What’s So Terrifying?

In the face of CMS Administrator Marilyn Tavenner’s (she of the Federal government (!) organization charged with the task of integrating the various software packages that go into Obamacare’s disastrously failed HealthCare.gov) refusal to provide, under oath, actual enrollment numbers to the House Ways and Means Committee last Friday, coupled with HHS Secretary Kathleen Sebelius’ similar refusal, Committee Chairman Dave Camp (R, MI) now is threatening to subpoena the data, and to require those data to be delivered not just in a one time good deal response, but daily, as of 1700 that day.

These folks refuse all releases short of that subpoena, instead promising to release the first numbers in mid-November.  So far, to their credit, they’ve not said “Period,” but we can look forward to their stonewalling the subpoena.

Their refusal and their 6-week delay, at the least, drive the question: of what are they so afraid that they can’t bring themselves to release the data they have?  And they certainly have the data now: insurance companies have the data; they’re the ones having to service the signed-up-for policies.  Sebelius and Tavenner certainly have the data now: they’re in the HealthCare.gov databases used for collating and transmitting to the servicing insurance companies the sign-up actions.  Hackers have access to these data, why can’t a Congressional committee exercising its oversight duty?  Why can’t we Americans on whom this project has been foisted over our loud, long objections?

It’s not just the Ways and Means Committee that’s being stonewalled, either.  Also last week, House Oversight and Government Reform Committee Chairman Darrell Issa (R, CA) was forced to subpoena HHS in order to get documentation “related to technical problems with HealthCare.gov, the testing that went into the website, and the number of people who have enrolled and attempted to enroll” through HealthCare.gov because Sebelius is hiding those data, also.  Which drives a similar question: of what is the administration afraid here, that they’re so resistant to releasing these data?

What are these folks covering up?

An interesting aside:

A new Kaiser Family Foundation poll that says the number of people who say they understand how the law affects their own family is up 8 points to 55%.  However, the per centage of people who have a generally unfavorable opinion of the law remained virtually unchanged at 44%, indicating that people don’t seem to like the law any better, even as they learn more about it.

This is weak porridge on which to draw firm conclusions, but it’s certainly indicative of where further inquiry would yield value.

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.

Federal Solar Energy

What do you do when you host an auction, and no one bids?

A short time ago, the BLM tried to auction 3,700 acres in three parcels of prime solar farm territory and got no bidders.  None.

Maryanne Kurtinaitis, BLM’s Colorado Division Renewable Energy Program Manager, said

We are going to have to regroup and figure out what didn’t work[.]

Well, NSS.

Here’s a clue, offered by Ken Johnson, Vice President of Communications for the Solar Energy Industries Association:

To date, BLM has yet to finalize any regional mitigation plans.  Frankly, it’s not smart business to commit to something until you’ve read the fine print.

The whole thing about government involvement is too uncertain.

Hmm….