Rule By Law

This time using the excuse of AGW to drive the fiat governance.

President Barack Obama has issued another of his diktats Executive Orders, this time placing the Executive Branch squarely in charge of “responses” to “climate change” and wholly cutting the people’s representatives, our Congress, out of the discussion.  Never mind that human impact on climate change has yet to be demonstrated—or even hinted at very strongly.  His EO forms a task force to advise the Federal government of how to respond to climate change impacts.

Of course, it’s also an Obama-esque bipartisan group:

The task force includes governors of seven states—all Democrats—and the Republican governor of Guam, a US territory.  Fourteen mayors and two other local leaders also will serve on the task force.

All but three of those appointed are Democrats.

Obama claimed, in his accompanying White House statement,

…that even as the United States acts to curb carbon pollution, officials also need to improve how states and communities respond to extreme weather events like last year’s Superstorm Sandy.  Building codes must be updated to address climate impacts and infrastructure needs to be made more resilient.

This is just more costs inflicted by Feds on states and consumers—ostensibly to guard against climate “change,” but more to increase Federal power and intrusion into our business and private lives.

There’s more:

A possible mandate to bring sweeping new changes to land use and resource policies.

Just like the EPA’s attempts to regulate rain water runoff as a pollutant and to regulate water puddles in people’s backyards.

And

More control and refocus of climate change data….

Which will include a drive to control the release of those data and how they’re being used by the Federal government—just like this administration is doing with Fast and Furious, Benghazi, IRS targeting, Obamacare software, etc.

So I ask: who will guard us from government’s rule by law at the expense of rule of law?  And a follow up: who will protect us from the mendacity of false climate panic-mongering?

Losing Insurance vs Gaining Insurance

CBS News has been busily gathering hard numbers on this—at least on the losing side, since President Barack Obama and his HHS Secretary are too terrified to release any gaining numbers.

CBS’ Jan Crawford said that CBS News has checked with actual insurance companies; she’s found that in four states alone, the numbers are huge—in just the first few weeks of the ObamaMart rollout:

California: 279,000 had their insurance policies cancelled out from under them

Michigan: 140,000

Florida: 300,000

New Jersey: 800,000

Adding in the cats and dogs, and 2 million Americans have had their insurance policies cancelled, and the number is rising[Period]

This compares, again with data gleaned from insurance companies, and unrefuted by the Obama administration, with 6 folks who signed up on the first day and some 250—total—who’d signed up through the third day after ObamaMart’s rollout.

CBS also takes care to note that this is driven by the Obamacare law, not by Evil Insurance:

Obamacare forces them to drop many of their plans that don’t meet the law’s 10 minimum standards, including maternity care, emergency visits, mental health treatment, and even pediatric dental care.

Because a man needs maternity care, and an empty-nest couple needs that pediatric dental care.

Also,

That means consumers have to sign on to new plans even if they don’t want or need the more generous coverage.  Industry experts say about half the people getting the letters will pay more—and half will pay less, thanks to taxpayer subsidies.

The subsidies also mean that those who are paying more are paying even more more in order to pay those subsidies.  Those subsidies, after all, are funded both by Obamacare taxes and by artificially inflated premiums against which those subsidies are balanced.  Yes, even those who get the subsidies “need” them because of those artificially inflated premiums.

Hmm….

Conflict of Interest

…or just rank cynicism by a Progressive Know Better government?

President Obama on Wednesday defended his signature health care law in a speech from Boston, saying that people who are losing their insurance plans because of the law should start shopping around for better coverage.

Never mind that these people already had good enough coverage, by definition: it’s the coverage these folks had bought voluntarily.  But President Barack Obama has a solution for all those folks being dumped, willy-nilly, into the market for insurance: shop in his newly opened ObamaMart store.

And

The cancellation notices apply to people whose plans changed after the law was implemented or don’t meet new coverage requirements.  The president said those changes ensure that all Americans are able to get quality coverage.

Never mind that those changes to perfectly fine policies were required in order to meet Obamacare-mandated standards.  Or that those compliance-required changes violated the Obamacare terms for grandfathering so the original policies couldn’t be grandfathered.  But it’s OK; folks who lost their policies can go shop in that newly opened—only by happenstance opened just now, mind you—new store: Obama’s ObamaMart.

And the explicit pitch:

So if you’re getting one of these letters, just shop around in the new marketplace.  That’s what it’s for.

The new marketplace: ObamaMart.

And this: “Only 5% of Americans are in the private insurance market, are getting cancellation notices.”  Only 14 million Americans.  Those 5% are only a small amount of people, according to Juan Williams on last Wednesday’s Special Report with Bret Baier.  But, hey, they can shop around again, so they don’t matter in the larger picture proffered by a Progressive Know Better Government.  They’re unfortunate, but unavoidable, collateral damage in getting the government’s store up and running.  For the greater good.

And for the good of ObamaMart.

The Judiciary Gets Another One Right–Almost

Brothers Gilardi, owners of Freshway Foods and Freshway Logistics in Sidney, OH, objected on religious grounds to being required by Obamacare to provide insurance coverage that includes coverage for “contraceptive methods, sterilization procedures,” and so on.  A lower court had sided with the government, but the DC Circuit ruled, muchly but not completely, in favor of the Gilardis.

The majority opinion, written by Judge Janice Rogers Brown, held that the birth control mandate

trammels the right of free exercise—a right that lies at the core of our constitutional liberties—as protected by the Religious Freedom Restoration Act[]

She also wrote that the contraceptive mandate forced the Gilardis into a

Hobson’s choice: they can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong.

but then she applied this only to the Gilardis themselves.  That’s the almost part of the ruling.

Unfortunately, Brown held against the Gilardis as this applies to their businesses (the downside of her ruling):

While we decline the Freshway companies’ invitation to accept Townley’s ipse dixit that closely held corporations can vindicate the rights of their owners, we understand the impulse.  The free exercise protection—a core bulwark of freedom—should not be expunged by a label.  But for now, we have no basis for concluding a secular organization can exercise religion.

But this makes no sense.  If a corporation is person enough to freely engage in political speech (vis., Citizens United), how can it not be person enough to have a conscience from which to speak—and to act?

In a concurring dissent (because he agreed with the majority opinion as it applied to the Gilardis but disagreed with that opinion as it applied to the Gilardis’ businesses), Judge A Raymond Randolph wrote

Why limit the free-exercise right to religious organizations when many business corporations adhere to religious dogma?  If non-religious organizations do not have free-exercise rights, why do non-religious natural persons (atheists, for example) possess them?

More, what is free exercise, if it is not the exercise by entities and individuals not formally…blessed…by government as Official Religious Organizations?

Judge Harry T Edwards’ dissent is even harder to understand.  He wrote, in all seriousness, that legislative restrictions may trump religious exercise.  How does that work, exactly?  It sounds like he’s saying legislative restrictions trump the supreme Law of the Land.

Edwards went on, suggesting

Allowing religious exemptions to for-profit, secular corporations would undermine the universal coverage scheme: if the Gilardis’ companies were exempted from covering contraception, another corporation’s owners might just as well seek a religious exemption from covering certain preventative vaccines.  A Christian Scientist, whose religion has historically opposed conventional medical treatment, might claim that his corporation is entitled to a religious exemption from covering all medical care except healers who treat medical ailments with prayer.

Well, yeah.  And?  The vaccines may be entirely sound medicine—indeed, contraception and sterilization are entirely sound medicine, for those whose religious beliefs permit such.  It seems, though, that Edwards has both misunderstood the Free Exercise Claus and rejected Chief Justice Howard Taft’s sound advice:

The good sought in unconstitutional legislation is an insidious feature because it leads citizens and legislators of good purpose to promote it without thought of the serious breach it will make in the ark of our covenant….

Edwards then wrote in all seriousness

The mandate does not require the Gilardis to encourage Freshway’s employees to use contraceptives any more directly than they do by authorizing Freshway to pay wages….

That wasn’t the question, though.  The question was whether the employer should be required to violate its conscience by offering coverage that covers the contraceptives, not whether the employer should encourage employees to use them.

Then, in the very next sentence, he wrote

[T]he Gilardis remain free to express publicly their disapproval of contraceptive products.

This is just cynical.  I can think of no other reason for this claim in this context.  If a man publicly expresses his disapproval of a sin and then commits that sin, he’s still a sinner—and a hypocrite, even if pushed into sin by the Federal government.

The DC Circuit opinion can be found here.

Maternity Care in Dental Coverage?

I tried to find out what dental coverage was available in my little corner of Texas under Obamacare, so I tried out Healthcare.gov again.  Imagine my surprise when I selected Dental|Texas|You and your spouse and got this:

Yep.  “All plans must offer the same essential health benefits,” including maternity and newborn care.  Because when I go in for a tooth cleaning or a root canal, I need that maternity coverage.

Yessiree, Bob.

Now some will say the law doesn’t actually require that; Obama’s HealthCare Store is what’s messed up.

Yessiree, Bob.