Obamacare Subsidies

In a case involving Federal government payments to Obamacare insurers to “reimburse” them for health coverage plan discounts the government requires those insurers to provide low-income plan buyers, a Federal district court judge in the United States District Court for the District of Columbia (which gives the judge’s ruling nationwide jurisdiction) ruled those payments to be unconstitutional—the payments had been being made even though no funds had been appropriated for the purpose by Congress.

Following President-Elect Donald Trump’s election, an appeal of the ruling to the DC Circuit has been HIAed at the request of the House of Representatives, one of the litigants in the original case at trial.  The pause was requested—and granted—to give the incoming Trump administration time to set up its own actions regarding Obamacare and so render the present case moot.

Now two DC lawyers have filed an “emergency” motion on behalf of two California citizens (can you say, “Yay! Fees!” boys and girls?) to get the appellate court to actively settle the matter, in so far as an intermediate appellate court can settle anything.  The California citizens’ argument, through these lawyers goes something like this:

suspending the litigation until during the power transition would essentially allow the lower-court injunction against the Obamacare subsidies to stand. They say they expect that a Trump-led Justice Department would either dismiss the Obama administration’s appeal or strike a settlement with Republicans allowing the injunction to take effect at some later date.

Litigants are allowed to do that, and it’s irrelevant to the matter at hand.  This case, of the question of constitutionality of the reimbursements, has nothing intrinsic in it concerning the right of litigants to it to ask for a pause pending nearby government action that would render the case irrelevant, nor is there anything present that would prevent a court from granting that pause based on that same nearby pending action.  Indeed, the court would be wasting its time arriving at a ruling when that ruling would soon become irrelevant.

The citizens’ argument continues:

Either way…the effect would be “devastating consequences for the individuals who receive these reductions, as well as for the Nation’s health insurance and health care systems generally.”
…without those payments to help offset deductibles and out-of-pocket costs, more insurers likely would drop their participation on the marketplaces. The exchanges, a centerpiece of the health law, would further wither.

That’s certainly a worthy discussion to have, and the nation has been discussing it for the last six years.  However, it’s a purely political discussion, and it has no place at all in a court.  This argument has no bearing on the case before the DC district or appellate court, and it has no bearing on the Circuit’s decision to hold the appeal in abeyance pending Trump administration action (or inaction).

The citizens also raised this item:

The enrollees essentially argue that if they were allowed to intervene and were to succeed in overturning the injunction against the subsidies, Republicans could no longer say their hands are tied by a court order.

That there is a true fact.  And it’s just as irrelevant as the citizens’ foregoing arguments.  The discussion and the question of whether the subsidies ought to be made are political ones, not legal ones, and so the discussion and associated debates are the exclusive province of the political branches of government: the Congress, ultimately in conjunction with the President.  Whose hands are tied and by what is not a question for a court of law.  Full stop.

Obama’s Irrelevancy

And he’s rendered the US irrelevant in a key part of the Middle East.  No, I’m not talking about his hysterical abuse of Israel; this is Syria.

After President Barack Obama’s (D) faded, greyed out pink line regarding Syrian President Bashar al-Assad’s use of chemical weapons on Syrian citizens, and after motorboat skipper John Kerry’s putt-putting in Geneva and elsewhere regarding cease fires and truces, Russia, Turkey, and Syria have agreed a truce with fleshing-out talks to be done in Kazakhstan.  And the United States is nowhere to be seen.

What’s more, Turkey will guarantee the behavior of the rebels (with some caveats: the Daesh aren’t included, and conflicting reports indicate that al Nusra, an al Qaeda affiliate, may not be included) and Russia will guarantee al-Assad’s behavior.  Obama and his State folks couldn’t even identify rebels, recall: that’s why Obama refused to support them in any meaningful way.

What a bookend this is to his administration’s years, sitting as it does opposite his opening move of an apology tour around the world.

The VA Fails Again

The wife of an Iraq veteran, blinded by a suicide bomber has a story to tell (RTWT) from the veteran’s spouse’s perspective, and she has asked the central question.  Her question is this:

[T]here has to be a better way for our federal government to make it easier for the spouses, parents, and siblings who have to quit their jobs and forfeit their livelihoods to care for an injured veteran.

Her husband’s—and her—problems with this failed agency include things like this [emphasis added]:

My first encounter with the military bureaucracy came days after I arrived at Walter Reed to see Scotty, a West Point graduate, after he’d been flown in from Iraq.  …  I was supposed to be on “orders” and receiving a stipend for food, but somewhere along the way someone filled out the form incorrectly. The man I spoke to said that it would be a huge hassle to try to fix it….

But being blinded is no big deal.

And

In a world where technology is making almost all aspects of life easier, why isn’t there a website, a liaison, or an advocate to fill out government paperwork and get deserving veterans the benefits they were promised and deserved? When I asked for help, someone suggested we hire a lawyer.

Sure.  It’s entirely appropriate to sue a government agency to force it to perform, but it’s wholly unreasonable to expect that agency to perform on its own initiative.

And this performance regarding a potentially lethal situation:

Most recently, Scotty had an infection that needed emergency care. Upon arriving at the VA emergency room, which was packed, I noticed that there were at least four people behind the counter for paperwork. They informed us it would be a four to five hour wait to see a doctor.

On the other hand, it is really a hassle for a government hospital to treat emergencies.  Especially with all that bothersome paperwork that has to be done first.

This wife proposes making the VA run more like a business, and giving the customer what the customer needs.

Indeed.  Run the thing like a business: it’s failed and has been a failure for years; close it down.  Disband the VA altogether, and use its current budget (adjusted in subsequent years for inflation and for the number of veterans, whose care also will ebb and flow with age and with the number of wars from which they’re returning) as vouchers paid directly to the veterans so they can get their own doctors, see their own clinics and hospitals, and get proper care from providers of their choice.  Let the customers—our veterans and their families—get what they need.

 

Veteranos Administratio delende est.

Democracy is a Racist Politic?

That’s what John Kerry, the motorboat skipper who sits in the Secretary of State’s chair, claimed Wednesday.

But here is a fundamental reality, if the choice is one state, Israel can either be Jewish or democratic, it cannot be both.

The “choice” of one state is, as even this guy knows full well, a cynically proffered strawman.  Israel is strongly in favor of a two-state solution; the only ones who refuse the option are the terrorists polities Hamas and the Palestinian Authority.  Absent that strawman dolly, the only thing left is the racist center of Kerry’s offensive sentence.

Kerry and his mentor President Barack Obama (D), both elite-school, Ivy League educated gentlemen also know full well this bit of history, recalled by Michael Oren, Israel’s Deputy Minister for Diplomacy, for Hugh Hewitt (h/t to my Lady for reminding me of this):

In 1947, the UN declared that Palestine, as it was then known, would be partitioned into two states—an Arab state and a Jewish state. Notice, not a Palestinian state, but an Arab state. The Palestinians didn’t quite exist, yet, and at least not on the international radar. And the Arabs went to war to destroy the Jewish state when it was created on May 14, 1948. And the city of Jerusalem was divided. The eastern part of the city was occupied by the Jordanians, the West Bank was occupied by the Jordanians. In June, 1967, the Jordanians attacked Israel again. Israel repulsed the attack, reunited Jerusalem under Israeli rule, and captured the West Bank, or as we call it, Judea and Samaria. It is not occupied by international law, because the West Bank and East Jerusalem was never part of a recognized sovereign country. Nobody in the world, except for Britain and Pakistan, recognized the Jordanian annexation of the West Bank and East Jerusalem. So the entire international law claim is spurious.

The next 22 days cannot pass quickly enough; there’s too much damage able to be done by guys as disingenuous as Kerry and his mentor President Barack Obama (D).

Judicial Nominations

In a more extensive piece about the vacancies into which President-Elect Donald Trump can nominate Federal judges, The Washington Post emphasized the nature of President Barack Obama’s (D) appointments—and by extension, the differences in judicial qualification philosophy between the two Presidents, although that wasn’t necessarily intentional.

Trump is likely to appoint judges with a view toward

[s]tate gun control laws, abortion restrictions, voter laws, anti-discrimination measures, and immigrant issues are all matters that are increasingly heard by federal judges and will be influenced by the new composition of the courts. Trump has vowed to choose ideologues in the mold of the late Supreme Court justice Antonin Scalia, a conservative icon….

Even though none of those are matters of ideology, much as the newspaper would like it to be, but rather are matters of adherence to the Constitution and understanding of the legal questions involved in today’s controversies.

On the other hand, Obama selected his nominees on the basis of…diversity.

Obama has used his nominations to systematically diversify the federal courts to look more like the fast-changing country. He appointed far more female and minority judges than any other president in history, and he has paid particular attention to sexual orientation. When Obama took office, there was only one openly gay or lesbian judge, and he appointed 11 more.

“The president, my predecessors and I spent a significant amount of time looking for all different kinds of diversity—racial, sexual orientation, gender, and professional background,” [White House Counsel Neil] Eggleston said.

Not at all an emphasis on Constitutional adherence, or even legal qualification: just whether a nominee was a member of an identity group within Obama’s identity politics.