People who say it cannot be done should not interrupt those who are doing it. Welcome to From On High.

Thursday, February 10, 2011

Cuccinelli Keeps the Pressure On

Virginia Attorney General Ken Cuccinelli has followed through on his promise to take Virginia's case against Obamacare directly to the Supreme Court post-haste.  You can read his petition here.

The nut of the case:

The Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), (“PPACA”)imposes complex and significant regulatory changes on all 50 States. Businesses also must come to grips with the intricate requirements of the law and dramatically reorder the way health insurance is provided to their employees. PPACA was challenged from the moment it was signed. A steady drumbeat of new lawsuits continues to punctuate the news. Despite the regulatory overhaul PPACA imposes on the States, uncertainty surrounds the law. In carefully reasoned opinions, two district courts have found that Congress overstepped its authority in enacting all or part of PPACA. Other courts have disagreed, leaving the States and businesses unsure whether PPACA’s complex requirements, or parts of them, will survive. Given the importance of the issues at stake to the States and to the economy as a whole, this Court should grant certiorari to resolve a matter of imperative public importance.

The United States Senate passed PPACA, on Christmas Eve 2009, on a straight party line vote without a single vote to spare. Cobbled together in secret, PPACA was passed through without committee hearing or report, employing such florid deal-making as to generate scornful popular terms like “the Louisiana Purchase” and “the Cornhusker Kick-back.” (App. at 156-57). At the heart of PPACA’s financing scheme is § 1501, which requires American citizens, with certain exceptions, to purchase a good or service from other citizens; to wit, a policy of insurance complying with federal standards. (App. at 102-115). Although Congress purported to be exercising Commerce Clause powers in enacting PPACA, as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010), this claim was known to be problematical. When the Senate Finance Committee had asked the Congressional Research Service whether a mandate supported by a penalty would be constitutional, the response was equivocal: “Whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or a service.” Because an intervening election in Massachusetts removed the availability of cloture in the Senate, PPACA was passed by the House of Representatives unaltered, and then subjected to minor amendment in a reconciliation process dealing as much with college loans as with health care.

The Attorney General of Virginia has the duty to defend the legislative enactments of the Commonwealth. Virginia Code §§ 2.2-507; 2.2-513. When the President signed PPACA on March 23, 2010, the validity of both the Federal and State enactments were drawn into question. If PPACA was supported by an enumerated power, then it would prevail under the Supremacy Clause. If not, the Health Care Freedom Act would be a valid exercise of the police powers reserved to the States. In order to resolve this conflict, Virginia filed a Complaint in the United States District Court for the Eastern District of Virginia for Declaratory and Injunctive Relief.

The gravamen of the Complaint was that the claimed power to require a citizen to purchase a good or a service from another citizen lacks any principled limit and is tantamount to a national police power. [emphasis mine]
That last sentence explains to everyone in the mainstream press - and to those in Washington who foisted this monster upon us - why the Tea Party exists today.

We fought this battle once.

We're more than willing to fight it again.

"The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors. They purchased them for us with toil and danger and expense of treasure and blood. It will bring a mark of everlasting infamy on the present generation – enlightened as it is – if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of designing men."
-- Samuel Adams --

The Soviets Are Alive & Well

And running things in Richmond.

The state will continue to administer the liquor here in Virginia.

In 2011.

For the love of God.

His Heart Was Never In It

I think he was as shocked as anyone that the Washington Post actually got him elected in 2006.  And I don't think he was overly excited about that which he'd gotten himself into.  A career in politics?  James Webb?  I don't think so.

So he endured it for one term.

And now he's outta there.

Republican Party of Virginia chairman Pat Mullins bids him a fond adios:
Statement of RPV Chairman Pat Mullins on Jim Webb Announcement

-- Webb hasn't listened to Virginians for years, making his decision unsurprising--

With Senator Webb's announcement today that he will retire rather than face Virginia voters and have to defend his record, the Democrats efforts to cling to a thin majority in the U.S. Senate took a big hit.

This couldn't be worse news for the Democrats. Now, instead of facing the most hotly contested Senate race in the country with the advantages of incumbency, they must deal with a nomination contest and then face a Republican candidate in the fall in a state that has overwhelming rejected nearly every Democrat since President Obama was sworn into office. Senator Webb's announcement makes their slim majority in the U.S. Senate look all the more precarious.

I expect that in the days ahead we will learn that our former part-time Governor and full-time partisan-in-chief DNC Chairman Tim Kaine will announce his intention to run and we look forward to reminding Virginians of his legacy of broken promises, higher taxes, and unbridled support of President Obama's agenda.
Tim Kaine. Wonderful. We go from bad to worse.

To him I say, acting as spokesperson on behalf of the people of the Commonwealth of Virginia:

Bring it, Big Daddy.
- - -

Ann Althouse thinks Webb is retiring because he couldn't stand the company he had to keep in Washington. Perhaps she's right.

I still think, though, that he just didn't care that much about the gig and wants out.

- - -

You're going to love this.  guess who the New York Times mentions as a possible replacement for the departing Webb?

Tom Perriello.

Yeah, that'll work.  Do that.

* Statement received via email.

McCain in 2012!

What could go wrong?

That concern paid off in 1996 for those "concerned" Republicans and the very "electable" President Bob Dole, didn't it?

For the love of God. As long as Katie Couric and Chris Matthews are allowed to decide who's "electable" and who isn't, how many times are you willing to go down that road?

I have a better idea: Pick the only person who'll save this country from total ruin and work your ass off to get her elected.

Or dance to the music provided by a sinister and conniving mainstream press - again - and face ... four more years.

It's up to you.

Enough Already

Look.  I don't know if a married man sending a woman-who's-not-his-wife a cell phone photo of himself without a shirt on is reason enough to force his resignation from Congress.  But I do know this:

Being stupid is reason enough to force a witless congressman to resign from the gig.

Meet Stupid.

'Two Roads Diverged In a Yellow Wood'

While the Democratic Party here in Virginia, along with the mainstream press, and academia, want the Commonwealth to raise taxes in order to ...fill in the blank..., making us more like California, normal Virginians cry out for us to be more like Texas.

For a reason:

Here in Virginia, as that song goes, if it weren't for government jobs, we'd have no jobs at all.

California?  We don't think so.

Our Thought Exactly

To what extent is this country in debt?  I've lost track.  I know whatever the dollar amount is, it has more zeroes in it than Dunkin' has Donut holes.

So how does Obama and his faithful sidekick, Elmer Fudd, plan on bringing it under control?

Silly you.

What debt?

America's response?

It is summed up by Congressman Bill Shuster:

There can be no other explanation.

Hope & Change

This must give the loony left in this country the warm and fuzzies.  They worked so hard to marginalize G.W. Bush's foreign policy efforts all those years and to get Obama elected so that we wouldn't be beholden to those "oil interests" in the Middle East and ...

... for what?

And if that's not a cruel blow, how about this?


I love the smell of schadenfreude in the morning.