Category Archives: Law

Fixing ObamaCare

Ted Cruz may have found a way.

I think we have to face the fact that, thanks to “progressives,” first with the 17th amendment, then ending the need for actual filibusters, and more recently the eviscerating of the filibuster for lower courts, the Senate has lost its original role of being (supposedly in George Washington’s words) the saucer into which the hot tea of the House was poured to cool. It’s a shame, because the Republicans are likely to pick up a number of Senate seats in 2018, due to the disparity between the two parties in how many are up for re-election.

The EPA Climate Regulations

How Scott Pruitt could gut them:

s Pruitt and President Trump look to unwind Obama’s major climate policies, the endangerment finding might be imperiled.

“You know what’s interesting about the situation with CO2, Joe, is we’ve had a Supreme Court decision in 2007 and then the endangerment finding that you’re making reference to in 2009,” Pruitt told CNBC host Joe Kernan, referring to the Supreme Court’s Massachusetts v. EPA decision — the court ruled that greenhouse gases are air pollutants under the Clean Air Act and the EPA has to determine whether they should be regulated.

“Nowhere in the continuum, nowhere in the equation, has Congress spoken. The legislative branch has not addressed this issue at all,” Pruitt said.

“The decision in 2007 was not that the EPA had to regulate. The decision in 2007 was they needed to make a decision.”

And what was decided can be undecided. Live by the pen and the phone, die by the pen and the phone. Though I’d like to see Massachusetts v. EPA reversed as well, given that we now know, since the release of the emails from CRU, that it was based on junk science. The notion that plant food as a trace gas is a “pollutant” is nonsensical.

[Update a few minutes later]

Speaking of Massachusetts, it could get up to two feet of snow tomorrow, a week before the vernal equinox. Because, you know, the earth is overheating.

[Update early afternoon]

Yes, Scott Pruitt is right on CO2. But he’s a religious heretic, so he must be condemned.

[Tuesday-morning update]

Let’s talk about Scott Pruitt’s “denial” of global warming.

The IRS Non-Scandal

They’re still withholding 7000 documents that show how (as Koskinen himself admitted) they were targeting conservatives.

As I wrote on an email list this morning (in the context of Big Data, Facebook and government spying): “I’m much more worried (or at least was in the last administration) about being targeted as a “right-wing” (i.e., someone who is a classical liberal, and gives a s**t about the Constitution) rather than Islamic terrorist, if they’re looking through my contacts and statements. And I think that the previous administration was the worst since Woodrow Wilson in terms of targeting what it perceived to be its political enemies (including through the campaign…). I’d call it Nixonian, except Nixon didn’t get away with it.”

A Classic SLAPP

Popehat shows how this works. As he says, Colorado doesn’t have an anti-SLAPP law, but it may just get dismissed.

By the way, while I don’t generally discuss my own case, briefly, because he’s a public figure, if it ever actually gets to trial, he has to show that I acted “with malice.” Legally, what this means is that I had a “reckless disregard for the truth,” which means that I either knew what I was writing wasn’t true, or I didn’t care whether or not it was.

Whatever else you might think of him, you know who recklessly disregards the truth every day? Donald J. Trump. Though Barack Obama did it a lot, too, to cram ObamaCare down our throats (among many other things).

The American “Elite”

Are they really elite?

No:

Elitism sometimes seems predicated on being branded with the proper degrees. But when universities embrace a therapeutic curriculum and politically correct indoctrination, how can a costly university degree guarantee knowledge or inductive thinking?

Is elitism defined by an array of brilliant and proven theories?

Not really. University-sired identity politics has not led to racial and ethnic harmony.

Is there free speech or diversity of thought on campuses? Did progressive government save the inner cities? Are elites at least better-spoken and more knowledgeable than the rest of us?

Long before Trump’s monotonous repetition of “tremendous” and “great,” Barack Obama thought “corpsmen” was pronounced “corpse-men,” and that Austrians spoke “Austrian” rather than German.

Not long ago, Representative Hank Johnson (D., Ga.) warned that if Guam became too populated it might just tip over and sink.

They’re just credentialed. Elite people are actually educated, knowledgable and competent.

Trump And The Judge

I’m no Trump fan, but I think all the pearl clutching from the media over his “so-called judge” tweet was ridiculous. So does Jonathan Turley. And as always, it’s particularly ridiculous coming from people who probably had no problem with Obama upbraiding (and in the process lying) the Justices who had honored him with their attendance at the State of the Union over Citizens United.