Another embarrassing Beshear gambit

Kentucky Governor Steve Beshear must be a terrible poker player.
 

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

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

Nice try, Governor.
 

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

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

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

Say "NO" to corporate welfare in Kentucky

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

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

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

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

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

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

Kentucky's illegal ObamaCare scheme takes huge hit

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

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

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

Insurance official confirms ObamaCare to crush Kentucky

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

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

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

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

Responding to an angry ObamaCare fan

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

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

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

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

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

Beshear, Stumbo: what they knew and when

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

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

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

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

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

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

Alison Lundergan Grimes witnessed key ObamaCare crime

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

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

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

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

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

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

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

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

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

Will media fail to cover Beshear's Waterloo?

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

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

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

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

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

Tea Party crushes ObamaCare in Kentucky, step one

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

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

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

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

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

Stumbo out, Stivers in on Medicaid expansion lawsuit

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

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

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

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

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

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

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

Will Obama come to church in Kentucky?

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

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

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

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

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

Response to Beshear's Motion to Dismiss (Medicaid lawsuit)

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION 1

CASE NO 13-CI-000605

DAVID ADAMS                                                                                   PLAINTIFF

v.

COMMONWEALTH OF KENTUCKY, et al.                                       DEFENDANTS

PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS

Comes now the Plaintiff, David Adams, in opposition to Defendants’ Motion to Dismiss.

BACKGROUND

            In 1966 the Kentucky General Assembly passed HB 115 and the Governor signed it into law. The resulting statute from this action currently grants absolute authority to the Secretary for the Cabinet for Health and Family Services to obligate the Commonwealth to fulfill “any obligation that may be imposed … by federal law” to obtain federal funds. The statute, KRS 205.520(3), clearly violates the plain language of the Constitution of the Commonwealth of Kentucky Section 2, which reads in its entirety “Absolute and arbitrary power over the lives, liberty and prosperity of freemen exists nowhere in a republic, even in the largest majority.”

Defendants misconstrue much of the rationale for this current action by suggesting it “arises out of the Governor’s announcement that he intends to expand Kentucky’s Medicaid program.” The Governor’s May 9, 2013 press conference announcing his Administration’s unilateral action to apply for Medicaid expansion and thereby obligate taxpayers of the Commonwealth to “any requirement that may be imposed” with no regard for the practically limitless liability such action invites serves as a shocking exhibition of the unconstitutional statute in question, but does not by itself bring about this action. Nor, as Defendants suggest, does an official application to the federal government for an expansion of Medicaid trigger the concept of ripeness to grant this court jurisdiction in this action. The presence of an unconstitutional law triggers this action. Lending support to the urgency and legitimacy of this action is Defendant’s blatantly false claim in their motion that “even if the Commonwealth elects to expand Medicaid pursuant to the ACA, it may later elect to withdraw from such election, even before a potential reduction of its federal share to a level below 100%.”

This absurd falsehood by Defendants helps describe the utter lawlessness and lack of regard for individual rights which only enhance the need for this action.

In the alternative, there is no statute of limitations on the right of an individual to challenge an unconstitutional law. Indeed, nothing limits as to timing the rights of Kentucky citizens to challenge unconstitutional laws.

ARGUMENT

            Contrary to Defendants’ contention that Plaintiff’s constitutional challenge is not ripe because an action Plaintiff seeks to prevent has not yet occurred misses the entire point that KRS 205.520(3), which Defendants cite in their motion as their only authorization for that action, is already null and void.

Further, while it is unclear whether the United States Department of Health and Human Services would recognize a flawed application for Medicaid expansion due to insufficiency within state law as reason to reject the application, that is a chance Plaintiff should not have to take as a consequence of not previously challenging the constitutionality of KRS 205.520(3).

In the alternative, the case law cited by Defendants in their Motion to Dismiss fails to apply to this case by describing circumstances in which means of administrative redress had not yet been exhausted, thereby rendering those actions premature, no such administrative review exists in this case, specifically related to the unconstitutional construction of KRS 205.520(3). As such, Defendant’s Motion to Dismiss on the grounds this action is not yet ripe must be rejected.

            Defendants’ claims that this action presents an attempt to “elicit the Court’s opinion on the constitutionality of prospective executive actions” and should therefore be dismissed fails to persuade, again, because, the statute KRS 205.520(3) itself triggers this action and not some future executive branch activity.

Defendants’ citation regarding prohibition of advisory opinions does not apply to this case because, again, the existence of unchecked “absolute” power as created by KRS 205.520(3) fits perfectly within the jurisdictional boundaries of Section 112(5) of the Kentucky Constitution because this case is justiciable and not within the purview of some other court. This case is not hypothetical in the least, particular damage to Plaintiff as an individual and to citizens of the Commonwealth generally is not only self-evident as a function of the existence of unchecked power, but it can only be effectively addressed here.

Defendants also allege failure to demonstrate standing under KRS 418.040. On this, Defendants also fail on the basis of plain language contradicting their claims. KRS 418.040 states “In any action in a court of record of this Commonwealth having general jurisdiction wherein it is made to appear that an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief; and the court may make a binding declaration of rights whether or not consequential relief is or could be asked.”

In this, another citation provided by Defendants proves the alternative of their assertion. Quoting Veith v. City of Louisville, Defendants write “a court does not have jurisdiction to decide a question unless there is a real and justiciable controversy involving specific rights of particular parties.” Veith v. City of Louisville, 355 S.W. 2d 295, 297 (Ky. 1962). Existence of a “real and justiciable controversy” is debatable only if one adopts Defendants’ claim that this case is only about a hypothetical future event, which it clearly is not. Prior acts of the Kentucky Health Benefits Exchange reflect already that resources have been expended under the assumption Medicaid will be expanded under KRS 205.520(3). This presupposes administrative action by the Governor he now, through counsel, denies. Further, the very existence of KRS 205.520(3) independent of the Medicaid expansion has and continues to put at great risk the lives, liberty and property of Kentucky citizens in general and the Plaintiff in particular. As such, Defendants’ claim this action represents a mere advisory opinion and that it lacks particularized injury fails.

 Further, Defendants seek dismissal with prejudice of this action. They have in no way made the case for such final action on this matter, even if the case as presently written fails on some jurisdictional or technical grounds, which it does not. The attempt at such denial of rights as well as loss of personal funds already expended by Plaintiff in this matter suggests strongly not only particularization of this case, but the very controversial nature thereof also. For these reasons, Plaintiff asks the Court to reject Defendants’ Motion to Dismiss.

Defendants also claim service of Complaint was not provided upon Governor Beshear, Secretary Haynes and Attorney General Jack Conway. The court’s record of this case will reflect otherwise.

CONCLUSION

Defendants propose four justifications for their Motion to Dismiss Plaintiff’s Complaint. Defendants seek first and most substantially to dismiss this action on grounds of lack of ripeness. Rather than properly address the chronology provided in the Complaint, however, Defendants seek to turn this constitutional issue of real controversy and judiciability with clear general and particularized harm evident for citizens and taxpayers of the Commonwealth into a cat-and-mouse game in which citizens must wait for Governor Beshear to sign away more of our rights to our own “lives, liberty and property” without question. In short, Defendants wish to use this Court to stifle dissent long enough for them to make an end run around the Constitution in order to exercise powers denied them by the Kentucky Constitution. Plaintiffs request the Court reject Defendants’ Motion to Dismiss and also issue a temporary injunction under CR 65.04 against Defendants’ moving in any way to enact the Medicaid expansion at issue in this case.

An email from Mary Lyons, Lexington

Printed with permission:

Just called Gov. "Chicken Biscuits" office and spoke with Katie Mueller re: the court hearing on Monday and told her I was the lady that called yesterday in re: to the Obummercare Medicaid Exchange and saw that he had a court hearing for Monday at 9:00 A.M. at the court house and she "wasn't aware of a court hearing." 

I told I just called to make sure that he was going to be at this hearing because as a Kentuckian I want to hear what he had to say about this and how it is going to affect many Kentucky taxpayers. She said she didn't know about his schedule and that he has legal counsel that would take care of it, but I pressed her and said that he needs to be there because he is the one being sued and Kentucky needs to know what he is up to. 

She said that it was his decision that they were going to accept this exchange regardless. I said, without the vote of the Legislature? She got real good and agitated and said she wasn't going to argue with me about it. I asked to speak to his secretary after she said she didn't have his schedule for Monday, so I could confirm that he was going to be there and she would not transfer me to "Chicken Biscuits" secretary. 

I said, as a Kentuckian taxpayer I have a right to know if the Gov. is indeed going to show up for a court hearing that is as important as this that will affect Kentucky for years. She repeated that the Exchange will be accepted and there is nothing we can do about. God only knows if Governor Chicken Biscuit will show. 

What a freaking coward! I am so glad you sued him. I hope to be there on Monday, if I don't have jury duty. I was chosen for jury duty for the month of June in Fayette County. I love jury duty, I consider them Divine Appointments. I pray that you will have a good day. Stand strong, don't get discouraged or anxious, trust God and obey and He will give the victory. Just keep in mind: GOD HAS EVERYTHING UNDER CONTROL, when we don't think He does. This is the one thing that brings me great joy every day I get up. GOD IS AN ON TIME GOD.

Small town lawyer blisters Kentucky Governor Steve Beshear

Plaintiffs in the Tea Party lawsuit to stop Kentucky Gov. Steve Beshear from setting up a state-run ObamaCare "exchange" without legislative approval have filed a motion for summary judgment, which would shut down the exchange.

Attorney Michael Dean, of Irvine, argued for the plaintiffs:

"It is clear that Governor Beshear may not, without legislative action, authority or appropriation, take it upon himself to reorganize state government, create government boards, offices and make appointments to them, promulgate administrative regulations, create budgets, incur debts, enter contracts, impose taxes or fees, accept federal funds and decide how they are to be spent, and commit state dollars to his enormous new bureaucratic undertaking."

"There being no genuine issues of material fact in dispute, as a matter of law the Executive Order and all action taking in furtherance therof and the administrative regulations promulgated thereunder are unconstitutional, and the court should so declare, and should enter a permanent injunction, barring implementation of the Executive Order, voiding all contracts, employment positions, and commitments, and freeze further payments and expenditure of funds by or for the purpose or benefit of the Exchange."

Mr. Dean had Governor Beshear's legal team chasing their tails and barking at the moon. It was more fun than watching Judge Judy catch some poor non-gubernatorial sap in a lie.

The summary judgment motion is scheduled to be heard in Judge Shepherd's courtroom at 9am on Monday June 24, 2013 at 669 Chamberlain Avenue in Frankfort. Everyone is invited to attend.

Freedom going viral in Kentucky

Kentucky Governor Steve Beshear's attempt to ram ObamaCare down the throats of an electorate who rejected Barack Obama resoundingly twice is, unsurprisingly, not going well.

Internal chaos at the Kentucky Health Benefit Exchange, the Department of Insurance, the Cabinet for Health and Family Services, and the Kentucky Democratic Party is masked only superficially by bureaucratic purring about how great ObamaCare is going to be and a remarkably incurious media who wrote hundreds of articles about incompetence in the last (Republican) gubernatorial Administration.

Two lawsuits have been filed to stop the twin state ObamaCare options -- a state run health insurance bureaucracy inauspiciously wrapped up in a web site created to make health insurance buying easier but instead ushering in an era of confusion and complexity not seen since the Byzantine Empire and an expansion of the disastrous Medicaid.

The first case, against the Beshear administration's blatantly illegal establishment of the exchange, nears a quiet end just as Beshear channels Star Wars' Grand Moff Tarkin: "Evacute? In our moment of triumph? I think you overestimate their chances" seconds before the Death Star explodes.

His case in the second lawsuit is even worse. Governor Beshear's motion to dismiss is scheduled for hearing in Judge Phillip Shepherd's courtroom on Monday June 17 at 9:00 am ET at the Franklin County Courthouse, 669 Chamberlain Avenue in Frankfort. His case dangles precariously on the bizarre -- and already once failed -- assertion that citizens can't question his illegal and unconstitutional acts and the idea that suit can't be brought to stop him from signing the state up for a Medicaid death spiral until he actually does it.

Tea Party activist David Adams, as plaintiff in the Medicaid case, will be arguing the case before the judge next Monday.

"If Gov. Beshear is smart he won't show up," Adams said. "But I'm going to spend the next few days talking up the need for him to defend this mess in person and not hide behind legal shenanigans in the shadows with his lawyers and flacks."

Affordable Legal Care Act, anyone?

A good attorney can be worth far more than his or her weight in gold and I know lots of good attorneys.

But I also know the limitations of a government run cartel and the legal profession is one. If you really need an attorney with legal expertise, go find one with the best available training and experience and pay him or her well. But that occasional need shouldn't necessitate clinging to a regulatory model we know does not serve willing providers and willing consumers very efficiently.

As such, I suggest changing Kentucky law to decriminalize the practice of law without government permission. Would just involve striking one line of statute:

KY Obamacrats seek bids for health exchange "navigators"

Kentucky's ObamaCare coordinators announced today they have issued a request for proposals for people to "help" health insurance consumers wade through the application process to sign up for government controlled health coverage.

The fact that we are wasting millions of dollars to send people around the state to explain a web site costing billions to implement a federal plan spending trillions doesn't inspire confidence on any level.

Not to mention the fact the whole state program was created illegally.

Protecting Kentucky's oath of office

A court hearing July 15 in Frankfort will challenge long-held tradition shielding legislative leaders from lawsuits when they ignore their oath of office.

"To the extent Kentuckians are aware of the oath of office at all, most of us just know the anachronistic prohibition on fighting duels but it also requires protection of the Constitution," said David Adams, plaintiff in two lawsuits challenging the legality of ObamaCare implementation in the Commonwealth.

"Legislative rules have been changed to tolerate lawlessness among legislative leaders and reward violations of the Constitution," Adams said. "We have an opportunity to bring this out in the open and fix it for the benefit of all Kentuckians, so that's the plan."

The hearing will take place during Judge Phillip Shepherd's July 15 motion hour starting at 9am ET at the Franklin County Courthouse, 669 Chamberlain Avenue in Frankfort.

Kentucky Governor gives up, hopes judge won't notice

Many Bluegrass State voters have had reason to wonder if Steve Beshear thinks we are all stupid. With a new court filing just released, members of the Commonwealth's judicial branch can now understand the feeling.

Asked repeatedly which sections of the Kentucky Constitution grant him authority to unilaterally reorganize state government to create an optional health benefit "exchange" under ObamaCare, Beshear has finally answered.

It is shockingly bad.

Beshear claimed the "Executive Order which is the subject of the Complaint is a valid exercise of state executive authority under Sections 69 and 81 of the Kentucky Constitution."

But, of course, it isn't.

Section 69 of the Constitution reads in its entirety: "The supreme executive power of the Commonwealth shall be vested in a Chief Magistrate, who shall be styled the "Governor of the Commonwealth of Kentucky.""

No, I'm not kidding.

Section 81 is no more helpful to the Governor's flagging case. It reads in its entirety: "Governor to enforce laws. He shall take care that the laws be faithfully executed."

Again, not kidding.

This is so bad it's almost not funny. Please, Governor, shut down this nonsense now.

Push coming to shove on Kentucky's welfare state mentality

Less than a week remains for Frankfort's three leading politicians to respond to the tea party lawsuit seeking to stop Kentucky's Medicaid expansion and the defendants have so far exercised their right to remain silent.

Governor Steve Beshear and House Speaker Greg Stumbo, as Obama Democrats, can't be expected to hold the rule of law in very high regard. As such, they may even be planning to run another goofy "citizens can't complain" legal gambit up the flagpole. Who knows?

Senate President Robert Stivers may have the more complicated situation. He says he opposes ObamaCare and, indeed, he voted earlier this year to force Gov. Beshear to gain legislative approval before expanding Medicaid, but only under ObamaCare.

This is possibly quite a substantial "but." KRS 205.520(3), which the Senate sought to amend with SB 39 in the 2013 General Assembly, is entirely unconstitutional. The statute grants limitless powers to the Cabinet Secretary of Health and Family Services to apply for federal dollars for "medical assistance." SB 39 would have left that power in place except for as it relates to the very unpopular ObamaCare law. But it violates Section 2 of Kentucky's Constitution in every case, not just this one.

So does Sen. Stivers want to keep this executive power intact so he or someone in his political party may continue to use it? We don't know yet. Frankfort Republicans have been known to get somewhat weak-kneed at the hint of federal dollars, but this case should give Sen. Stivers a chance to firm up his party's reputation on that front.

Sure hope he takes us up on it.

Beshear shows signs of Battered Democrat Syndrome

Kentucky Governor Steve Beshear has sent a letter to the Obama Administration begging them not to kill off the coal industry once and for all.

Click here to read the letter.

Too little, too late doesn't even begin to cover the psychosis evident in such an effort by the head of the Kentucky Democratic Party. Indeed, what the hell is he thinking?

Beshear campaigned vigorously for Obama's re-election and has flouted state law and the Constitution of the Commonwealth of Kentucky to cram Obama's fanatical agenda down our throats and now he wants to seriously make people believe that he is standing up to prevent his promised death blow to Kentucky coal.

Now is the time to melt the phone lines in Frankfort and Washington D.C. Call your representatives, call the Governor, call your federal representatives. The political class sleeps while Obama and the global warming hysterics turn the lights out in Kentucky and push us back into the 18th Century.

This is how the two party political system conspires to destroy America. Pick just about any issue. You will find one party slashing and burning producers and consumers and the other party giving lip service while collecting "protection" money. The net effect is both vultures pick the carcass clean and then move on to another piece of meat.

Frankfort stepping up ObamaCare propaganda efforts Monday

The Kentucky Health Benefit Exchange (KHBE) plans to introduce misleading insurance rate information Monday damaging the quality of public discourse about health reform and attempting to prejudice citizens' legal efforts to stop Frankfort's illegal takeover of healthcare in the Commonwealth.

The KHBE attempts to irresponsibly and misleadingly conflate 2013 small group health premiums with 2014 individual market premiums inside the exchange to falsely suggest that Affordable Care Act coverage mandates do not increase premiums substantially.

"These people would sell their own mothers down the river to distract attention from the scandals in Washington D.C. and the many embarrassing failures in ObamaCare," said David Adams, Tea Party activist. "This bad behavior can only persist if the people aren't relentless in calling bureaucrats out when their lies are so transparent. That's what the Tea Party is for."

"Corporatist shills in both political parties have remained silent about how ObamaCare exchanges raise costs on consumers by further cutting provider payments, limiting provider networks and drug formularies and forcing people to buy coverages they don't want and can't use," Adams said. "Kentuckians deserve much better."

Shocking greed at KY Health Benefits Exchange

Paying an average salary of over $120,000 a year for state workers to run a health insurance web site supposedly created to save consumers money isn't sitting too well with some Kentuckians.

That's total annual compensation of over 15 million dollars for 119 employees and contractors of the Kentucky Health Benefit Exchange, created in Frankfort to implement much of the federal health reform law known as ObamaCare.

  

"It's a spending orgy, but all the average Kentuckian is getting is the privilege of purchasing the little blue pills," Tea Party activist David Adams said.

Adams filed a lawsuit against Gov. Steve Beshear in April to stop work on the exchange in Frankfort, which he says was created in violation of state law KRS 12.028 because the legislature did not approve its formation. This month, he sued Gov. Beshear, Senate President Robert Stivers and House Speaker Greg Stumbo for allowing Cabinet for Health and Family Services Secretary Audrey Tayse Haynes to expand Medicaid in accordance with a voluntary ObamaCare provision but in violation of the Constitution of the Commonwealth of Kentucky.

"Mad as hell radio" takes to the airwaves!

Today I will guest host for Matt Walsh on 630 AM WLAP radio in Lexington KY from 3pm ET to 6pm ET starting immediately after Rush Limbaugh.

You can listen online by clicking here. Please also call in with comments and questions to 859-280-2287.

Republicans who won't fight to win and the Democrats who love fighting them

A question I'm asked frequently these days is why Republican officials in Kentucky aren't publicly coming out in support of our legal efforts to shut down ObamaCare here. My best answer so far, really, has been that I'm not the one to ask about that.

I'm not giving that answer anymore.

The truth is our Republican establishment would rather lose on political gamesmanship than win on issues.

Unfortunately, certain Republican leaders like to talk a good game about fighting "tooth and nail" against Democrats but never seem willing to actually do enough to beat them in a substantial or lasting way, if at all.

TARP bailouts. Education "reform." Every debt ceiling "battle" in recent memory. "Sequester" spending increases. "Fiscal cliff" tax increases. Making Obama a "one term president."

We might as well go ahead and add ObamaCare to that list if we are going to do little more than make floor speeches against it and cast symbolic votes for repeal.

If stopping ObamaCare is really a top priority -- and it should be -- nothing should be off the table in terms of defeating it. If cutting off funding means shutting down the government until Democrats relent, any time in the last two years would have worked better than sitting back and hoping to use it as a campaign issue in the 2012 elections. Instead, we continue even now to fund the train wreck.

Worse, Sen. Mitch McConnell seems content to try this approach again in 2014 despite last year's failure. He could possibly have enough money for that to work for him in his election, but playing politics with our health care system now does little to nothing for more than a few individual insiders, Republicans as a group or the nation as a whole.

Candidates who advocate for real free market reforms in health care in 2014 must not only run through establishment Democrats who pretend to want to dismantle crony capitalism, but they will first have to contend with establishment Republican types playing exactly the same game.

Carrying on with this battle along the only path to success is a winner politically for the tea party made possible -- once again -- by absurd intransigence among the ranks of those following the political counsel of the senior Senator from Kentucky.

Open letter to President Barack Obama

President Barack Obama
The White House
1600 Pennsylvania Avenue
Washington D.C. 20500


Dear Mr. President,

We need your help with a unique problem in Kentucky.

As you probably know, the Bluegrass State is the only state in the nation to vote against you twice and then take steps to implement both a state-run exchange and the optional Medicaid expansion.

While that may not present much of a political problem per se, it could add to a logistical nightmare of the Affordable Care Act rollout because Kentucky literally is in no position to participate and there is no likelihood of that changing soon enough.

To be specific, under Kentucky law we can not participate in either the state-run exchange or the optional Medicaid expansion. I know you have been advised otherwise by Governor Steve Beshear, but he hasn't told you everything you need to know.

On July 17, 2012, Governor Beshear filed Executive Order 2012-587 purporting to create a "Kentucky Health Benefit Exchange," citing "the Constitution of the Commonwealth of Kentucky and KRS 12.028" as his authority for unilaterally taking this action.

Put some staffers on the task of verifying this supposed claim of authority by Governor Beshear. It will not take long to recognize the truth that it can't be done. It simply is not a valid exercise of executive power under Kentucky law. Further, a lawsuit already underway in state court will likely quite soon force Governor Beshear to request of your Administration the rushed creation of a federally run exchange.

A possible alternative, of course, is an extraordinary session of the Kentucky General Assembly to provide the Governor necessary authority to implement a state-run exchange, but current political realities should inform us that such would not be productive.

For these reasons, the people of Kentucky need your Administration to advise Governor Beshear to cease his illegal activity related to creation of the Kentucky Health Benefit Exchange.

Also, please be advised that another lawsuit to forestall acceptance of the Medicaid expansion has also reached state court. The case against this action is somewhat less obvious, but no less clear. KRS 205.520(3) confers unlimited powers upon the state secretary for health and family services to seek federal funds relating to "medical assistance." However, Section 2 of Kentucky's Constitution forbids exercise of absolute power in the state. The only legitimate way Governor Beshear can obligate Kentuckians to the costs associated with this activity is with legislative cooperation. Again, such is not at all likely to be forthcoming.

Any assistance you can give us in regard to advising Health and Human Services officials of Kentucky's inability to comply with these optional portions of the Affordable Care Act would be beneficial for all parties  involved and is greatly appreciated.


Sincerely,


David Adams
121 Nave Place
Nicholasville, KY 40356

Who is in charge around here, anyway?

Tea Party victory heard round the world

Franklin Circuit Judge Phillip Shepherd issued the following ruling today:

 We can only hope this will be the last time a state official claims he or she can't be sued by citizens for breaking the law and ignoring the Constitution he or she swore to uphold.

Storm the gates on Thursday, May 23

Governor Steve Beshear is continuing to violate state law by not ceasing operation of his illegal Kentucky Health Benefit Exchange despite its clear violation of KRS 12.028.

Please make plans to attend the next meeting of the Kentucky Health Benefit Exchange tomorrow, Thursday May 23, 2013 at 1:30 pm. The meeting will be held in the Exchange's palatial headquarters at 12 Mill Creek Park in Frankfort.

This one may be somewhat more interesting than the usual government meeting.

Medicaid expansion not what it appears to be

A new Pew Research survey suggesting a deep south split between Republican politicians opposing the ObamaCare Medicaid expansion and citizens who want it serves as a perfect example of the misinformation campaign to promote federal takeover of healthcare.

Results show some 62% of respondents in a handful of states who rejected the expansion think it would be a good idea to expand Medicaid just as Obama and some Democrats want.

But they gloss over a key point we should not miss.

The question is stated as follows: "I’m going to read you some elements of the health reform law. As I read each one, please tell me whether you feel favorable or unfavorable: the law will expand the existing Medicaid program to cover more low income uninsured adults."

This is misleading because many if not most of those caught up in the expansion will not be from the ranks of the uninsured. In fact, the law prohibits people in the health exchanges who qualify for Medicaid from purchasing private health insurance.

If more people understood that, those numbers wouldn't be nearly so high.

Herald Leader edits in error to ObamaCare story

Lexington Herald Leader reporter Jack Brammer attended yesterday's first hearing in the Adams v. Beshear case challenging the legality of the ObamaCare state-run health insurance exchange in Kentucky. He filed his report around midday, accurately and fairly depicting the morning's events as I read it.

Then it was brought to my attention in this morning's paper that his story contained a key factual error that, if believed, could damage our case to hold Gov. Beshear accountable, shut down the ObamaCare exchange and prevent future governors from attempting to abuse the lawmaking process.

The offending sentence reads as follows: "The exchange will be financed entirely with federal dollars until Jan. 1, 2015, after which Beshear has saiid iit will be wholly financed with revenue it generates."

This is not true.

The federal Affordable Care Act explicitly says each state with a state-run exchange must create and run a "Navigator" program as part of the exchange. It further explicitly says such programs can not be funded by federal money. To enact the required Navigator program during the open enrollment period starting October 1, 2013, state funds must be used.

The false statement is one Gov. Beshear keeps repeating, though not enough to make it true. As of 4pm Tuesday, the Herald Leader has failed to correct their error. That is a shame:

Text of Medicaid 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,
OFFICE OF SPEAKER OF THE HOUSE, Gregory Stumbo,
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

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

Serve: House Speaker Greg Stumbo
Office of the Speaker of the House
702 Capitol Ave
Annex Room 303
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, Senate President Robert Stivers, in his official capacity as Senate President, House Speaker Greg Stumbo, in his official capacity as House Speaker 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 acceptance of the optional Medicaid expansion as part of the federal Patient Protection and Affordable Care Act, hereinafter PPACA. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear and the General Assembly from acting to accept the Medicaid expansion as part of compliance with optional provisions of PPACA or under any circumstances without prior and proper legislative approval.

2. Time is of the essence in resolving this issue because the current Medicaid expansion is scheduled to take effect January 1, 2014 with enrollment starting October 1, 2013. 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 David Adams.

4. As a result of the actions of Governor Beshear and the General Assembly, David Adams respectfully seeks an injunction against Governor Beshear’s acceptance of the PPACA Medicaid expansion or any other expansion of Medicaid eligibility until such time as he receives proper legislative approval as required by Kentucky law and the Kentucky Constitution.

5. To the extent that KRS 205.520(3) provides absolute authority to Secretary Haynes “to take advantage of all federal funds that may be available for medical assistance” it represents an unconstitutional usurpation of citizens’ rightful protections against absolute power found in Section 2 of the Constitution of the Commonwealth of Kentucky.

6. Attorney General Jack Conway is being served with a copy of this Complaint pursuant to KRS.418.075 in as much as the constitutionality of KRS. 205.520(3) is brought into question.

II. THE PARTIES

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

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

9. Senate President Robert Stivers is sued in his official capacity as Senate President of the Commonwealth of Kentucky.

10. House Speaker Greg Stumbo is sued in his official capacity as Speaker of the House of Representatives of the Commonwealth of Kentucky.

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

III. JURISDICTION

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

IV. FACTUAL ALLEGATIONS AND BACKGROUND

A. Patient Protection and Affordable Care Act

13. On May 9, 2013 Governor Beshear announced his intention to accept the optional Medicaid expansion as part of PPACA. KRS 205.520(3) reads as follows: “Further, it is the policy of the Commonwealth to take advantage of all federal funds that may be available for medical assistance. To qualify for federal funds the secretary for health and family services may by regulation comply with any
requirement that may be imposed or opportunity that may be presented by federal law. Nothing in KRS 205.510 to 205.630 is intended to limit the secretary's power in this respect.”

14. KRS 205.520(3) was enacted in 1966 as House Bill 115. It has been amended repeatedly by subsequent actions of the legislature, but never eliminated or changed in such a way as to protect Kentucky citizens as guaranteed by the Kentucky Constitution.

15. This statute is unconstitutional in that it grants unchecked and absolute powers to the Secretary of the Health and Family Services Cabinet in violation of Section 2 of the Constitution of the Commonwealth of Kentucky which reads: “Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.”

V. CLAIMS FOR RELIEF

16. 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 Governor Beshear’s attempt to implement optional provisions of PPACA without receiving proper legislative approval and David Adams’ rights as a citizen to protection from “absolute and arbitrary” government power guaranteed by Section 2 of the Kentucky Constitution. Further, David Adams seeks a declaration that KRS 205.520(3) represents an unconstitutional usurpation of citizen rights by the executive and legislative branches of the government of the Commonwealth of Kentucky.

17. David Adams seeks injunctive relief pursuant to rights protected by Section 2 of the Kentucky Constitution. David Adams seeks a judicial determination that Governor Beshear does not possess the authority to unilaterally accept the optional Medicaid expansion under PPACA or under any circumstances without proper legislative approval and that the expansion of Medicaid eligibility under PPACA is therefore null and void in the Commonwealth.

VI. PRAYER FOR RELIEF

WHEREFORE, David Adams prays for relief as follows:
1. David Adams requests the court enter a judgment declaring the legislature erred in granting the executive branch authority to accept optional federal mandates without limit, erred in not rescinding this authority granted in violation of Section 2 of the Constitution of the Commonwealth of Kentucky and that Governor Beshear did not and does not have the authority to accept optional federal mandates without legitimate legislative approval and that since no proper authority existed or exists for expansion of Medicaid related to PPACA or under any circumstances and that Governor Beshear may not elect to expand Medicaid or otherwise seek or accept federal funds without specific and legitimate legislative authority, including the Medicaid expansion relating to PPACA.



Respectfully submitted,


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




CERTIFICATE OF SERVICE


This certifies the forgoing was served this ____ day of  __________, 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: House Speaker Greg Stumbo
Office of the Speaker of the House
702 Capitol Ave
Annex Room 303
Frankfort KY 40601

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

Attorney General Jack Conway
Office of the Attorney General
700 Capitol Avenue Ste. 118
Frankfort KY 40601



_________________________________

David Adams