Common Core case continues

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION I

CIVIL ACTION NO. 13-CI-1316

 

 

DAVID ADAMS                                                                                           PLAINTIFF

 

 

V.                                            REPLY TO DEFENDANTS’ RESPONSE

                                                TO PLAINTIFF’S MOTION TO RECONSIDER

 

COMMONWEALTH OF KENTUCKY,

STEVEN L. BESHEAR, GOVERNOR, et al.                                          DEFENDANTS

 

 

            Defendants Beshear, Marcum, King and Webb devote an inordinate amount of space in their latest brief to seeking dismissal of Plaintiff’s Motion to Reconsider on technical grounds. Defendants rely on an incomplete reading and understanding of the rules of service. CR 5.03 states clearly of proof of service: “Proof may be by certificate of a member of the bar of the court or by affidavit of the person who served the papers, or by any other proof satisfactory to the court. (emphasis added)

            Plaintiff broadcast the Motion to Reconsider in its entirety on the internet on sites monitored by agents and attorneys of Defendants before and after serving it upon the Clerk. The Court’s Order entered January 29, 2014 in response to the Motion to Reconsider is evidence enough that Defendants were made aware of the Motion, otherwise the Court would be in violation of the CR 5.03 requirement that such evidence “shall be filed before action is to be taken thereon by the court or the parties.” The Court is well within its rights to determine sufficiency of service and a complete reading of the Rules makes clear that sufficient care was taken to do so.

            The remainder of Defendants’ Response was devoted to continuing to demonstrate their lack of understanding of the facts and legal arguments in this case. Defendants state “mere possibility of harm is insufficient to provide standing,” indicating a failure to grasp that their own violation of the Kentucky Constitution is by itself real harm, victimizing citizens dependent on its protections, of which Plaintiff is one, which is sufficient for standing. Plaintiff alleged violation of the Kentucky Constitution by Defendants and the Court made key legal errors in avoiding examination of that harm, which was addressed at length in Motion to Reconsider. Defendants compounded the errors in their Response by making a demonstrably false statement: “The Court properly determined that the adoption of Common Core State Standards as the Kentucky core Academic Standards, via regulation and pursuant to Senate Bill 1 (2009), did not violate Section 183.” The Court made no such ruling. Instead, the Court ruled mistakenly that Plaintiff could not bring his complaint to the Court to test the constitutionality of state officials’ actions with state taxpayer dollars and authority granted with limitations defined in the Kentucky Constitution by and on behalf of Kentucky taxpayers. The Court stated “Absent an allegation of a constitutional defect in the statute or the administrative regulation, this Court cannot adjudicate differences of opinion over educational policy.” While this statement, if applied to Rose v. Council for Better Education, Inc., 790 S.W.2d 186 (Ky. 1989), may have forbidden that landmark case from advancing, it also is not the same as conferring constitutional imprimatur upon Defendants’ actions. Setting aside complaints not made by Plaintiff and resolving the question of official violations of Section 183 that occurred and their real, negative impact on Plaintiff as alleged in the Complaint deserve far more serious consideration than have been given in this setting. Plaintiff respectfully requests the Court to reconsider its January 14, 2014 Order in this matter.

 

                                                                                               

                                                                                                Respectfully submitted,

 

                                                                                                __________________

                                                                                                David Adams

                                                                                                121 Nave Place

                                                                                                Nicholasville KY  40356

                                                                                                Plaintiff

 

CERTIFICATE OF SERVICE

 

This certifies the forgoing was served this 10^th day of February, 2014 via U.S. Mail upon:

 

David Wickersham

Assistant General Counsel

Kentucky Department of Education

Capitol Plaza Tower

500 Mero Street

First Floor

Frankfort KY 40601

 

 

Travis Powell

General Counsel

Council on Postsecondary Education

1024 Capitol Center Drive, Suite 320

Frankfort KY 40601

 

 

Alicia Sneed

General Counsel

Education Professional Standards Board

100 Airport Road, Third Floor

Frankfort KY 40601

 

 

 

                                                                                                            __________________

                                                                                                            David Adams

Fall of the House of Beshear

Left-wing talking point manufacturer ProPublica picked out four states who have made particular messes of their ObamaCare exchanges and wrote an article about them. The only fact that matters in an otherwise non-groundbreaking article is that Kentucky is not included in their story.

The many ongoing technical failures in Kentucky's "health exchange," though steadfastly ignored by Kentucky media, easily would qualify ours a state worthy of mention in a short list of failures. The main reason it is not is that Kentucky Gov. Steve Beshear -- to his credit, from a marketing perspective -- declared victory early, often and very loudly regardless of the chaotic events surrounding ObamaCare implementation in Kentucky.

But that's neither the main point nor the end of the story.

The story actually ended on the day it began. That was July 17, 2012 when Beshear created Kentucky Health Benefit Exchange by executive order pursuant to KRS 12.028. This statute clearly requires the Governor to gain subsequent legislative approval for such a government re-organization as this. This he has utterly failed to do and the matter is currently before the Kentucky Supreme Court. Worse, when his first executive order expired last year without legislative approval, he illegally reissued it.

The 2014 Kentucky General Assembly has taken none of the necessary steps to ratify Beshear's illegal executive action, nor are they at all likely to. Even the state's biggest ObamaCare cheerleaders in the legislature have had two years to file a bill for ratification, but not one of them has acted. What the heck are they waiting for?

Matthew Chapter 7 in the Bible warns of what happens to a house built on a foundation of sand. It describes rain, floods and wind knocking down the house and says "great was the fall of it." The Kentucky General Assembly ends on April 15 and when it does without giving authority or funding for Beshear's little funhouse of big government dreams, the stories of epic failure will write themselves with or without the media sycophants who have kept Beshear's parade going far too long.

Kentucky ObamaCare gets even sillier

Governor Steve Beshear has no place to run to on ObamaCare. Legislators can't give him long overdue approval or the money to throw us into the underfunded monstrosity. His scheme has only gotten this far because one Frankfort judge fell for the spin late last year.

The game has nearly run its course. Proof of that is a very silly "news" article out today by Ronnie Ellis of CNHI News. In it, Ellis attempts to refute "Republican" claims that ObamaCare would cost 280,000 Kentuckians the health insurance they had. You can click here and read the article. In it, Kentucky Department of Insurance spokeswoman Ronda Sloan suggests the 280,000 figure is not only inaccurate, but impossible.

Funny thing about that.

If you click here on the November 2 article that unveiled the 280,000 victim figure, you find that none other than Ronda Sloan was originally the source for that number.

These people have fooled too many for too long and it can't end soon enough. Please support the effort to shut down the propaganda, defeat the unconstitutional power grab and start the serious work of restoring market capitalism to healthcare in Kentucky. Click here and donate what you can.

Kentucky's questionable ObamaCare stats worsen

Kentucky Gov. Steve Beshear's latest ObamaCare sign-up claims suggest there have been no policy cancellations at all in the first month of the federal healthcare takeover. Such a claim simply holds no water.

A CNN report Thursday suggested large chunks of ObamaCare pre-enrollments nationwide never paid their January premiums. Kentucky ObamaCare officials said any policies without a January premium payment would be canceled as of three weeks ago, but the Governor's press releases do not reflect any.

As of today, Beshear claims 44,160 Kentuckians are covered by ObamaCare insurance policies. Two weeks ago, that number was 39,771. On December 31, he said 31,672 were "enrolled." And these numbers ignore, of course, the 280,000 Kentuckians forced off their coverage in 2013 by ObamaCare.

The Governor's office has refused to answer multiple requests for information this month about policies canceled for non-payment.

Kentucky's ObamaCare nullification bill

Thanks to Kentucky state Rep. Tim Moore for filing a simple solution to the ObamaCare mess. Today he filed House Bill 306.

The bill adds the following language to Kentucky's Insurance Code:

Notwithstanding any existing state-mandated health insurance benefit, any individual or group in Kentucky may negotiate with any insurance provider in this state or another state the terms of a health benefit plan that meets the individual's or group's needs.

(2)     Any individual or group may join together with others to create a pool in order to pursue advantageous premium rates.

ObamaCare zealots in the House will throw a fit when they see this, but it is sorely needed. The worst part, from their perspective, is the "meets the individual's or group's needs." Please ask your state representative to co-sponsor this bill.

Kentucky Democrats not rescuing Beshear

The 2014 Kentucky General Assembly has only 21 more days to introduce House bills and still don't have one ratifying Gov. Beshear's illegal executive order creating and funding the state-run ObamaCare "exchange." There has been absolute silence in Frankfort about this, as the press corps has been too busy cheerleading Beshear's national ObamaCare tour.

There is no way to pull Beshear's fanny out of this fire. Reporters sitting around hoping for another sex scandal to materialize might as well start looking into Beshear's Waterloo.

Latest Common Core lawsuit motion

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION I

CIVIL ACTION NO. 13-CI-1316

 

 

DAVID ADAMS                                                                                           PLAINTIFF

 

V.                                                        MOTION TO RECONSIDER

 

COMMONWEALTH OF KENTUCKY,

STEVEN L. BESHEAR, GOVERNOR, et al.                                          DEFENDANTS

 

 

 

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

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

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

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

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

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

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

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

                                                                                                           

                                                                                                            Respectfully submitted,

 

                                                                                                            David Adams, Plaintiff

Where's Steve Beshear's birth certificate?

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

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

Beshear and Obama: brothers from different mothers.

Kentucky Constitution Section 230 to the rescue

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

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

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

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

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

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

Beshear's ObamaCare budget "DOA"

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

 

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

 

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

 

Hundreds of millions of dollars are at stake.

 

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

 

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

 

Contact: David Adams 859-537-5372

Pivotal day tomorrow in Kentucky ObamaCare

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

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

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

Thanks,

David
859-537-5372

Federal judge gets crazy for ObamaCare

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

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

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

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

 

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

 

But the best part came later:

 

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

 

Exactly.

 

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

 

You can read the ruling for yourself here.

Tea Party rally on Thursday in Frankfort

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

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

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

We will.

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

Did Steve Beshear commit Medicaid fraud?

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

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

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

Kentucky ObamaCare changes everything

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

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

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

When you need it most

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

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

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

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

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

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

Final hours for this ObamaCare escape

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

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

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

Ask Stumbo/Stivers their ObamaCare intentions

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

 

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

Steve Beshear needs a pony

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

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

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

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

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

ARGUMENT

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

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

CONCLUSION

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

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

 

A Kentucky ObamaCare reprieve drying up

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

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

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

Robert Stivers falling hard for ObamaCare

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

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

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

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

Were 280,000 Kentuckians abducted by aliens?

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

 

Where the hell are they?

 

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

 

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

Good morning, Al Cross!

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

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

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

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

Beshear upstages Obama with new health law lie

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

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

What planet are these people on?

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

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

Jack Conway must not want to be Governor

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

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

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

Public comment period on Medicaid expansion ends today

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

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

 

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

 

Thank you,

 

David Adams

121 Nave Place

Nicholasville KY 40356

859-537-5372

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

Kentucky's ObamaCare constitutional crisis

Anthem knew Obama lied "almost immediately" in 2010

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

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

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

Another ObamaCare showdown in Frankfort

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

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

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

Hope to see you there.

An easy to fix part of broken Frankfort

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

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

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

Anyone?

Only 4,749 lifeboat seats in Kentucky

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

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

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

Angry yet?

Beshear caught in ObamaCare trap

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

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

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

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

Constitutional crisis in Kentucky won't go away

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

 

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

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

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

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

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

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

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

Yeah. That is what we're afraid of.