Personal Responsibility

What a concept.  The proximate subject is whether Montana citizens should be allowed “road beer,” a beer or other alcoholic drink while sitting as a passenger in a car on a Montana road.  Road beer currently is prohibited.

A young Montana Republican State Congressman, Daniel Zolnikov, is backing House Bill 206, which would allow passengers in a car to drink while continuing the prohibition against drivers drinking.  Listen to the man on the larger principle.

The argument was made—how about if it tempts the driver?  That’s like saying (designated drivers) shouldn’t go to bars in case they’re tempted to have a drink. Where is the self-responsibility? This isn’t allowing for people to drink and drive, it’s allowing a passenger to have a beer.

And

[Zolnikov] told KGVO…[i]t’s time to stop “treating adults like children.”

 

Indeed.

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.

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).

Desperation of Ego

President Barack Obama (D) has both.  In a podcast interview with his bud David Axelrod, he said

I am confident in this vision because I’m confident that…if I had run again and articulated it, I think I could’ve mobilized a majority of the American people to rally behind it.

And

Obama also warned [against ending up] “…starting to shut ourselves off from different points of view, shutting down debate, becoming more dogmatic, becoming more brittle. And I don’t see that being a successful strategy for us winning over the country.”

Which is exactly what he’s been doing these last eight years.

Contemplate that for a moment against the backdrop of the bubble in which he lives, thinking in all seriousness as he does that his foreign and domestic policies actually are successes.

Some Folks Get It

Whether or not the attack on Pearl Harbor was treachery or straight-up war, or whether our dropping nuclear bombs on Japan at the other end of that war was butchery or straight-up war, it’s more than three generations ago; the folks responsible are mostly gone.

No apology needed, said 96-year-old Alfred Rodrigues, a US Navy veteran who survived what President Franklin D Roosevelt called a “date which will live in infamy.”

“War is war,” Rodrigues said as he looked at old photos of his military service. “They were doing what they were supposed to do, and we were doing what we were supposed to do.”

This sailor who was there understands the thing.

It’s past time to move on, especially for the press, whose interns seem to have been having trouble—ever since Prime Minister Shinzo Abe’s visit to Pearl was set up—finding things for their scribes to write about.