Tuesday, May 26, 2015

Ah, yes, it was totally a mistake now


I was on time
No, you were late
Federal exchange
No, that's not a state
Ah, yes, I remember it well

The New York Times - the paper of record - re-writes history today with their risible "Four words that imperil health care law were all a mistake, writers now say".  In a nutshell, everybody drafting Obamacare totally, totally meant that subsidies were supposed to be extended to the federal exchanges, no matter what the text of the law says.  In an article that mentions Jonathan Gruber not once, you can get a feel for the desperate spin.

There's two problems with this argument, conveniently disregarded by house hack Robert Pear.  The first is that when the Obama Administration argued King v. Burwell at the Supreme Court, there was no mention of "drafting mistakes":
This may be how congressional staffers and legislators characterize the drafting process now, but that’s not what the federal government and its supporting amici told the Supreme Court. The solicitor general, for instance, proclaimed in its brief that the phrase “established by the State” was a “statutory term of art.” At oral argument, the SG also denied that there were any last-minute revisions (as I discussed here). Throughout, the federal government has insisted that the statute actually authorizes the contested IRS rule.

Why hasn’t the SG embraced the “drafting error” argument? Because that would be a sure way to lose.
Because drafting errors must be corrected by Congress with new legislation.  So we can't call it an error (as we do now) so it must be another state of ambiguity.

The second problem is that after the law passed in 2010, the IRS crafted their rules based on the letter of the law, meaning that subsidies were only available on state-run exchanges.  But when only a handful of states set up their own exchanges, the IRS suddenly discovered they were wrong all along!
In 2012, HHS and the Internal Revenue Service arrogated to themselves the power to rewrite the law and published a regulation simply decreeing that subsidies would be available through the federal exchanges too. The IRS devoted only a single paragraph to its deviation from the statute, even though the "established by a State" language appears nine times in the law's text. The rule claims that an exchange established on behalf of a state is a "federally established state-established exchange," as if HHS is the 51st state.

Careful spadework into ObamaCare's legislative history by Case Western Reserve law professor Jonathan Adler and Michael Cannon of the Cato Institute has demonstrated that this jackalope rule-making was contrary to Congress's intent. For example, the bill appropriated a mere $304 million for HHS to run exchanges. The actual cost turned out to be $3.3 billion as state after state dropped out.
So, basically, the health care law is whatever the Administration wants it to be for whatever argument they're making today.  That's why it's a law.

Saturday, May 23, 2015

Please tell me this video is available

Herald Review: "Woman hits self with bowling ball as cover for robbery."
When a manager arrived at the bowling alley, he granted Weddle permission to view the surveillance video.
"I observed Jamie walk into the office. Jamie walks over to the counter in the office and picks up a red bowling ball with her left hand and a cash drawer with her right hand," the affidavit said. "Jamie proceeds to strike herself twice in the back, left side of her head with the bowling ball."
Gordon then "dropped to the floor," where she remained for 13 minutes, waiting for another employee to discover her.
She had to strike herself because she didn't have any money to spare...to play the slot machines.

Old and busted: Grexit. New: Brexit.

Zero Hedge: "Bank Of England Accidentally E-mails Top-Secret Brexit Plan To Newspaper." "The first rule of “Project Bookend” is that you don’t talk about “Project Bookend.”"

Space to destroy

Hot Air: "Violent crime “unexpectedly” surges in Baltimore."

Thursday, May 21, 2015

Whoops-a-daisy!

Washington Post: "Clinton Foundation reveals up to $26 million in additional payments."
The Clinton Foundation reported Thursday that it has received as much as $26.4 million in previously undisclosed payments from major corporations, universities, foreign sources and other groups.
The disclosure came as the foundation faced questions over whether it fully complied with a 2008 ethics agreement to reveal its donors and whether any of its funding sources present conflicts of interest for Hillary Rodham Clinton as she begins her presidential campaign.
You know, for an operation that shelled out $50 million in travel expenses since 2003, you'd think they could hire a few accountants to keep track of all the illegal contributions.

Wednesday, May 20, 2015

Ruins about to be ruined

NY Times: "ISIS Fighters Seize Control of Syrian City of Palmyra, and Ancient Ruins."  "Control of Palmyra gives the Islamic State command of roads leading from its strongholds in eastern Syria to Damascus and the other major cities of the populated west, as well as new links to western Iraq, the other half of its self-declared caliphate."

Arrests in "Oceans Eleven" heist

Remember those guys who rappelled down an elevator shaft to steal from a bank vault?  BBC: "Hatton Garden raid: Nine men arrested."

Unclear on the concept

Hot Air: "Disgrace: 51% of Democrats, 37% of Republicans support making “hate speech” a crime."

Tuesday, May 19, 2015

Monday, May 18, 2015

You're not going to believe this but Hillary lied about her emails

Hot Air highlights a story from the New York Times about how Clinton flunky Sydney Blumenthal used his position in the Clinton Foundation to influence policy in Libya.  Remember Libya?  "NYT: Banned from State Dep’t, Clinton Foundation crony advised Hillary on Libya anyway — while pursuing business there; Update: Another e-mail lie."

If you read the story, it seems that the Blumenthal emails were obtained by a hacker.  But wait!  Weren't we told by Hillary that relevant policy emails were printed out while irrelevant emails about yoga workouts were wiped clean?  Are the Blumenthal emails part of the Hillary email dump?  Don't bet on it, because Hillary set up a separate email address for Blumenthal:
Nice catch by the GOP, noting that some of Hillary’s exchanges with Blumenthal come from the e-mail address “hrod17@clintonemail.com.” Two months ago, Hillary’s office issued a statement claiming that she only used one e-mail address during her time at State, the “hdr22″ address. Her lawyer, in response to a specific question about the “hrod17″ e-mail address, claimed flat out that that address didn’t exist until after she’d stepped down as secretary. Today’s e-mail revelation proves him wrong. Did Hillary lie to her staff and her attorney about that or did they lie for her? How many other “nonexistent” addresses did she use to try to keep her communications away from State Department and GOP investigations?
Every day is like pulling another layer from the onion.

Extra - Vodkapundit: "Hillary Clinton belongs in jail."

More - From Gateway Pundit.

And this - Commentary: "While Democrats may continue to dismiss all questions about the propriety of this sordid tale, even many liberal partisans must be beginning to wonder about what sort of person it is that they are trying to put back into the White House."

Sunday, May 17, 2015

Can't post

Watching "Mad Men."

I hope Don makes it back to his family and redemption.  We'll see.

Saturday, May 16, 2015

Saturday morning flashback

Biased George

Victor Davis Hanson: "George Stephanopoulos’s Clinton Foundation Hypocrisy Is Staggering."  "The problem with George Stephanopoulos’s Clinton-gate mess is that his own words prove him to be both a bully and a hypocrite, as well as abjectly unethical."

I think this is an opportunity for the Right to finally acknowledge its adversarial relationship with the mainstream media.

Friday, May 15, 2015

Death for Tsarnaev

I have to say that I was surprised.  I thought for sure there would be one person on the Boston jury who would hold out for life imprisonment.  By all accounts, Tsarnaev was cold as a fish during the trial.

Shopping out stories

WashPost: "Dear ABC News PR: Tell us you didn’t shaft the Washington Free Beacon."

Captain Awesome strikes again!

I was reading this article by Michelle Malkin about the disintegrating Obamacare exchanges and was blown away by this paragraph:
At a recent White House science fair celebrating inventors, a Girl Scout who helped design a Lego-powered page-turning device asked President Obama what he had ever thought up or prototyped. Stumbling for an answer, he replied: “I came up with things like, you know, health care.”
"Suck on THAT, little Susie!  Your plastic bricks are crap next to health care!"

Seriously, what's wrong with this guy?  Was it so hard to give Susie her moment in the sun?  Is his ego so fragile that he couldn't let it go without trying to one-up an eight-year-old?  Apparently not:
With the sand running out on the Obama presidency, it’s finally dawning on the president’s friends and fans that he can be a real jerk.
Oh yeah!?!  Know who's a real jerk?  Susie and her page-turning Legos.