Archive for December, 2010

The New Ledger

What is the Repeal Amendment?

by The New Ledger

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On today’s edition of Coffee and Markets, Brad Jackson and Ben Domenech are joined by Virginia Speaker of the House of Delegates, William J. Howell, to discuss the landmark win against Obamacare earlier this week, and how states can band together to repeal the legislation.

We’re brought to you as always by BigGovernment and Stephen Clouse and Associates. If you’d like to email us, you can do so at coffee[at]newledger.com. We hope you enjoy the show.

Related Links:

Speaker Howell: Statement on Federal Judge Ruling Unconstitutional Individual Mandate in Federal Health Care Law
The Repeal Amendment
Mark Levin supports Repeal Amendment

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Jim Hoft

BREAKING: Rep. Emanuel Cleaver Earmarks $48 BILLION to Pal Who Runs Child Day Care Center From Home With His Wife

by Jim Hoft

Earlier today it was reported that far left Representative Emanuel Cleaver (D-MO) proposed a $48 billion earmark to redistribute taxpayer money to the inner city.

It was the Mother of All Earmarks…
Liberal Rep. Emanuel Cleaver proposed a whopping $48 BILLION EARMARK that would redistribute wealth to the inner cities and gift money to the poor and thereby produce a much larger consumer class to buy the goods and services produced in this country.


Rep. Cleaver will lead the Congressional Black Caucus next year. (CBC Blog)

Now get this…

The $48 billion would go to Cleaver’s friend, a gentleman named Lamar Mickens, president of the not-for-profit Quality Day Campus who runs the organization out of his Kansas City home.

The Southeast Missourian reported:

Currently Mickens operates this massive proposal out of his home but with Cleaver’s help, this earmark could put him on the road to success.

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Publius

Death Panels Begin: FDA Votes to Block Avastin for Breast Cancer Treatment

by Publius

From the Associated Press:


Federal health authorities are recommending the blockbuster drug Avastin no longer be used to treat breast cancer, saying recent studies failed to show the drug’s original promise to help slow the disease.

The Food and Drug Administration’s decision is supported by many cancer experts but is sure to draw resistance from cancer patients and some doctors who fiercely defend the drug and say it should remain available.

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Christopher C. Horner

‘Takeaways’ from the Global Warming Industry

by Christopher C. Horner

Enron, joined by BP, invented the global warming industry. I know because I was in the room. This was during my storied three-week or so stint as Director of Federal Government Relations for Enron in the Spring of 1997, back when Enron was everyone’s darling in Washington. It proved to be an eye-opening experience that didn’t last much beyond my expressing concern about this agenda of using the state to rob Peter, paying Paul, drawing Paul’s enthusiastic support.

In fact, this case was not entirely uncommon in that the entire enterprise was Paul’s idea to begin with. Which left me as the guy on the street corner muttering about this evil company cooking up money-making charades, to nothing but rolled eyes until the, ah, unpleasantness and the opportunity it afforded to take a few gratuitous swings at George W. Bush. Buy me a beer and I will regale you with tales of reporters from Newsweek and the Washington Post desperately seeking assistance to spin, respectively, Enron as having urged Bush away from the Kyoto agenda as opposed to having crafted it, and Enron’s global warming activism as its one redeeming feature.

The basic truth is that Enron, joined by other ‘rent-seeking’ industries — making one’s fortune from policy favors from buddies in government, the cultivation of whom was a key business strategy — cobbled their business plan around ‘global warming’. Enron bought, on the cheap of course, the world’s largest windmill company (now GE Wind), the world’s second-largest solar panel interest (now BP), to join their world’s second-largest natural gas pipeline network. The former two will only make money under a system of massive mandates and subsidies (and taxes to pay for them); the latter would prosper spectacularly if this war on coal succeeded.

It then engaged green groups to scare people toward accepting those policies. That is what is known as a Baptist and Bootlegger coalition. I sat in on such meetings. Disgraceful.

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Jim Hoft

Unbelievable… Democrat Asks for $48 Billion Earmark to Redistribute Wealth to Inner Cities-UPDATED

by Jim Hoft

No, this is not a joke.

The Mother of All Earmarks…
Liberal Representative Emanuel Cleaver has proposed a whopping $48 BILLION EARMARK that would redistribute wealth to the inner cities.


Rep. CLeaver will lead the Congressional Black Caucus next year. (CBC Blog)

Democrats push for one last humongous earmark.

The Southeast Missourian reported:

Rep. Cleaver has proposed a $48 billion earmark
When absurdity gives way to hilarity, you must be talking about politics.

In the midst of a colossal global concern for the economic stability of our great nation, Emanuel Cleaver, Missouri’s 5th Congressional District representative, has one small earmark on his wish list that deserves some attention.

Cleaver has listed a new earmark — one of several — and he promises to “fight for every one.” But this is a whopping $48 billion package that must go down as the grandaddy of all earmarks.

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Capitol Confidential

Exclusive: Sources Confirm FDA Moving Ahead with Rationing

by Capitol Confidential

Sources on Capitol Hill have informed Capitol Confidential that the Food and Drug Administration (FDA) will indeed begin rationing late-stage cancer drugs.  The FDA will make an 11am (EDT) announcement that it will begin denying Avastin to breast cancer patients but will graciously offer the creator of the drug a final show trial of a hearing in 60 days.

The FDA will be judge, jury and executioner.  Unfortunately, the victims of breast cancer will be the ones punished and harmed.

The FDA has never before limited access to a drug based upon cost considerations.  Yet there are some within the agency that are intent on breaking new ground to justify a rationing regime designed to drive down the cost of health care.  Avastin is the test case.  There is no evidence that the pending show trial will temper their enthusiasm for thie rationing scheme.

In essence, the Avastin decision is the first battle in ObamaCare.  Opponents of ObamaCare warned of the implications of a government take-over of our health care system — first and foremost was rationing.  And that is what has happened.

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Publius

Huffington Post: The Media’s Failure to Report on Pigford Hurts Black Farmers

by Publius

From the Huffington Post:

One thing that’s emerged from every conversation I’ve had is that America’s black farmers are this country’s unsung heroes. Farming is hard enough work on its own, but when you add the additional weight of fighting the government’s “good old boy” network that existed in many places, the resilience of the black farmers is amazing.

The dignity of the black farmers makes the mainstream media’s blanket of silence about Pigford especially offensive. A black reporter I spoke with attributed some of that to the subtle systemic racism that exists in the mainstream media, with a bias towards covering stories that affect or are about white folks. Too often, the press is able to pat itself on the back by dealing with stories about race in a surface way. They pretend that by calling the Tea Party or a Republican politician a racist, they’ve done their job and scored a victory for minorities. In fact, though, all those reports end up doing is casting heat but not light. They stir up racial tensions and let the press give themselves a pass for not actually digging into a story like Pigford.

Another thing that everyone seems to agree on about Pigford is that it’s a very complex story. It’s not something that can be explained easily between two commercial breaks or in a couple of soundbites. That being said, it’s fascinating — a long, winding trail of outright corruption and wholesale fraud weaving itself between complicated, passionate people on all sides who have struggled to do the right thing to remedy the plight of black farmers.

The story the press wants you to hear about Pigford is an overly simple one; it’s a settlement to remedy black farmers, and last week (over the racially tinged objections of a tiny group of House Republicans) the president signed the Pigford 2 extension that provides more than a billion dollars in funding for late filing farmers.

The problem with that explanation of Pigford is that it’s false on nearly every level.

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Publius

Thursday Open Thread: Tea Party Edition

by Publius

Today, in 1773, patriots disguised as Indians dumped tea into Boston Harbor to protest the Tea Act. It is known as the Boston Tea Party.

Dan  Riehl

Is Reince Priebus ‘Shovel Ready’ in Race For RNC Chair?

by Dan Riehl

Reince Priebus is currently being touted as a front-runner to replace current RNC Chair Michael Steele. But Priebus’ leading role among a select group of high-powered Wisconsin attorneys targeting clients to assist them in maximizing stimulus dollars, at the same time the anti-stimulus RNC employed him as interim general counsel, raises some troubling questions, not just for Preibus, but for the Republican Party as a whole.

Michael Best Creates Economic Stimulus Team Press Release February 20, 2009 – lists Reince R. Priebus

Priebus isn’t only listed among a short list of key contacts, from 4 – 5, on multiple press releases like this one dated March 5, 2009 – he’s also listed as a co-author of the document. He’s also Co-Chair of the Construction Group and Government and Public Policy Group at Michael Best & Friedrich LLP, with ties to the National Utility Contractors, as well. He’s claimed to have two jobs in recent interviews, politics and law. But once one looks beneath the surface, it appears the two are somewhat indistinguishable.

Wisconsin Receives $529 Million in Federal Stimulus Money for Transportation Projects: Contractors Should be Ready for Fast Bidding and Expedited Project Timelines

It’s also worth noting that during Priebus’ first cycle as the Republican Party of Wisconsin chairman, the party paid his law firm, Michael Best & Friedrich (MBF), $80,000 for unspecified “legal fees.” All payments were made from 10/31/2008-11/13/2008. A review of FEC reports found the only prior RPW payments to MBF occurred in the 2004 election cycle. By that accounting, Priebus’ so called two jobs aren’t separate at all. He seems more interested in using one hand to wash the other, at the expense of taxpayers and donors. There is nothing new in that kind of politics, and very little that’s good for America, or the GOP – especially now.

Want to cash in on $42.5 million in stimulus spending, in addition to $300 million already alloted – call Reince Preibus.

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Jim Hoft

Missouri Conservative Star Ann Wagner Announces Her Run For RNC Chair

by Jim Hoft

I am very excited to announce this news…
Ambassador, Proven Republican Leader, Visionary, and “West Point Mom” — Ann Wagner is running for RNC Chair.


Ann Wagner stands with the troops.

Who is Ann Wagner?
Ann Wagner, former co-chair of the Republican National Committee, announced in a video message this month that she is running for Chairman of the RNC.


From her website…

Ann Wagner is one of the most successful political professionals working in Republican politics today. Her career is rich in service to her community, state and nation.

Following nomination by President George W. Bush and confirmation by the U.S. Senate, Ann Wagner was sworn in as the 19th U.S. Ambassador to Luxembourg by Secretary of State Condoleezza Rice on August 1st, 2005, in Washington, D.C. She served as U.S. Ambassador for four years until July, 2009.

For her service as U.S. Ambassador, Ann Wagner received The Grand Cross, Order of Merit of the Grand Duchy of Luxembourg. The highest Order awarded for professional achievements or meritorious services.

Most recently, Ann Wagner served as the Chairman of Roy Blunt’s successful U.S. Senate campaign in Missouri where she focused on campaign strategy, fundraising, message development and bringing old and new elements of the grassroots together for an historic victory. POLITICO named Blunt’s campaign one of the top 10 best campaigns in the nation in the 2010 election cycle.

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Publius

45 Democrat Senators Vote to Extend Bush Tax Policy, Plan Passes Easily

by Publius

From the Associated Press:

The Senate Wednesday overwhelmingly passed a sweeping tax package that would save millions of Americans thousands of dollars in higher taxes while also reducing their Social Security taxes and extending jobless benefits.

President Barack Obama swiftly urged the House to pass the $858 billion bill without changes, a slap at Democratic liberals eager to toughen a part of the measure that permits up to $10 million to pass to heirs estate tax-free.

A wide array of tax cuts enacted under President George W. Bush is scheduled to expire on Jan. 1—just two weeks away—affecting taxpayers at every income level. The bill passed by the Senate, 81-19, would extend those cuts for two years.

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Samir N. Kapadia

No End to Pork Barrel Spending: Why We Are Going Broke

by Samir N. Kapadia

Evidently, at least one member of Congress thinks that $500,000 of your tax dollars is appropriate to construct a fish passage barrier for salmon in Alaska.  Although the Republican conference in both the House and Senate has sworn off earmarks, it seems that some in the Senate need one last feast at the trough of pork barrel spending before 2011.

The Senate is considering a catch all spending bill for the year, called the Omnibus Spending Bill that funds the federal government until September 30, 2011.  This bill is almost 2,000 pages long and is loaded with at least $8 billion in earmarks.

Senator John McCain (R-Arizona) said on the Senate floor yesterday:

At 12:15 p.m. this afternoon, my office received a copy of the omnibus appropriations bill. It is 1,924 pages long and contains the funding for all 12 of the annual appropriations bills for a grand total of over $1.1 Trillion. It is important to note that the 1,924 pages is only the legislative language and does not include the thousands of pages of report language which contain the details of the billions of dollars in earmarks and, I’m sure, countless policy riders.

Senators Tom Coburn (R-Oklahoma) and Jim DeMint (R-South Carolina) have pledged to force the Senate to read the bill.

The AP reports that “Earmarks feast on pork one last time before diet.”

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Capitol Confidential

Opening Salvo in Health Care Wars

by Capitol Confidential

The battle over health care took a turn for the better Monday as Federal Judge Henry Hudson struck down certain provisions of the bill as unconstitutional.  Unfortunately, things could take a turn for the worse for breast cancer patients by Friday as the Food and Drug Administration (FDA) decides whether to ration the drug Avastin for breast cancer patients.

The headlines are full of stories about the impact of ObamaCare – none of them good.  Here is a recent sample:

Obamacare: Study Finds 40% of Doctors May Quit:  Research conducted by Merritt Hawkins shows that the new health care reform could intensify existing problems for doctors and worsen the shortage of primary care doctors, making it more difficult for patients to access quality care. Here are some specifics:

  • The majority of physicians (60%) said health reform will compel them to close or significantly restrict their practices to certain categories of patients. Of these, 93% said they will be forced to close or significantly restrict their practices to Medicaid patients, while 87% said they would be forced to close or significantly restrict their practices to Medicare patients.
  • 40% of physicians said they would drop out of patient care in the next one to three years, either by retiring, seeking a non-clinical job within healthcare, or by seeking a non-healthcare related job.
  • The majority of physicians (59%) said health reform will cause them to spend less time with patients.

60% of Americans Want ObamaCare Repeal:  The latest Rasmussen Reports national telephone survey shows that 60% of Likely U.S. Voters at least somewhat favor repeal of the health care law while 34% are opposed. As has been the case since the law was first passed, those who favor repeal feel more passionately than those who want to keep the law–46% Strongly Favor repeal while just 23% who are Strongly Opposed.

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Dan Mitchell

America’s Number One! America’s Number One!…Oops, Never Mind

by Dan Mitchell

Sometimes it’s not a good idea to be at the top of a list. And now that Japan has announced a five-percentage point reduction in its corporate tax rate, the United States will have the dubious honor of imposing the developed world’s highest corporate tax rate.

Here’s an excerpt from the report in the New York Times.

Japan will cut its corporate income tax rate by 5 percentage points in a bid to shore up its sluggish economy, Prime Minister Naoto Kan said here Monday evening.Companies have urged the government to lower the country’s effective corporate tax rate — which now stands at 40 percent, around the same rate as that in the United States — to stimulate investment in Japan and to encourage businesses to create more jobs. Lowering the corporate tax burden by 5 percentage points could increase Japan’s gross domestic product by 2.6 percentage points, or 14.4 trillion yen ($172 billion), over the next three years, according to estimates by Japan’s Trade Ministry. …In a survey of nearly 23,000 companies published this month by the credit research firm Teikoku Data Bank, more than 44 percent of respondents cited lower corporate taxes as a prerequisite to stronger economic growth in Japan. …A 5 percentage-point tax rate cut is unlikely to do much to solve Japan’s woes, however. An effective corporate tax rate of 35 percent would still be higher than South Korea’s 24 percent or Germany’s 29 percent, for example. …Meanwhile, the government is trying to offset lost tax revenue with tax increases elsewhere, which could blunt the effect of reduced corporate tax burdens.

I suspect the Japanese government’s estimate of $172 billion of additional output is overly generous. After all, the corporate tax rate in Japan will still be very high (the government originally was considering a bigger cut). And foolish Japanese politicians will probably raise taxes elsewhere. But there will be some additional growth since the corporate tax rate is an especially damaging way to collect revenue.

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Publius

Chicago Tea Party Gets a Bomb Scare for their Christmas Party

by Publius

Big Government Contributor Michael Volpe passes along this statement from the Chicago Tea Party:

Last Friday we held our downtown Christmas Party at Dugan’s Irish Pub.

We had a great crowd and the bar was filled with Christmas cheer until smoke began to fill the entire venue.

At approximately 8 p.m. the Chicago Fire Department were called to the bar to put out what was a very smoked filled bar.

After waiting outside for nearly an hour, we were told that the bar was closed for the night and we were asked to gather our belongings.

There were four small dynamite looking devices found in the men’s bathroom, smoldering in the trash can.

The following evening I received a phone call from Chicago Police Department Bomb and Arson officials.

Written on the lid of one of the toliets were: F*CK THE TEA PARTY

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Brian Garst

While Americans Are Taxed on Death, Political Elites Get a Handout

by Brian Garst

Despite being one of the more  unpopular policies in America, the death tax is set to be resurrected on January 1st. How high it will ultimately rise remains to be seen. If the tax deal passes, it will return at a 35% rate and a $5 million exemption. While not good, that’s certainly better than the 55% rate and $1 million exemption we’ll see if the deal fails. Still, both rates would mean disaster for family businesses and farms.

The hard left has inexplicably decided that not pushing hard enough for excessive taxation without respiration is where they draw the line in the sand. Nancy Pelosi referred to any deal that would lesson the fleecing of Americans upon death as “a bridge too far.” Others have referred to its inclusion in the tax deal as “gratuitous.” That’s funny, given how apt the word describes the tax itself.

What are we to make of this inexplicable drive for such an unpopular policy? One explanation is that the left simply holds a profoundly distorted view of social fairness. Rather than seek equality before the law, they look to government to enforce equality of outcomes. But other forces might be at work as well.

Another possible explanation comes courtesy of a new issue brief by the American Family Business Foundation, which highlights the cozy relationship between the life insurance industry and big government. Because life insurance benefits are untaxed, even an overpriced plan can result in more money being passed on to heirs than a simple bequeathal. The life insurance industry benefits heavily from this arrangement, with an estimated $12.5 billion in revenue coming due to estate planning. Without a death tax, much of this revenue would be lost, making the $50 million per year spent on lobbying by the industry seem like a bargain.

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Lawrence Meyers

L.A. County Red Light Cameras Drain Taxpayers, Not Drivers

by Lawrence Meyers

Los Angeles City Controller Wendy Gruel has done it again — exposing enormous waste in yet another city department.  However, in a Reverse Kafka-esque twist, this time it is motorists who are finally getting the upper hand when it comes to the insidious $446 red light camera citations.

Not only did Ms. Gruel say there was insufficient evidence that the cameras reduced accidents, but she questioned whether they had even been placed at the most dangerous intersections.  Having seen many of these cameras peppered about the city, I have more than once wondered why certain intersections were chosen since they do not appear to be ones where accidents might understandably occur often.

However, the real lunacy of this program is that Los Angeles Superior Court judges have ruled that the citations are unenforceable.  The successful legal argument was that because a human being did not actually hand the citation to the offender that the citation was not properly served.

If the citation is not legally served, then there is no crime to enforce.  So people in Los Angeles County can ignore the citations with no repercussions.  That’s right — drivers actually do get off scot-free.  Yeah, you get sent to a collections agency, but even then there is no civil suit possible because no crime has been committed because no service was performed.  Nor can the agency report your lack of payment to a credit agency or the DMV.  Meanwhile, dozens of other court cases have made the camera enforcement a farce statewide.

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Kyle Olson

L.A. Parents Pull the Trigger on School Choice

by Kyle Olson

During this past week, with the news so focused on the Congressional tax debate and the “wikileaks” controversy, you may have missed reports of a very impressive school choice victory.

The parents of students at McKinley Elementary School in Compton, California have risen up and taken control of their children’s education.

The parents are making use of a new California law, called the Parent Trigger, which gives them the power to impose sweeping changes on failing schools.


For the Parent Trigger law to be invoked, a school must fail to meet federal academic standards for three consecutive years; have a score of less than 800 on the state’s Academic Performance Index, which is based on student test scores; and be among the lowest performing five percent of schools in the state.

There are many California schools that would qualify for parental action under the Parent Trigger law, according to the Los Angeles Daily News.

In the Los Angeles United School District alone, 250 schools have failed to meet academic standards for more than three years, the newspaper said.

Under this law, if the majority of a school’s parents agree, they can choose to close down the school, replace the entire staff, or convert it to a charter school. All that is required is a petition signed by 50 percent of the parents.

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Publius

Wednesday Open Thread: Drink Edition

by Publius

As best we can tell, there are at least three anniversary dates for this, but today, in 1933, the 21st Amendment, ending Prohibition, was officially effective. 3…2…1…drink!

Publius

Congressional Magic: Nevada Now on the Pacific Ocean!

by Publius

Today, the Democrats dropped a 1,900 page spending binge on the American public. With their grip on Capitol Hill expiring in just a few weeks, Democrats are rushing through one last party on the taxpayer dime.

No doubt, many spending whoppers will be unearthed as the bill becomes more public, but this little gem, passed to us by a source on Capitol Hill, really caught our eye:

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of Pacific salmon populations, $80,000,000, to remain available until September 30, 2012: Provided, That of the funds provided herein the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and Federally-recognized tribes of the Columbia River and Pacific Coast (including Alaska) for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or identified by a State as at risk to be so-listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce….

Hmm…Last time we checked, Nevada was landlocked and didn’t remotely touch the Pacific Ocean or any of the tributaries of the Columbia River (which run extensively through Idaho.)

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