Tag Archives: regulation

“Coy,” Is It?

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The Biden-Harris administration, in its argument for the government’s appeal in the 8th Circuit of a trial court’s rulings in Religious Sisters of Mercy v Azar and Catholic Benefits Association v Azar, steadfastly refused to say whether, in fact, these entities would be subject to government suit were those entities, in fact, to refuse to provide and cover so-called “gender transition” procedures. The case and the government’s “enforcement” vagaries center on

how the Department of Health and Human Services (HHS) and US Equal Employment Opportunity Commission (EEOC) interpret Section 1557 of the Affordable Care Act, which prohibits discrimination by gender identity, and Title VII of the Civil Rights Act in relation to RFRA [Religious Freedom Restoration Act].

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Another Reason

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…to get Government—at the Federal and at the State level—out of the way of a free market for health care and for health care coverage, which must include price transparency if there’s to be true price and quality of product/service competition. This illustration is in Boston.

An Emergency Room visit to Massachusetts General Hospital for a particular problem covered by Blue Cross Blue Shield of Massachusetts would cost the patient and his employer together nearly $950. In fairness to BCBSoM, some other providers of health coverage for the same problem at MassGen charge substantially the same total price. At Carney Hospital, just three miles away, though, the same problem with the same provider would be only a bit under $550—$400 less.

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Free Enterprise

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The politicians populating Vermont’s State government don’t like it; they’re taking an overt step to bring the State’s economy under centralized control. These politicians are using the State’s insurance industry—already an industry with limited freedom to operate in all States, not just in Vermont—as their tool to do this.

Vermont is now one of the first states to require health insurers to pay for the costs associated with at-home COVID-19 tests, Governor Phil Scott (R) announced.

Yes, this is a Republican governor. A weak Republican governor, with a Progressive-Democrat State House of Representatives and State Senate.

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Big Progressive-Democrat Government

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A Rasmussen poll suggests that a majority of Americans oppose the socialism in the policies of the Biden-Harris administration.

That’s encouraging, but I have some concerns about the policies anyway, given that they’re being jammed through without regard for the views of the government’s employers.

The socialism aspect of the Biden-Harris and Progressive-Democratic Party policies is less a matter of the raw spending and usurious taxes in them much more a matter of the strings attached to the spending and of who gets (punitively) taxed.

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A Progressive-Democrat Threatens

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California Governor Gavin Newsom (D) has issued a threat to try to destroy one of our most fundamental rights as Americans: our right to keep and bear Arms. He’s doing it, too, while drawing a disingenuous parallel between Arms possession and abortion—and in the process, threatening an even more fundamental right, one imbued in all humans not just in Americans.

If states can shield their laws from review by federal courts, then CA will use that authority to help protect lives.
We will work to create the ability for private citizens to sue anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in CA[.]

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Court Deference

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The Supreme Court has before it American Hospital Association v Becerra, which The Wall Street Journal suggests makes a sufficient vehicle for revisiting judicial deference to an Executive Branch agency’s claims about the legitimacy of this or that regulation promulgated by the agency. The specific item is HHS’ Medicare reimbursement rates for outpatient drugs.

The question is far broader than that, however.

Chevron deference and its still extant forebear, Skidmore, need to be overruled, rescinded, and done away with altogether, along with all other moves, even predispositions, to defer. A regulation (or a mandated drug reimbursement rate) is valid or it is not on its merit, not because a government expert says it is.

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Government Control of the Means of Production

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And it begins with Government control of the means of financing the means of production (among other things to be financed).

The acting head of the US’s top banking regulator called for banks to be screened for climate risk as part of their periodic stress tests and said the agency’s own regulatory approach was focused on maintaining the safety and soundness of the financial system.
“Banks face all sorts of risks everyday—credit risk, market risk, liquidity risk,” said Michael Hsu, acting comptroller of the currency. “What’s emerging now is that climate change is going to be impacting a number of those risks in different ways, and we need banks to prepare for that.”

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Be Like Austria

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That’s what Biden-Harris want for us with zir continued penchant for isolation and demands for vaccination—”[t]his is not about freedom or personal choice“—demands for masking, even of small children, and threats of lockdown, whether explicitly or by outcome.

Austrian Chancellor Alexander Schallenberg, by fiat, is locking up all Austrians in the nation—even his vaccinated (but apparently still “unprotected”) subjects in order to “protect” all from the Wuhan Virus.

Schallenberg said the lockdown will start Monday and initially last for 10 days. Most stores will close, and cultural events will be canceled.
He initially said all students would have to go back into homeschooling.

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Progressive-Democrat Strikes Again

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Austria is locking up down into their homes all Austrian citizens who remain unvaccinated against the Wuhan Virus.

World renowned epidemiologist and Progressive-Democrat Arne Duncan, late Secretary of ex-President Barack Obama’s (D) Education Department, says that’s a good idea.

If you [sic] a danger to yourself and others, you must remain at home. If you aren’t, you are free to roam around the country. Austria is onto something…

Then he closed his deal with this:

I look forward to the day when we Americans value the health, safety, and well-being of our neighbors at least as much as we value our personal freedom.

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Biden-Harris Diktat

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The 5th Circuit has affirmed its stay of OSHA’s mandate that employers must require—be deputiz[ed] their participation in OSHA’s regulatory scheme as the court acknowledged—employee vaccines, testing, or termination, or face deliberately destructive fines for not doing so.

An array of petitioners seeks a stay barring OSHA from enforcing the Mandate during the pendency of judicial review. On November 6, 2021, we agreed to stay the Mandate pending briefing and expedited judicial review. Having conducted that expedited review, we reaffirm our initial stay.

The appellate court went on:

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