Response to Beshear & Co. motion to dismiss ObamaCare lawsuit

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION II

CIVIL ACTION NO. 14-CI-1337

DAVID ADAMS                                                                                           PLAINTIFF

V.                                RESPONSE TO DEFENDANTS’ MOTION

                                                            TO DISMISS

COMMONWEALTH OF KENTUCKY, ET AL.                                                DEFENDANTS

                        **********************************************

            Defendants having entered a CR 12.02(f) Motion to Dismiss to Plaintiff’s Complaint, Plaintiff respectfully responds as follows:

I.        SUMMARY OF DEFENDANTS’ MOTION

Defendants base the bulk of Motion to Dismiss on their characterization of Complaint as being speculative and conclusory, making light of Plaintiff’s use of the term “illegal spending” while attempting to confuse it with state spending whose legality is properly established. Plaintiff is a taxpaying citizen whose right to challenge the legality of officials’ actions is well established. See Russman v. Luckett 391 S.W.2d 694 (Ky. 1965), which explains “public officials … are bound to perform their duties exactly as the Constitution and the statutory laws of this Commonwealth require when the command is clear.” Defendants deny Plaintiff’s characterization of improper attempts to spend state funds but, despite including for the record the entire Executive Branch Budget, fail to adequately address the main issues in the Complaint namely, “illegal spending” and “prior and proper legislative approval,” both of which were included in Complaint. Indeed, while Defendants complain in Section 1 of their Motion that “the pleading fails to provide any details about these allegedly illegal transactions, such as the amount, date or recipient of any such expenditure,” Defendants noticeably neglect to mention even once any of the three Executive Orders representing the only actions remotely attempting to legally make available Restricted Funds in question (available on the Secretary of State’s web site at www.apps.sos.ky.gov/Executive/Journal.) The General Assembly explicitly sought in KRS 12.028 to ensure constitutional and statutory limitations on Defendants’ power were maintained while making available requested funds should the aims of Defendants be met with necessary legislative approval. Those aims, namely Defendants’ desire to move Restricted Funds and, one presumes, taxing authority from “Division of Kentucky Access within the Department of Insurance” when its statutory purpose was accomplished to the General Fund and then on to “Division of Kentucky Access within the Office of Health Benefit and Health Information Exchange” in violation of the clear Executive Branch Budget denial of any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange. Failure of Defendants to recede from their prior plans once they definitely in every way became prohibited brought about this action.  

Defendants admit in Section 3 that for purposes of their motion “allegations in the pleading are accepted as true,” further stating “they must be sufficient to place the defending party on notice as to the cause of the action.” From this, Defendants find fault with Complaint’s lack of specific expenditures when the executive actions bringing about Complaint were explicit commitments by Defendants to perform actions which are in fact “illegal.”

Defendants express confusion at contents of the Complaint and deem it “speculative,” but admit the issues therein are justiciable by failing to cite even a single case, provision or fact definitively confirming their claim that all spending in question conforms to law. As such, Plaintiff respectfully requests this Court to deny their Motion to Dismiss.

 Defendants conclude their argument by quoting extensively from CR 65.04, relating to Temporary Injunctions, and ask the Court to find the Complaint defective despite the fact that a Temporary Injunction is not requested. This must be rejected as well.

    II.        RELEVANT PORTIONS OF BUDGET

The current Executive Branch Budget provides for expenditure of Restricted Funds in the amount of $14,021,200 in Fiscal Year 2014-15 and $23,404,900 in Fiscal Year 2015-16. KRS 48.010(13)(f) defines the term Restricted Fund: “This fund shall consist of budget unit receipts restricted as to purpose by statute.” This language presents a complex, yet fatal problem for Defendants. With Executive Order 2014-561, Governor Beshear attempted to overcome the will of the legislature which had refused to ratify his prior two attempts to create the Kentucky Health Benefits Exchange in each of the two years preceding, thereby rejecting optional provisions of ObamaCare. Beshear did this by attempting in the Order to place the Division of Kentucky Access into the Exchange in order to use its surplus funding and taxing authority to provide state funds for the Exchange. Kentucky law does not allow him to do this, as will be detailed in the next section of this Reply.

Complaint Section 10 quotes Budget language reiterating the General Assembly’s repeated disapproval of executive orders, administrative regulations, proposed statutes and provisions effecting ObamaCare and expressing the General Assembly’s intention to limit Beshear’s unilateral implementation.  Complaint Section 11 quotes Budget language absolutely forbidding General Fund spending even indirectly related to the Exchange. Complaint Section 12 quotes Budget language limiting General Fund spending for the Medicaid Expansion. Given this preponderant disapprobation, one finds it an inescapable conclusion that creating a Budget entry for nonexistent Restricted Funds requested by Defendants, perhaps in anticipation of a potential revised statute but in no instance as a replacement for one, would not conflict with subsequent disapproval of the creation of such funds in any form or clear confirming language to that effect in the same Budget.

 III.            LEGAL ARGUMENT

This Court faces tremendous pressure to construe Defendants’ executive actions liberally and it should. Executive management of the Commonwealth’s government is a difficult job and deference to the Chief Executive’s aims is understandable and not without precedent. Nevertheless, Kentucky law simply prohibits Defendants from continuing on their current course regarding implementation of ObamaCare.

Governor Beshear’s Executive Order 2012-587 attempted to temporarily create the Exchange for purposes of operating an optional state-based bureaucracy in the implementation of ObamaCare. The Order admitted that state funds would be necessary to provide full funding for operation of the Exchange as of January 1, 2015. It did not seek to create a funding source or taxing authority for state funds required for use by January 1, 2015 by federal law. The 2013 General Assembly did not ratify the now expired Order and also did not create funding or a taxing authority. Governor Beshear attempted to reverse this denial by the General Assembly in part by issuing Executive Order 2013-418. Governor Beshear’s Executive Order 2013-418 attempted again to temporarily create the Exchange for purposes of operating an optional state-based bureaucracy in the implementation of ObamaCare. The Order admitted that state funds would be necessary to provide full funding for operation of the Exchange as of January 1, 2015. It did not seek to create a funding source or taxing authority for state funds required for use by January 1, 2015 by federal law. The 2014 General Assembly did not ratify the now expired Order and also did not create funding or a taxing authority. Governor Beshear attempted to reverse this denial in part by issuing Executive Order 2014-561. Governor Beshear’s Executive Order 2014-561 attempted again to temporarily create the Exchange for purposes of operating an optional state-based bureaucracy in the implementation of ObamaCare, but before it did, state Budget negotiations intervened.

Governor Beshear has attempted an intricate game of musical chairs in reorganizing state government for three years running, struggling with the fact the General Assembly has not and does not approve his attempts to force the Commonwealth into ObamaCare implementation. But the music stopped when he tried to shift Restricted Funds beyond his authority to do so. Essentially, Beshear sought to use Kentucky Access funds and taxing authority to pay for the Exchange. Kentucky Access was created in 2000 by KRS 304.17B-005 as part of the Department of Insurance. No subsequent legislation has changed that, which is significant because accrued funds existing within Kentucky Access existed as Restricted Funds. KRS 48.010(13)(f) defines “Restricted Fund” as “budget receipts restricted as to purpose by statute.” Again, no statute has repurposed or otherwise transferred Kentucky Access Restricted Funds proposed in the Executive Branch Budget to fund the Exchange in 2014-15. Further, no statute has created a new taxing authority to fund the Exchange in 2015-16 or at any other time through Kentucky Access or otherwise. KRS 304.17B-021(1) mandates that taxes levied for Kentucky Access “shall be used for the purpose of funding GAP losses and Kentucky Access.” If we accept that one or more of Governor Beshear’s Executive Orders have done away with Kentucky Access, then GAP losses no longer exist as their purpose has been accomplished through the Affordable Care Act and also the Kentucky Access program as it existed in the Kentucky Department of Insurance pursuant to KRS 304.17B-005 no longer exists. The purpose of Kentucky Access under the statute is “implementing an acceptable alternative mechanism within the meaning of 42 U.S.C. sec. 300gg-44(a)(1) so that Kentucky may preserve the flexibility over the regulation of health coverage allowed by federal law.” This purpose, then, has also been accomplished through passage of the Affordable Care Act. In this case such funds, restricted as to purpose by statute, are not eligible to be transferred directly into another Restricted Fund, even one with a similar name and similar purpose. “The surplus remaining after object of a levy has been accomplished must be treated as part of a general fund.” See Fannin v. Davis (Ky. 1964) 385 S.W.2d 321. “The surplus remaining after the object of a levy has been accomplished is treated as part of the general fund … notwithstanding Section 180 of the Constitution of Kentucky, forbidding the diversion of taxes from the purposes for which they were levied.” See Field v. Stroube, 103 Ky 114, 44 S.W. 363.

If, however, we do not accept the Executive Orders, then the Kentucky Access program still exists as in current statute and the same Restricted Funds are not available to be transferred to the Exchange thanks to Section 180 and no legally created funding mechanism exists to provide for operating costs in the second year of the biennium or at any other time. Either way, the original Kentucky Access Restricted Funds cannot be transferred absent specific state legislation to fund ObamaCare as Defendants have attempted to do. Defendants may certainly refine their argument to attempt to make their official action stand before the Court, but they cannot pretend that their CR 12.02(f) Motion to Dismiss maintains any weight. Again, Defendants’ actions constitute illegal spending lacking prior and proper legislative approval and cannot be countenanced.

Lastly, Defendants claim Plaintiff’s request for injunctive relief is deficient because it fails to comply with CR 65.04, which governs motions for temporary injunctions. Plaintiff has not yet filed such a motion, but will comply with requirements of same at such time.

                                                                              Respectfully submitted,

                                                                              David Adams

                                                                              121 Nave Place

                                                                              Nicholasville KY 40356

                                                                              859-537-5372

                                                                              Plaintiff

CERTIFICATE OF SERVICE

This certifies the forgoing was served this 5^th day of December, 2014 via U.S. Mail upon Patrick R. Hughes, Dressman Benzinger LaVelle PSC, 207 Thomas More Parkway, Crestview Hills, Kentucky 41017-2596.

Frankfort ObamaCare lawsuit hearing December 17

Veto-proof majorities of both chambers in the Kentucky legislature voted last spring to prohibit spending of General Fund dollars on anything related to the Affordable Care Act. Beshear now claims he is spending only Restricted Funds specifically set aside for purposes of running the "Exchange."

He hopes you forget his executive order setting those funds aside for the exchange as Restricted Funds expired unapproved in April. In other words, Beshear could spend Restricted Funds on ObamaCare if he had them, but he doesn't. Those funds don't exist so granting him permission to spend Restricted Funds when only General Funds exist is the same thing as prohibiting him from spending money on ObamaCare.

We will be in Franklin Circuit Court on Wednesday December 17, 2014 at 9:00 am ET setting this straight. Please join us if you can in Frankfort at the Franklin County Courthouse at 222 St. Clair Street in Judge Wingate's courtroom.

Beshear hiding 2014 Kentucky insolvency figure to delay ObamaCare comeuppance

The Commonwealth of Kentucky's net financial position has declined by 65% while Gov. Steve Beshear has been in office, according to an official state government report called Comprehensive Annual Financial Report (CAFR).

This report is widely circulated among banks but never mentioned by Kentucky's mainstream media. In fact, KRS 48.800(3) mandates the CAFR to be made available each year by September 30, but during Beshear's time in office it has always been released quietly during the week after Christmas.

In the 2007 CAFR, Kentucky's current assets minus current liabilities exceeded $17 billion. After years of steady declines under Beshear, that figure fell to $10.5 billion in 2013. These figures do not include Kentucky's massive unfunded future pension liabilities.

The 2014 figures will include the very beginning of Kentucky's ObamaCare catastrophe. Please spread the word. More of us need to be looking for those numbers in one month. They will be published here as soon as I have them.

Bluegrass Bombshell: your state on Medicaid

Frankfort Obamacrats insist their "health reform" has enrolled 521,000 Kentuckians and they have been insisting it since July, despite an incredible volume of ObamaCare Medicaid advertising and ongoing enrollments.

I just received an email from "Exchange" Executive Director Carrie Banahan in response to repeated requests admitting 806,783 Kentuckians enrolled in Medicaid under the ObamaCare mandate since October 1, 2013.

The reason for Frankfort's secrecy on this is the huge number of new Medicaid recipients and the cataclysmic impact it would have on the current budget if this travesty is allowed to continue.

Exposing this and correcting it is the reason for our fight. Please forward this email as widely as you can and please click here to contribute to the effort. Anything you can donate will help get this mess straightened out.

Beshear in default on new ObamaCare lawsuit

Gov. Steve Beshear's ObamaCare attorney Patrick Hughes has not yet responded to an email this morning asking why he failed to respond by yesterday's deadline to a Franklin Circuit Court lawsuit challenging illegal executive branch spending on Kynect, the state's ObamaCare bureaucracy.

"Seven hundred and fifty thousand new Kentuckians on Medicaid we can't afford and a decimated individual health insurance market combined with abuse of executive powers and constitutional violations demand answers from Kentucky's top Obamacrat," said David Adams, plaintiff in Franklin Circuit Court case 14-CI-1337. "Beshear needs to come clean now so we can start cleaning up his ObamaCare mess."

At the start of ObamaCare implementation in Kentucky, which Beshear insisted on pursuing without legislative approval as state law requires, he claimed there were 640,000 uninsured Kentuckians. He now touts a Gallup poll showing there are 528,000 uninsured Kentuckians while also sticking to an outdated enrollment figure of 521,000 in Kentucky ObamaCare for most of which we are spending current state dollars to cover with Medicaid. By his own figures, 78% of Kentuckians signing up for ObamaCare were previously covered by private health insurance.

Huge KY ObamaCare profiteer rapes state

Kentucky's biggest ObamaCare health insurer has been granted a twenty percent premium increase by the state Department of Insurance. Kentucky Health Cooperative requested the rate hike on October 24.

"This mess is based on funny numbers but the only people laughing are Obamacrats filling their pockets with taxpayer money," said David Adams, plaintiff in three lawsuits challenging illegal ObamaCare implementation and state spending in Kentucky.

More than 800,000 Kentuckians are signed up for ObamaCare so far, which the state can not begin to afford. Mainstream media coverage of this debacle has ranged from abysmal to obsequious.

Crit Luallen can't be Lieutenant Governor now

Gov. Steve Beshear is relying on a 1942 law combined with general ignorance of changes in the Kentucky Constitution from 1992 to appoint a new lieutenant governor today after Jerry Abramson resigned to work in the Obama Administration.

KRS 63.190, enacted in 1942, states "In every case where there is no provision of law for the filling of a vacancy in any office, the vacancy shall be filled by an appointment by the Governor."

But several changes in the Constitution enacted 1992 did speak to the issue and since a gubernatorial vacancy had not happened under those rules until today, the issue hasn't been thoroughly explored. When you look at the relevant constitutional sections, it becomes clear Beshear can't override the will of the voters or the Kentucky Constitution by replacing a duly elected lieutenant governor on a whim.

Section 70 of the Kentucky Constitution states: "The Governor and Lieutenant Governor shall be elected for the term of four years by the qualified voters of the state. They shall be elected jointly by the casting by each voter of a single vote applicable to both offices, as shall be provided by law."

This section combined the offices at the head of Kentucky's executive branch for the first time in history. The lieutenant governor can't attain that office by his own election. He (or she) gains the office by election with a candidate for governor. The office of governor is not filled without both a governor and lieutenant governor. So this brings in Section 85.

Section 85 of the Kentucky Constitution states: "And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached and removed from office, refuse to qualify, resign, or die, the President of the Senate shall in like manner administer the government."

The office of Governor as defined by Section 70 became partially vacant when Abramson resigned. Section 85 describes how such a vacancy is to be remedied. Senate President Stivers should become Kentucky's Lieutenant Governor.

New Kentucky lawsuit is ObamaCare checkmate

COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 14-CI-______

 

DAVID ADAMS                                                                                           PLAINTIFF

 

V.                                                        COMPLAINT

 

COMMONWEALTH OF KENTUCKY,                                                  DEFENDANTS
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE STATE TREASURER, Todd Hollenbach,
CABINET SECRETARY HEALTH AND HUMAN SERVICES,
Audrey Tayse Haynes

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

State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South

Suite 100
Frankfort KY 40601

Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621

 

***************************************************

 

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, State Treasurer Todd Hollenbach, in his official capacity as State Treasurer and Audrey Tayse Haynes, in her official capacity as Secretary of the Cabinet for Health and Family Services respectfully states as follows:

 

I. Nature of Action

 

1. This is a civil action for declaratory and injunctive relief relating to Governor

Beshear’s continued attempt to unilaterally impose upon the Commonwealth acceptance of optional provisions of the federal Patient Protection and Affordable Care Act, hereinafter ObamaCare. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear from spending state funds related to ObamaCare’s optional provisions under any circumstances without prior and proper legislative approval.

2.  Time is of the essence in resolving this issue because the current state budget explicitly forbids spending state funds directly or indirectly related to ObamaCare. Defendants’ actions make clear they have no intention of obeying state law in this matter until forced to do so. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional  limits on executive 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 David Adams.

            4.  As a result of the actions of Defendants, David Adams respectfully seeks an injunction against any continued illegal spending related to ObamaCare until such time as proper legislative approval is granted as required by Kentucky law and the Kentucky Constitution.

            II. The Parties

            5.  David Adams is a citizen of the Commonwealth of Kentucky.

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

            7. State Treasurer Todd Hollenbach is sued in his official capacity as State Treasurer of the Commonwealth of Kentucky.

            8. Cabinet Secretary Audrey Tayse Haynes is sued in her official capacity as Secretary of the Health and Family Services Cabinet.

III. Jurisdiction

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

IV. Factual allegations and Background

10. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly states: “Subsequent to these Executive Branch actions, no executive order related to the ACA has been codified by the General Assembly, nor has any administrative regulation related to the ACA been approved by a vote of the majority of the members of a legislative committee. Providing that the Governor continues unilateral implementation and operation of the ACA in the Commonwealth, the General Assembly shall limit the ACA's impact on the 2014-2016 State/Executive Branch Budget and future biennial budgets so as not to bind future General Assemblies. Therefore, no provision within this Act shall be deemed, adjudged, or constructed as being a recognition, finding, or admission of the General Assembly's approval of the operation of the ACA in Kentucky.”

11. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange. ”

12. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “As the only body in the Commonwealth with the constitutional power to make appropriations, the General Assembly recognizes that federal funding for the expansion of Kentucky's Medicaid Program is not recurring in nature; therefore, the intent of the General Assembly is that funds received from the Affordable Care Act, or its successor, shall not be used to permanently expand existing programs, permanently create new programs, or in any way increase the requirements to be placed on the General Fund or Road Fund above the adjusted appropriation level as of June 30, 2014. ”

13. Defendants have made contracts in violation of these clear prohibitions as enacted by the General Assembly and have further made public statements indicating no intention to obey state law unless forced to do so. This unprecedented attempt at the abrogation of the rule of law in the Commonwealth cannot be countenanced by people who wish to remain civilized.

V. Claims for relief

14. David Adams seeks declaratory relief pursuant to KRS 418.040. David Adams seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Defendants’ conspiracy to adopt optional provisions of ObamaCare without prior and proper legislative approval and to spend state funds in violation of Section 230 of the Constitution of the Commonwealth of Kentucky in violation of David Adams’ rights as a citizen.

15. David Adams seeks injunctive relief to stop Defendants’ violation of state law prohibiting spending of state funds for ObamaCare.

VI. Prayer for relief

16. David Adams requests the court enter a judgment declaring Defendants have erred in contracting, agreeing and conspiring to violate state law by spending state funds for ObamaCare despite the clear prohibition of same by the duly enacted 2014 Executive Branch Budget and prohibiting them from continuing to do so or to resume such activity until they are granted prior and proper permission by an act of the Kentucky General Assembly.

 

Respectfully submitted,


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




    CERTIFICATE OF SERVICE

This certifies the forgoing was served this 5th day of  November, 2014 via U.S. Mail upon:


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

Serve: State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South
Suite 100
Frankfort KY 40601

Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621



       _________________________________
      
       David Adams

Torch Frankfort's Pinocchio factory Tuesday

The best thing that can happen in Kentucky's elections this year is repudiation of Obamacrats generally and state House candidates supported by wild, false attacks by a group called Kentucky Family Values PAC specifically.

The Kentucky state House will never do anything to improve our plummeting fiscal fortunes, whether it's public pensions or mounting real budgetary deficits or improve our regulatory approach, economic policies or our broken judicial system with Greg Stumbo calling the shots. An avalanche of "Kentucky Family Values" sponsored advertising touting Democratic candidates as paragons of conservative virtue while maliciously slandering Republicans has blanketed the state in recent weeks by the same operatives who make a living attacking "big money Republicans."

The group's cartoonish propaganda is laughable to anyone paying attention, but we are counting on a lot of people to do their homework to see past the smokescreen. Fortunately, their nonsense was so over the top, a significant number of people have done just that.

"Kentucky Family Values" supports candidates with lies to prop up a failed ideology that has kept Kentucky corrupt and backwards for decades longer than it should have. Informed citizens will do well to make sure such left-wing Pinocchio factories waste their money.

Kentucky Dems still faking Obama-enthusiasm

Associated Press Frankfort Bureau chief Adam Beam wrote an article today about Kentucky's ObamaCare premium increases on the vast majority of people signed up on the illegal ObamaCare "exchange and Gov. Steve Beshear still can't give a straight answer about the mess he has made.

Obamacrats have insisted since the beginning of ObamaCare that any judgments on the program's performance are either premature or too difficult to do, or both, unless the judgment is positive toward them or their mess. Beshear tried to explain away massive rate increases coming in 2015 by claiming that because rate increases vary from case to case that they can't really be discussed.

The vast majority of people who purchased exchange health plans in 2014 are facing at least a fifteen percent rate increase in 2015. We know that much. Beshear also very helpfully explained that one person with a sixty dollar subsidized monthly premium and a six percent rate increase would face only a $3.60 a month hike, if their subsidy stays the same.

That's a huge "if" combined with a hypothetical that doesn't apply to anyone. Besides, should their subsidy be decreased or go away completely, someone in a similar hypothetical situation could see their premium increase two hundred dollars a month or more.

While I'm glad to see one Frankfort reporter at least take a stab at this story, the lack of journalistic seriousness devoted to ObamaCare remains quite disappointing.

Kentucky's hidden 250,000 dependents

Kentucky's "Kynectors" have been signing people up for ObamaCare faster than you can say perjury since they first reported 521,000 people signed up for the program as of July 31.

So why are they still telling us the number is 521,000?

The real number is closing in on 800,000. At this rate we should have a million Kentuckians illegally signed up for ObamaCare Medicaid by the end of 2014. They won't publicize this for fear someone else might do the math and realize the next Governor will immediately step into the mother of all budget messes his or her first day on the job.

Our lawsuits continue to move forward to stop this nonsense. I'm writing briefs for the Kentucky Court of Appeals right now.

Unfortunately, I need money very quickly to keep going. Please click here and donate whatever you can today. Any amount will make a difference. I will fight this to my last breath, but I really could use some help right away.

McConnell should finish Medicaid answer

Mitch McConnell won the ObamaCare portion of last night's debate by default when Alison Grimes lauded Gov. Steve Beshear's "courage" for illegally implementing optional provisions of the "Affordable Care Act," but it wasn't the knockout it could have been.

"With regard to the Medicaid expansion, that's a state decision," McConnell said. "States can decide whether to expand Medicaid or not. In our state, the Governor decided to expand Medicaid and that..."

McConnell was cut off there by KET debate moderator Bill Goodman. If McConnell does not wish to support Kentuckians fighting against illegal implementation of the Medicaid expansion here, he might make that clearer than he already has by finishing his sentence. I suspect, however, that he never will.

I don't have much of a problem with the word games McConnell is playing with the "Kynect" implementation. Obamacrats don't want to call him on saying the state could keep it because they don't want to draw any more attention to the fact that they need huge amounts of federal dollars to maintain even a facade of viability for the exchange. McConnell could stand up for the rule of law on this issue, but expecting him to start that now is perhaps setting the bar too high.

Herald Leader questions for state House candidates

The Lexington Herald Leader has sent the following questions to state House candidates around the state. Included with each question are my answers.

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

Maybe, but I'm not as concerned about this as I am the unnecessary stigma for life placed on people convicted of nonviolent crimes that have been illegitimately deemed felonies. The damage this does to Kentuckians has a much more negative impact on our state than problems caused by some people having to apply to get their voting rights restored.

Would you vote to continue or reverse an expansion of Medicaid eligibility in Kentucky under the federal Affordable Care Act?

Reverse. We can't afford the massive expansion of Medicaid created by ObamaCare, it was not implemented legally and the entire legislature has already defunded it. The only reason anyone is still talking about this is because Gov. Beshear refuses to follow the law.

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

Oppose. Banning legal activity by adults on private property is not a proper function of the legislature.

Do you support or oppose prohibiting discrimination based on gender identity or sexual orientation in employment, housing and public accommodations?

Oppose. Telling employers who to hire, landlords who to rent to and business owners who to serve is not a proper function of the legislature.

Do you support or oppose a proposal that would require a doctor to present the results of an ultrasound to a pregnant woman prior to an abortion?

Support. Anything that might limit instances of this barbaric practice needs to be tried. Ultrasounds are already required in Kentucky. What other states have found is that requiring informed consent prior to an abortion leads to fewer abortions being performed.

Should Kentuckians be allowed to use marijuana for prescribed medical purposes?

Yes. The prescription drug Marinol, a synthetic version of THC, is already legal and marijuana can be grown in Kentucky and distributed here at a lower cost. Limiting agriculture production is not a proper function of the legislature.

Do you support or oppose raising Kentucky’s minimum wage to $10.10 an hour?

Oppose. Mandating wage levels is not a proper function of the legislature.

Do you support or oppose changing state law to allow people to work in businesses that have unions without joining the union or paying union dues?

Support. Requiring membership in a union is not a proper function of the legislature.

Kentucky public debt hits all-time high, grows $186.6 million in only six months

A new report issued quietly today by the Beshear Administration reveals a staggering increase in revenue supported state debt in the last six months. The increase of $186.6 million brought Kentucky's total of such debt to $9.1 billion.

When Gov. Beshear took office in December of 2007, that amount was $6.1 billion and the increase should have been lessened by an unprecedented $3.4 billion in one-time federal "stimulus" funds.

"This is why Kentuckians must band together to stop Gov. Beshear in his illegal ObamaCare charade," said David Adams, who is suing Beshear to stop his health reform efforts which have already been defunded by the legislature. "You stop a shopaholic by taking away his or her credit card. Beshear needs an intervention in the worst way."

These debt figures are available to the general public (and the media, but, oh never mind...) from the Kentucky Finance and Administration Cabinet. Just ask for their ALCo semiannual report issued today.

Yarmuth: let's blow up Louisville economy

At a Tuesday rally for illegally forcing Louisville businesses to raise their "minimum wage" to $10.10 an hour, Congressman John Yarmuth quoted an old left-wing blog talking point that could, if taken seriously, wipe out the unskilled workers in the city and their employers.

"If your business model requires you to pay people less than a living wage, then you shouldn't be in business," Yarmuth said.

While Yarmuth is advocating for a city-wide increase in the minimum wage and not to force employers of unskilled laborers out of Jefferson County, he should be made to explain which businesses in Louisville he wants to victimize first.

Earth to lefties: Alison Grimes is ignoring you because Kentuckians aren't that stupid

The political Left desperately needs Alison Lundergan Grimes to campaign on Kynect/ObamaCare to justify their misinformation. She can't do it because she wants to have a future in Kentucky politics after she loses in November.

They claim falsely that Kentucky's uninsured population has dropped by half under ObamaCare. They claim falsely that Kynect is a massive success. They claim falsely that Kentuckians love Kynect all based on the New York Times finding one Kentuckian who was glad to get Medicaid.

ObamaCare is bad economics, bad health policy and bad politics in Kentucky. Love to see an Obamacrat get raked over the coals for not being Obamacrat enough and it will be great to watch them get louder and shriller as they continue to be ignored. If Kentucky's mainstream media had any honest players left, there is a good story here and "but the people just don't understand how great ObamaCare is!" isn't it.

Dr. Ralph Alvarado of Winchester smacks Obamacrat

Alison Lundergan Grimes rips taxpayers for ObamaCare

Democratic U.S. Senate candidate Alison Lundergan Grimes went on the offensive for ObamaCare on Saturday in Covington, against the interests of most Kentuckians.

"I want to make sure we're not ripping insurance from 500,000 people in Kentucky," Grimes told friends and supporters at her campaign's Northern Kentucky headquarters.

The fact is that getting ObamaCare out of Kentucky has nothing to do with "ripping insurance from 500,000 people." Far fewer have even purchased insurance under ObamaCare in Kentucky. What she is talking about is Medicaid, which is not insurance and is financed with money ripped out of the hands of Kentuckians.

According to the Kentucky Department of Insurance, 280,000 Kentuckians actually had their insurance ripped away from them when ObamaCare first hit Kentucky.

Grimes continues to defend Gov. Steve Beshear's illegal implementation of ObamaCare in Kentucky, which is currently being challenged in Kentucky's Court of Appeals (case numbers 13-CA-1521 and 13-CA-1590).

ObamaCare/Kynect still big loser here

Obamacrats have screamed for years that as soon as people understand ObamaCare, they will love it. They will scream it again Monday, citing a new NBC/Marist poll they claim shows Kynect, which is Kentucky's health "exchange" created illegally by Gov. Beshear in answer to passage of ObamaCare, gaining support.

Don't buy it.

The new poll shows ObamaCare way underwater with 31 percent holding a favorable view and 62 percent unfavorable among registered voters. Capitalizing on unfamiliarity with the name of the state "Kynect" program, ObamaCare supporters will point to a 34 percent positive view of Kynect against only 18 percent negative. What Obamacrats -- and journalists, but I'm repeating myself -- neglect to point out is that 30 percent answered they have "never heard" of Kynect and 18 percent said they were "unsure."

The only way to lower those last two numbers is to explain what Kynect is. It's ObamaCare. Worse, Kynect was created illegally and is currently spending unappropriated state funds in violation of the Kentucky Constitution. Both failures are currently being challenged in state court, another fact Obamacrats don't want to talk about.

Chamber of Commerce slurps up ObamaCare

The Kentucky Chamber of Commerce is going around the state presenting a startlingly uninformative cheerleading session in favor of the "Affordable Care Act."

Ashli Watts, the Chamber's Public Affairs Manager, is delivering PowerPoint presentations billed as providing "what you and your business need to know" about ObamaCare.

But instead of that, Watts' audiences get stale talking points, non-answer answers to specific questions and repeated reminders that the Chamber was initially against ObamaCare but now just wants to help.

She also said the Chamber has taken no position on the lawsuits challenging ObamaCare, but that the Chamber supports Beshear's (illegal) attempts to create a state based exchange.

Obamacrats attack Jessamine for Russ Meyer

A Washington D.C. political group has descended on the 39th Kentucky House district to promote the candidacy of Democrat Russ Meyer and ObamaCare.

"After a year of letters, calls, rallies and congressional visits, we passed a bill -- the Affordable Care Act -- that will help everyone get quality, affordable health care that can't be taken away," the group, Working America, claims on its website.

"Russ Meyer is the best candidate for state representative," the group claims in printed material it is distributing.

Meyer's opponent in November, Jonah Mitchell of Nicholasville, opposes ObamaCare.

Kentucky ObamaCare lawsuits moving forward

The Kentucky Court of Appeals will hear two cases challenging Gov. Steve Beshear's unilateral implementation of the "Affordable Care Act" in Kentucky.

"Our system of government is on trial here," said David Adams, plaintiff in both cases. "Governor Beshear has created a mess by violating state law to force Kentucky into ObamaCare without required legislative approval. If Kentucky's judicial branch won't stop him in this contemptible law-breaking, we have no law. I don't believe we are that far gone."

The first order of business with the Court of Appeals will be a re-hearing of Beshear's ridiculous claim that citizens of Kentucky don't have a right to complain when he breaks the law.

"The legislature has refused to play along with Beshear in his ObamaCare nonsense by killing his executive orders without a single hearing and defunding ObamaCare in the state budget by veto-proof majorities in both chambers," Adams said. "The people's representatives have spoken loud and clear and now is the time for the rest of us to engage."

2015 GOP gubernatorial race's missing ingredient

Just got an email from the Hal Heiner for Governor campaign touting a 28-22 lead over James Comer. As much as I like Hal and appreciate his work particularly on education, it's pretty hard to miss the real news in the polling he mentions.

Hal isn't winning.

The headline on the campaign email says Heiner has "taken the lead" but the poll shows him either in 2nd or 3rd. If you throw Matt Bevin into the mix, the Hal is running behind "Not sure" and Bevin. If the race is between Heiner and Comer only, Hal trails "Not sure." By a lot, in both cases.

I'm not sure Matt Bevin will get into this race, but I know that if he did the first thing he would do is put up a web site with a page dedicated to explaining his positions on the issues. Hal has the only official campaign in the race but has yet to do that.

When the issues get the attention they deserve, there are several Kentucky candidates must address. Following state law and getting Kentucky out of ObamaCare is a total no-brainer. Dropping out of the federal "War on marijuana" is perhaps not as obvious yet, but it will be. Deregulating healthcare any way we can should be another easy one with quick, positive results -- starting with repealing certificate of need laws and reducing the scope of Department of Insurance regulation of health coverage. Opting out of federal control of public education must be a top priority of our next governor. Ending Kentucky's ridiculous corporate welfare game and seriously addressing public employee pensions are also winning ideas that can't wait for a champion.

We've suffered long enough under popularity contests and mud-slinging determining who runs our government. If you see a candidate or potential candidate ask them to get specific right away.

Joe Sonka: I see insured people!

Left-wing journalist Joe Sonka has a very funny way of advocating for ObamaCare in Kentucky. His latest effort reminded me a lot of the line from the spooky, supernatural "The Sixth Sense" movie from 1999 in which the main character whispered eerily "I see dead people."

Sonka is upset that Alison Grimes took her U.S. Senate campaign to Perry County without mentioning the "Affordable Care Act."

Sonka:

But an examination of enrollment numbers through Kynect, Kentucky’s state insurance exchange made possible by the Affordable Care Act, shows that the uninsured rate dropped more dramatically in Perry County (where Hazard is located) than in any other Kentucky county.
According to the U.S. Census Bureau’s Small Area Health Insurance Estimates, in 2012 there were 19,773 residents in Perry County with health insurance coverage, and 4,202 residents with no coverage. However, by the signup deadline this April, 5,509 people in Perry County had signed up for insurance through Kynect. Assuming the Beshear administration’s statewide estimate that 75 percent of Kynect enrollees were not previously insured (as stated on their application), this means Perry County’s uninsured rate may have dropped from over 17 percent to less than 1 percent.

We are deep into imaginary friend territory here. No one knows how wildly inaccurate the Census Bureau's guess at rates of coverage by health insurance are, but we can only hope it's not worse than Beshear's ridiculous twin claims that 75% of exchange health insurance enrollees were previously uninsured as were 75% of ObamaCare Medicaid enrollees. Current and former "exchange" employees and contractors reported repeatedly that their computers kicked out entries defining applicants as possessing prior insurance coverage, so it is very safe to assume Beshear simply made up both numbers.

Taking two very questionable data points and concluding from them that the uninsured rate in Perry County "may have dropped from over 17 percent to less than 1 percent," much less that the fantasy should be touted as fact in a U.S. Senate race, may run a thrill up the leg of Obamacrats and Beshear lackeys, but such science fiction writing does nothing to advance real public policy discussion.

University of Kentucky student health plan covers abortion

Kentucky law forbids health insurance companies from covering abortions except in the case of saving the life of the mother, but United Healthcare's student plan at the University of Kentucky covers elective abortions.

At the bottom of page 23 of the plan document under the headline "Benefits for Elective Abortion," it reads: The exclusion will be waived and benefits will be paid for elective abortion as for any other Sickness."

"Elective abortion" is also listed under "Exclusions and Limitations" in the policy, but "elective" is defined in the policy on page 25 as services that "do not meet the health care need for a Sickness or Injury," services deemed experimental or "not recognized and generally accepted medical practices in the United States." In other words, the policy makes no distinction between a legal abortion and an illegal abortion. It covers them all.

I guess the folks at UK figure it is cheaper to pay for abortions than for delivery of a child.

We've dealt with the Beshear administration's lack of honesty on this issue before.

WellCare of Kentucky not paying Medicaid doctors

Sources report Medicaid managed care provider WellCare of Kentucky has stopped reimbursing doctors whose patients present their coverage for payment.

Doctors' office personnel are currently turning away WellCare members and urging them to call Governor Steve Beshear. Kentucky has added over 600,000 people to the Medicaid rolls under ObamaCare.

This failure was not difficult to predict.

"'Counting ObamaCare 'success' one Medicaid recipient at a time is for people who enjoy playing hide-and-seek alone," said David Adams, plaintiff in a lawsuit seeking clarification of the law Beshear violated in signing Kentucky up for the optional ObamaCare Medicaid expansion.

Supreme Court justice shows stronger sign of gubernatorial run

Kentucky Supreme Court Justice Will T. Scott has recused himself from involvement in the Court's two ObamaCare lawsuits, likely signaling a campaign for the the Republican nomination for Governor.

Justice Scott told the Lexington Herald Leader last month he was considering making a run and there is no other readily apparent reason for him to step down from hearing the ObamaCare cases.

The timing of the recusal also points to likely imminent action from the Court on the cases.

"Continuing to allow Gov. Beshear's ObamaCare charade to drag on with him continuing to fail to make implementation legal serves no purpose unless you enjoy watching MSNBC hosts slobber all over him," said David Adams, plaintiff in the two lawsuits challenging legality of ObamaCare implementation in Kentucky.

Beshear puts more lipstick on ObamaCare pig

The Interim Committee on Health and Welfare voted today in favor of Gov. Steve Beshear's third attempt to make ObamaCare legal in Kentucky, but there remains no chance whatsoever that his latest executive order will be ratified by the entire General Assembly. And that is what matters.

"The legal case for ObamaCare in Kentucky gets thinner by the day as illegal state expenditures pile up and nothing can be done to make it fit state law," said David Adams, plaintiff in two state lawsuits seeking clarification of already-pretty-clear state law forbidding Beshear's unilateral acceptance of optional portions of the "Affordable Care Act." "Kentucky's brain dead media would be all over this if the governor breaking the law so egregiously were a Republican or if there were an extramarital sex act involved."

The symbolic vote passed 11-7 with eleven yes votes coming from Democrats and seven no votes from Republicans. Nine committee members missed the meeting, including seven Republicans.

"Follow the Constitution" is GOP ticket in 2014

Republican candidates who want to maximize GOP voter turnout as well as attracting voters registered otherwise would do very well to focus on the rule of law and the ways in which their opponents fall short on that front.

A Tea Party Patriots poll of Republican voters across the country finds nearly all of them believe the most important issue involves a failure of government to follow the rule of law. The best answer from Democrats to complaints about their illegal tactics is to attempt to justify their actions.

Our prisons are full of people who, like these Democratic politicans, demonstrate failure to grasp why flouting constitutional and statutory restrictions on their actions is inherently bad.

Pointing this out repeatedly and keeping the discussion on opponents' problems with the rule of law should be fertile electoral policy any time, but seems to be especially so now.

For federal candidates, questions to ask involve your opponents' support for any number of the president's illegal and unconstitutional actions including asking why the opponent supports or does not support them. State candidates would do very well to look into Gov. Beshear's many illegal actions regarding ObamaCare implementation and question their opponents in a similar manner.

Leftists trying to microchip subsidies into ObamaCare

ObamaCare opponent overreach is an unfortunately common frustration for those trying to fight the federal takeover of our healthcare system by steadily bringing in supporters based on undeniable facts. An example of this is the claim that ObamaCare calls for Americans to micro-chipped as part of the law.

Something like that was in an early version of the ObamaCare bill, but never made it into law.

The funny thing is ObamaCare apologists freaking out over the idea that they might be held to the actual language in the law and not what their intentions are have taken up the same tactic of trying to distract people by quoting from old versions of the ObamaCare bill.

Greg Sargent, a Washington Post columnist, makes the silly argument that we have to ignore the language in the "Patient Protection and Affordable Care Act" and run ObamaCare taxes and subsidies in states that opted out of setting up an exchange because an earlier version of the bill said something about taxes and subsidies flowing through both federal and state exchanges.

I've been explaining to friends for the last few years that ObamaCare doesn't require insertion of microchips, but as fast and loose as Obamacrats are with the rule of law maybe we can't be so sure.

Is Beshear defrauding feds or Kentuckians?

If you want to see Gwenda Bond's head explode -- and believe me, you do -- ask her for a copy of Kentucky's NCE application for our state ObamaCare Health Benefits Exchange.

As spokewoman for Kentucky's Cabinet for Health and Family Services, she is the person Beshear administration officials referred me to when I asked for a copy of the document formally requesting additional time to spend federal dollars on the Commonwealth's ObamaCare program.

The reason Gwenda is so upset is the "Affordable Care Act" requires all federal implementation funds given to states to set up their own exchanges to be spent by December 31, 2014, but gives flexibility for an extension if additional time is needed for the initial set-up of the "exchange." Beshear has been bragging across Kentucky and around the nation that Kentucky's exchange is ahead of schedule and operating better than other exchanges. So which is it: is Kentucky moving slowly and in need of remediation or does Beshear simply lack the legal authority and state spending ability he needs to proceed without state funds in a mere five months and finds himself in need of a federal bailout he can't have without breaking federal law?

A CMS FAQ document on NCE grants specifies: "the funds may not be used to cover maintenance and operating costs." Beshear has no money for such costs and no legal authority to cover them. So, you see the problem. After claiming falsely that he didn't need state funds for ObamaCare, Beshear now needs them but doesn't have them and doesn't qualify for an extension of federal funds and time is running out on his charade.

Lawsuits 13-SC-652 and 13-SC-667 currently await Kentucky Supreme Court action seeking clarification of Beshear's violations of state law in trying to force us into ObamaCare without legislative approval.

Beshear's $8.5 million ObamaCare/Kynect problem

Governor Steve Beshear filled last year's budget hole last Wednesday with $91 million in funds shifted around from someplace else. One of those other places was Kentucky's ObamaCare exchange, which coughed up $8.5 million for the cause.

The tangled web of problems with this transaction is worth looking into.

Beshear admits up front that the ObamaCare bucks are actually Kentucky Access funds. As Kentucky Access funds, they could be considered "lapsed funds," which a divided Supreme Court just last month declared fair game for General Fund spending. Beshear moved Kentucky Access funds to the Kentucky Health Benefit Exchange with an executive order filed in 2013 that expired unratified last Tuesday, the day before Beshear ordered the money to be thrown into the General Fund.

So technically, Beshear didn't raid Kentucky ObamaCare. He raided Kentucky Access, which had unspent tax funds after last fiscal year because Kentucky Access doesn't exist anymore. Otherwise, Beshear would have been taking state funds out of Kentucky ObamaCare, which funds through budget negotiations this spring he insisted did not exist and would not be needed in the new biennium.

But we are in the new biennium and, as Beshear now admits, the ObamaCare exchange does need state funds even though the legislature refused to give him any and explicitly forbade him from spending. Yes, Beshear wrote another executive order in 2014 to replace the old unratified one, but state law very clearly forbids him from doing this.

So if you are keeping score at home, Beshear just raided a fund of $8.5 million that he said in court last year that he wouldn't need even though he knew he did and now he has to replace it even though the legislature has refused to grant him the necessary authority to get it, to replace it or to spend it if he does.

Wouldn't it have been much simpler, Governor, to just be honest and follow the law in the first place? Obamacrats...

Beshear sends along critical new evidence

I just got a letter from Gov. Steve Beshear's attorney in my two ObamaCare lawsuits which he claimed was in answer to my week-old question about illegal "exchange" funding in the state budget.

In the letter, attorney Patrick Hughes advised me of state Open Records law, again, reminded me that because the cases are on appeal the discovery process is over, quoted back my question to state Deputy Budget Director John Hicks, and then answered half the question.

Hughes answered the easy part, admitting that state funds have been written into the budget. Thanks, counselor, I needed that evidence. Again, the legislature voted nearly unanimously in March to prohibit any state spending in the new biennium on anything "directly or indirectly related to the Kentucky Health Benefit Exchange." There is no legal authority for the expenditure, as this letter also tacitly admits.

Beshear did not veto the defunding language because his veto would have easily been defeated by the legislature. He claimed then, falsely, that no state funds were necessary and called the spending prohibition "symbolic" and meaningless.

So much for that claim.

Thanks to everyone who shook the governor up the last couple of days to force him to cough up this invaluable admission.

Held hostage in Kentucky

It's been a week since I asked Kentucky Deputy Budget Director John Hicks to his face where he got the $37.4 million dollars to spend on the state ObamaCare exchange and under what legal authority he was spending it since the legislature almost unanimously voted in March to prohibit any such spending.

He has failed so far failed to respond. Maybe we should be worried. Perhaps Mr. Hicks has fallen ill and can't answer his email. Maybe he is being held hostage and can't answer because his head is wrapped in duck tape.

More likely, this sorry episode merely demonstrates the depravity of our state government and it is we who are being held hostage by a rogue governor and his army of overpaid minions. I would call the media, but they live too far up Gov. Beshear's rectal cavity to notice the stench of his actions. I would call whichever Republicans wield influence in Frankfort, but they are mostly too afraid of Beshear's popularity to mount any form of sustained protest.

So I come to you for help. Please forward this message as widely as you can and tell your friends to do the same. Please also contribute whatever you can afford to the fight, by clicking here to donate, so we can keep going.

The Kentucky Supreme Court is on vacation this month. We desperately need them to clarify the law for Gov. Beshear and his fellow Obamacrats when they come back to work. Remember the squeaky wheel gets the grease and let's keep getting louder and louder.

Halbig case about more than ObamaCare

Halbig v. Burwell turns on whether or not the IRS can change the words in a law on a whim. The suit arose because the "Affordable Care Act" says federal subsidies flow through ObamaCare "exchanges" when they are set up by individual states.

Some three dozen states did not fall for the offer of federal seed money to start an exchange and the reason for this is simple. States dumb enough to set up their own exchanges would then be responsible for the costs of running their exchange perpetually while refusenik states were liberated from paying the same costs. Also, because of how the law was written, states opting out of state-run exchanges would not see their health insurance markets further distorted by federal subsidies. It was a risk-free way for a state to vote against ObamaCare -- which is both their right in such a circumstance as well as their responsibility in the face of federal overreach.

Both sides in the case agree that if the Plaintiffs win, ObamaCare will be ripped apart. Most states would be exempt from much of the carrot created to sucker people into the dependency of ObamaCare, while their citizens would be forced to pay full price for the stick of ObamaCare's wild federal coverage mandates. Federal representatives of such states would have no leg to stand on to insist their people continue to suffer under ObamaCare because the new subsidy-receiving constituency would no longer exist.

Obamacrats campaigning against the lawsuit are placed in the untenable position of arguing that the language of the law should be ignored because following it would lead to a result that, according to them, would not comport with the purpose of the law as stated in its title, which is of course the "Patient Protection and Affordable Care Act."

The hard truth is ObamaCare does nothing to lower the cost of healthcare, it merely shifts those costs around which actually increases them. Attempting to ignore the language of a law because following it frustrates your administration's imaginary purpose is a truly unique legal argument by a truly unique presidential administration.

Beshear budget fraud update

I stopped in the office of Kentucky Deputy Budget Director John Hicks five days ago to ask him about the curious appearance of state spending in the current budget for the ObamaCare exchange after Gov. Beshear spent months lying about the need for state funds and the legislature succeeded in -- nearly unanimously --defunding the exchange.

Mr. Hicks asked me at that time to send him an email with my question. I sent an email on July 9 at 2:27 pm which read as follows:

John,

Thanks for talking with me earlier today. If you could, please provide me with the source of budgeted restricted funds for the Kentucky Health Benefit Exchange in the current biennium and any statutory authority related to such funds.

Thanks,

David Adams

859-537-5372

I have yet to receive an answer. Surely there is someone out there who won't be stumped by such a straightforward request.

Herald Leader selling Beshear math

In a story about Kentucky state overspending -- they call it a budget "shortfall," of course -- the Lexington Herald Leader unquestioningly prints another piece of Gov. Steve Beshear's budget propaganda as fact.

"The governor has cut $1.6 billion in state budgets since taking office in 2007," reports Herald Leader reporter Jack Brammer without attributing the questionable statement to anyone.

According to state budget documents available to anyone who bothers to look, Revised Fiscal Year 2008 state spending was $24.3 billion. Revised Fiscal Year 2014 spending $29.7 billion. And you probably aren't supposed to remember Beshear got and spent $3.4 billion in federal "stimulus" funds right in the middle of that.

We're looking at spending going up an average of almost a billion dollars a year under Beshear and almost another billion a year in one-time money blown through, but Beshear and his cronies in the media keep repeating his "budget cutting" fiction.

Beshear budget fraud on Page 209

When the 2014 Kentucky General Assembly enacted budget language forbidding spending on anything directly or indirectly related to ObamaCare, Gov. Beshear declined to veto the provision because, he said, sufficient federal funding would be available to run the Kentucky Health Benefit Exchange in 2015-16.

That was never true.

Now the actual state budget (on page 209) shows $37.4 million state dollars being transferred to the Exchange as state restricted funds and spent in clear violation of the explicit legislative instructions in the current state budget. An active state budget is the supreme law of the land in Kentucky next to the Constitution.

I have made a request of Deputy Budget Director John Hicks for an explanation of this illegal action by the Beshear Administration.

Abortion zealots attacking Nicholasville Hobby Lobby store TODAY at 4pm

In an attempt to gin up pro-abortion activists for mid-term elections, Democrats are trying to make an example out of Hobby Lobby with protests around the country at the Christian-owned stores.

Local media sources report the same thing will happen today at 4pm at the Brannon Crossing Hobby Lobby store in Nicholasville.

Left-wing activists are upset because the U.S. Supreme Court ruled on Monday that Obama couldn't force Hobby Lobby to pay for abortifacients for the company's employees.

See you there?

Steve Beshear admits it

Kentucky Governor Steve Beshear did not veto budget language earlier this spring defunding ObamaCare in the Bluegrass State because, he said, federal funds would be available to fund it throughout the two year budget cycle.

That was a lie and he just admitted it in writing.

In an executive order filed with Secretary of State Alison Lundergan Grimes late yesterday, Beshear attempted for the third time to administratively create the Kentucky Health Benefit Exchange with the following admission:

"WHEREAS, operation of kynect in Kentucky will be funded entirely with federal funds until January 1, 2015, at which time its operations will be wholly funded from revenues generated by and through the Exchange." (emphasis added)

Generating revenue "by and through the Exchange" would require the creation of a tax and an appropriation, neither of which can the governor do on his own. Beshear's two previous attempts to create the exchange by temporary reorganization executive order, which is what this is, failed in the 2013 and 2014 General Assemblies when the legislature declined to ratify them as required by the relevant statute KRS 12.028. Subsection 5 of the same law forbids the governor from putting its provisions into effect until the next session of the General Assembly. He has now violated this law three times, despite stating on federal grant applications requesting over $200 million in federal funds that the exchange had been legally created.

Two current lawsuits in state court seek to clarify the constitutional issues limiting Beshear's authority in this matter. They are 13-SC-652 and 13-SC-667.