What’s Being Covered Up?

If anything?  President-Elect Donald Trump’s transition team has Democrats’ panties in a wedgy because Trump’s men are going directly to Cabinets and independent Agencies and asking about programs and who’s running them.  How rude.

Critics of President-elect Trump have suggested the inquiries are a sign his administration intends to gut key programs and punish the staffers involved.

Sounds like a collection of guilty consciences to me.

The inquiries began earlier this month when transition team members submitted 74 questions to the Energy Department regarding climate change and other policy issues, including two about staffers who worked on President Obama’s climate agenda.

Oh, my.  That’s just not done.  Tsk.

Congressmen Elijah Cumming (D, MD) and Frank Pallone (D, NJ) ranking Democrats, respectively, of the House Oversight and Energy committees expressed concern about Trump transition team questions directed to the EPA:

We are concerned that these efforts to single out particular department employees involved in efforts to reduce greenhouse gas emissions may be an attempt to target DOE employees whose scientific views on climate change differ from those of the incoming Trump administration.

Americans are concerned that you Democrats are trying to keep the names of bureaucrats in the EPA hidden from incoming administration leadership whose scientific views on climate change differ from those EPA bureaucrats.

If it’s all innocent, the doings in those Obama administration facilities, why are Democrats so desperate to keep things under wraps until the new administration is in place?  Why do they object to a new administration coming in already knowing what’s what before they assume office rather than being forced to learn de novo?  Not even Obama’s transition guys—or those wonderful folks in the House—can be so precious as to think an ordinary transition scheme informs the newbies of all there is to know.

The Regulation Administration

…is in its last days, but it keeps on trying to keep in our business.  In an article for an upcoming issue of New York University Journal of Legislation & Public Policy, Secretary of the Treasury Jack Lew

made a closing argument Wednesday in defense of the financial regulatory overhaul the Obama administration engineered during the past eight years.

Among his arguments:

Mr Lew makes the case that those new entities [e.g., the Consumer Financial Protection Bureau and the Financial Stability Oversight Council] allow the government to react to new forms of consumer abuse or financial engineering.

That’s part of the problem, though. It’s these new entities that define “new forms of consumer abuse” without regard to statutory definitions passed by our elected representatives.  It’s these new entities that define new forms of financial engineering as unacceptable or not, without consideration of whether the new forms actually are good ideas.

Progressives like Lew actually think such government overreaches are features and not failures.

A regulatory regime that becomes frozen in time will by its very definition be outpaced by those that seek to arbitrage it….

Lew is carefully ignoring the fact that a regulatory regime as unaccountable and as agile as he wants one to be will by its very definition be in a position to, and will, block free market moves of which an overreaching government decides to disapprove.

It’s a failed argument for a failed régime.  It’s time for Lew to pack up and go home.

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.