Archive for the ‘ObamaCare’ Category

ObamaCare Ruled Unconstitutional

Monday, December 13th, 2010

So says federal Judge Henry E. Hudson ruling on the individual mandate.

Here’s the actual opinion. It’s not searchable, and I haven’t read the whole thing, but I do note he rejected the risable notion than the individual mandate was a “tax” rather than a “penalty.” His ruling that the individual mandate is in fact “severable” from the rest of the bill seems to contradict most of the analysis I’ve read.

Steve Driehaus Gets Litigious

Tuesday, December 7th, 2010

Remember Steve Driehaus, the Ohio Democratic and Stupak-bloc flipper who went down in flames in November? You probably thought you’d seen the last of him.

Think again.

Driehaus is filing a lawsuit against the Susan B. Anthony List for “defamation of character” for billboards that: A.) Told the truth about him, and B.) Were never actually put up.

And the truth is: Steve Driehaus voted for an ObamaCare bill that provided public funding for abortions. And that’s a major reason he lost the election. No amount of litigation is going to change that fact.

Though the lawsuit does require adding one more description to Steve Driehaus: sore loser.

Wikileaks and ObamaCare

Monday, December 6th, 2010

I haven’t been covering the Wikileaks story much because, well, there’s just too much to cover. Obviously, many people in charge of government data security need to be fired.

Dr. Alieta Eck of Association of American Physicians and Surgeons points out that the same people who couldn’t keep secret diplomatic cables private are asking you to trust them with their medical information:

In ObamaCare, the federal government is offering every physician $44,000 in taxpayer dollars to set up a new electronic medical record system. And if this is not enough of an incentive, Medicare is threatening to cut doctors’ pay in the next few years if they do not sell out their patients’ privacy. One of the specifications will be that these records be accessible online to “authorized users,” most notably the government. We are promised very strict privacy measures so that the records can never fall into the wrong hands. Oh, really?

(snip)

So why does the government want to see your medical records? Might it be planning to limit your care once you reach a certain age or develop a certain level of mental deficiency? Knowledge of recent history suggests that governments can use such information to blackmail and smear those considered troublemakers or enemies of the state. Now it is offering to pay for access, but later the government could make your doctor’s license to practice medicine dependent on complying with the EMR mandate. History tells us it is not a good thing when a government has total control of physicians.

(snip)

Do not depend on the government to protect your medical records. Under ObamaCare, the government seeks the right to mine your most private information just as it wants to peer under your clothing in the airport. This is another important reason why ObamaCare must be repealed.

Just think, thanks to ObamaCare, your private medical records will soon be treated with the absolute sanctity afforded the tax records of the Koch Brothers or Joe the Plumber.

Should I Stay or Should I Go?

Wednesday, November 17th, 2010

Or “Democratic House Members Held Hostage: Day 15” (Imagine dramatic Nightline opening theme music here.)

You might have noticed we had an election a couple of weeks ago. Democrats didn’t do so well. Especially in the House, where Democrats lost 60 61 62 seats and counting. The House lead by Nancy Pelosi. The Nancy Pelosi who forced ObamaCare through despite widespread public opposition, a huge contributing factor in the democrats’ electoral slaughter.

Given that, common sense would suggest that Pelosi step aside and not run for Minority Leader. But Nancy Pelosi has never been one to let common sense stand in her way.

The voices are growing louder asking for Pelosi to step down.

On the other hand, her hardcore liberal supporters are rallying around her: “Her talents are unique.” Well, yes. Not even Tom Foley managed to lose 60+ seats in 1994. That takes the special kind of high-handed, self-righteous, tone-deafness that Pelosi excels in.

Blue Dog Coalition member Heath Schuler is threatening to run against her. Then again, if House Democrats are picking their next quarterback, maybe they’ll want someone with a higher lifetime passing rating then 54.3%.

The Congressional Black caucus has decided that they may not want to be lead by Pelosi.

Pelosi says it’s not her fault:

The California Democrat attributes the loss of at least 60 seats to high unemployment and “$100 million of outside, unidentified funding.”

“Any party that cannot turn (9.5% unemployment) into political gains should hang up the gloves,” she said.

  1. Funny, I don’t remember Pelosi complaining about all that unverified money Obama was raking in circa 2008.
  2. As far as 9.5% unemployment goes, her answer seems to suggest that she had no part in keeping unemployment so high. That’s not the case.

But now Democrats seem poised to elect her to Minority Leader later today. Republicans are already licking their chops over 2012 attack ads…

ObamaCare Votes Doomed Democrats

Wednesday, November 10th, 2010

I’m sure the average BattleSwarm reader came to this conclusion heretofore, but Derek Thompson provides a statistical roundup in The Atlantic that proves it. They also find lesser effects for the other three votes I’ve highlighted here (Stimulus, TARP, and Cap-and-Trade):

For Democrats in the least Democratic districts, the model suggests a loss of about 4 percent for every yes vote. If vulnerable Democrats hadn’t voted for any of the four bills, he concludes, Democrats would have won 32 more seats, enough to retain control of the House. Even after you remove TARP (which was a must-vote in scary times), the three-vote impact was 24 seats — not enough to keep the House, but close.

Although at least one study he cites shows no effect for the last that can’t be explained for the other three.

But it all comes back to what all non-liberal Americans have been telling Democrats for a year or longer: It’s the ObamaCare, stupid.

Post Election Analysis: Bart Stupak’s Turncoats Go Down in Flames

Wednesday, November 3rd, 2010

One of the most satisfying results of last night’s election was just how many of Bart Stupak’s block of ObamaCare flippers went down in flames.

If you remember back to the ObamaCare debates, Stupak’s bloc of “Pro-Life Democrats” was never, ever, ever, ever going to vote for a bill that included government funding of abortions. That is, right up until they did.

As shown below, on November 2, the clear majority of them paid the price for betraying their principles as well as their constituents. Unless otherwise noted, the election margins below are taken from this CBS table. Since WordPress doesn’t let me set font colors to red, I’ve marked GOP pickups in bold.

  • Rep. Jerry Costello of Illinois’ 12th district defeated Republican Teri Newman
  • Rep. Joseph Donnelly of Indiana’ 2nd district edged Republican Jackie Walorski by less than 3,000 votes.
  • Rep. Brad Ellsworth left his Indiana’s 8th Congressional seat for an unsuccessful run for the Senate. Republican Larry Bucshon flipped the seat by defeating Trent Van Haaften by almost 40,000 votes.
  • Rep. Bart Stupak retired from Michigan’s 1st congressional district when it became apparent his ObamaCare betrayal doomed his electoral chances. Republican Dan Benishek flipped the seat by defeating Gary McDowell by 25,000 votes.
  • Rep. James Oberstar of Minnesota lost to Republican Chip Cravaack. You may also remember Oberstar for racking up only a single in-district donation to his reelection campaign.
  • Rep. Steve Driehaus of Ohio’s 1st district lost to Republican Steve Chabot by 23,000 votes.
  • Rep. Charles Wilson of Ohio’s 6th district lost to Republican Bill Johnson by 10,000 votes.
  • Rep. Marcy Kaptur of Ohio’s 9th district beat James Iott (AKA Nazi Costume Guy) by a wide margin.
  • Rep. Kathy Dahlkemper of Pennsylvania’s 3rd district lost to Republican Mike Kelly by over 20,000 votes.
  • Rep. Paul Kanjorski of Pennsylvania’s 11th district lost to Lou Barletta by over 15,000 votes.
  • Rep. Solomon Ortiz of Texas’ 27th district loses to Republican Blake Farenthold by less than 1,000 votes.

That’s eight out of eleven Stupak bloc flippers whose seats are now in the hands of the GOP. And of those eleven races, I correctly picked ten, missing only Donnelly’s narrow victory in Indiana’s second district (which I originally had down as a longshot).

A few lessons:

  1. Voters hate ObamaCare.
  2. They hate congressmen who break promises. (Republicans should take special note of this one anytime they contemplate letting a GOP-controlled congress slip back to the old free-spending ways of the Bush43 years.)
  3. They hate Blue Dog Democrats who vote like liberals when the really important issues are on the line.
  4. Voters may be wising up to the fact that it doesn’t matter how much a Democrat swears up and down how Pro-Life, fiscally conservative, pro-gun, etc. they are; when push comes to shove, they’ll always cave in and vote with their liberal leadership.

As a reward for laying down their careers in the cause of ObamaCare, at least Blue Dogs have the consolation of the respect and gratitude of liberal activists everywhere. Ha, just kidding. The Daily Kossacks are saying “we can do without their sabotage.”

Oh yes, I’m sure that running Democrats ideologically closer to Nancy Pelosi than Dan Boren in places like Indiana, Pennsylvania and Ohio is a great way to pick up seats. I encourage you to get started on that right away.

BattleSwarm Blog’s Election Prediction for 2010: GOP Gains 67 House Seats, 10 Senate Seats

Monday, November 1st, 2010

With the election tomorrow, I thought it was high time to offer up my own election predictions.

I have carefully and scientifically evaluated each and every House and Senate race, taking into account length of incumbency, previous voting trends for each district and state, fund-raising advantage, the most recent polls, and the fact that every preceding clause in this sentence prior to this one has been a complete and utter lie.

I have looked at a lot of polls and data but damn, there are only so many hours in the day. My predictions are based on general national mood, gut-feeling, and detailed looks at trends for select races.

This is going to be worse for the Democrats than 1994. The rise of the Netroots and the overwhelming support among the traditional news media dangerously blinded liberal insiders from how badly out-of-sync with the rest of the country they had become, and their insistence to push onward with ObamaCare despite widespread opposition and a lousy economy turned what was already going to be a bad year for them into a once-in-a-lifetime political slaughter.

I predict that the Democrats will lose 67 House seats.

As I admitted above, that’s not a wild-assed guess, but a guestimate based on current polling data and news on individual races. I don’t see Republicans gaining less than 50 seats, and there’s an outside possibility they could get 100. To my mind, it’s much more likely they’ll gain more than 67 than less than 50.

Among the individual House races, I predict all the Stupak-bloc flippers except Marcy Kaptur (who had the luck to draw Nazi Uniform Guy as her opponent) and Jerry Costello (much as I appreciate GOP candidate Teri Newman popping in to say the race is tied, I just don’t see any traction at all in a 54% Obama district; I’d love to be surprised) will lose, including:

  1. Rep. Joseph Donnelly of Indiana
  2. Indiana’s open 8th congressional district (formerly held by Brad Ellsworth)
  3. Michigan’s open 1st congressional seat (formerly held by Bart Stupak)
  4. James Oberstar of Minnesota
  5. Steve Driehaus of Ohio
  6. Charles Wilson of Ohio
  7. Kathy Dahlkemper of Pennsylvania
  8. Paul Kanjorski of Pennsylvania
  9. Solomon Ortiz of Texas

Additionally, I’m predicting that all of the following Democrats representing districts that voted for McCain in 2008 lose their jobs:

  1. Bobby Bright of Alabama
  2. Arkansas’ open 1st congressional district (formerly held by Marion Barry (AKA “the other Marion Barry”))
  3. Arkansas’ open 2nd congressional district (formerly held by Vic Snyder)
  4. Ann Kirkpatrick of Arizona
  5. Harry Mitchell of Arizona
  6. Gabrielle Giffords of Arizona
  7. John Salazar of Colorado
  8. Betsy Markey of Colorado
  9. Allen Boyd of Florida
  10. Suzanne Kosmas of Florida
  11. Jim Marshall of Georgia
  12. Baron Hill of Indiana
  13. Ben Chandler of Kentucky
  14. Louisiana’s open 3rd congressional district (formerly held by Charlie Melancon)
  15. Frank Kratovil of Maryland
  16. Ike Skelton of Missouri
  17. Travis Childers of Mississippi
  18. Gene Taylor of Mississippi
  19. Mike McIntyre of North Carolina
  20. Heath Schuler of North Carolina
  21. Earl Pomeroy of North Dakota
  22. Harry Teague of New Mexico
  23. Michael McMahon of New York
  24. New York’s open 29th congressional district (formerly held by Eric Massa)
  25. John Boccieri of Ohio
  26. Zack Space of Ohio
  27. Christopher Carney of Pennsylvania
  28. Mark Critz of Pennsylvania (serving the remainder of the late John P. Murtha’s term)
  29. John Spratt of South Carolina
  30. Stephanie Sandlin of South Dakota
  31. Lincoln Davis of Tennessee
  32. Tennessee’s open 6th congressional district (formerly held by Bart Gordon)
  33. Tennessee’s open 8th congressional district (formerly held by John Tanner)
  34. Chet Edwards of Texas
  35. Tom Perriello of Virginia
  36. Rick Boucher of Virginia
  37. West Virgina’s first district (held by Allan Mollohan, who was defeated in the Democratic primaries)

That’s 46 seats right there, and I think there’s easily another 21 seats to be had in districts that went narrowly for Obama in 2008 to provide the final margin of victory.

I predict that the Democrats will lose 10 Senate seats.

The Senate is a tougher nut to flip this year, and as I set down to gauge Republican chances, I was shocked to find that, despite insider predictions, I actually had them winning ten seats to take control of the Senate. Running down the Senate races that Real Clear Politics shows as tossups I was only getting nine seats, but then I remembered that Blanche Lincoln is losing so badly in Arkansas that they had that down as a safe Republican flip.

Republicans should take over the following ten Senate seats:

  1. Arkansas
  2. Colorado
  3. Illinois
  4. Indiana
  5. Kentucky
  6. Nevada
  7. Pennsylvania
  8. Washington
  9. West Virginia
  10. Wisconsin

Much as I’d like to see an upset in California, I don’t see Carly Fiorina getting any traction in an overwhelmingly blue state; I think the out-migration of California’s best and brightest due to the high tax rates, crummy economy, the overwhelmingly powerful public sector unions and a near-bankrupt government (all related phenomena) has, ironically, made Californian even bluer.

The two races of the ten that will be most difficult for Republicans to pull off are Washington and West Virginia. Washington may be the tightest, simply because the Left Coast is so blue, but Rossi has been steadily gaining on Murray, and actually pulled ahead in the latest PPP poll. And PPP usually has a Democratic bias, so in a wave election, you have to give it to the Republican if polling is within the margin of error.

In West Virginia, I’m going to go out on a limb and predict a victory for Republican John Raese even though Joe Manchin is up four points in the most recent poll, for the following reasons:

  • McCain won West Virginia by 13.1 points in 2008, which was four points above the poll RCP average. Asking Manchin to run 14 points better in 2010 than Obama did in 2008 is a pretty tall order.
  • The state has been trending Republican for years. It went for Clinton over both Bush41 and Dole, but for Bush43 over Gore by 6.3%, and Bush43 over Kerry by 12.9%.
  • West Virginia fits the classic demographic pattern for “Reagan Democrats”: It’s 94.4% white, and is relatively rural and blue collar, and with a household income significantly below the national average. Those are the very voters that are abandoning Democrats this year.
  • Along those same lines, Hillary Clinton beat Obama handily here in 2008, even though Obama had all but clinched the nomination at the time. West Virginia voters fit the classic “Jacksonian” profile, the portions of the Democratic base that has been most alienated by Obama’s policies.
  • Say what you will about the late Senator Robert Byrd, but he was extraordinarily popular in his home state right up to the end. But his name isn’t on the top of the ballot this time around, and without that reminder of their old “born and bred” Democratic allegiance to remind them, 2010 may finally be the year when remaining West Virginia conservative Democrats make the switch to the GOP.
  • The areas that have been most fruitful for Democratic fraud efforts in the past have been urban enclaves with strong Democratic minority machine politics, which are pretty much absent here.
  • Logic dictates that if that this truly is a nationalized “wave” election, it will show up strongly here.

Honestly, I think the Democrats taking the Washington senate seat is more likely that West Virginia.

So the Republicans take both House and Senate in an electoral slaughter unprecedented in modern times. So I have foretold, and so it shall be!

And if you disagree, post your own predictions below.

LinkSwarm for 10/30/10

Saturday, October 30th, 2010

I have a heavy weekend of activity (reviewing a movie, dinner, a party, Halloween, and another party), so blogging may be lighter than I would like for the weekend right before an election.

So. Some links:

Republicans Suck Less

Wednesday, October 20th, 2010

This Frank J. Fleming piece over on Pajamas Media is too funny (and dead on) not to quote copious sections from:

So the Democrats sucked. But not just plain old, usual politician sucked, but epic levels of suck where it’s hard to find an analogue in human history that conveys the same level of suckitude. It was sheer incompetence plus arrogance — and those things do not complement each other well. We’re talking sucking that distorts time and space like a black hole.

It’s Godzilla-smashing-through-a-city level of suck — but a really patronizing Godzilla who says you’re just too stupid and hateful to see all the buildings he’s saved or created as he smashes everything apart. Or, to use Obama’s favorite analogy, you have a car stuck in ditch, so you call the mechanic, but the only tool he brings with him is a sledgehammer. And then he smashes your car to pieces and charges you $100,000 for his service. Finally, he calls you racist for complaining. Obama and the Democrats have been so awful, it’s hard for the human brain to even comprehend.

But the Democrats will counter that the Republicans also suck. And while this is true, it’s not really going to help them. As I pointed out before, both a dog incessantly barking and a zombie apocalypse are things that everyone would agree suck. Yet no one during a zombie apocalypse, while hiding out in a boarded up mall, would turn to the other survivors and say, “We don’t want to kill all the zombies; then we’d have to go back to being woken up at night by that annoying dog next door.” But this is the best argument the Democrats can come up with. “Remember how awful the Republicans and Bush were? You hated them. You don’t want to go back to that.” Yes, why would people want to go back to when 6% unemployment was considered high?

People do remember how much the Republicans suck, and they know where it tops out … and that is nowhere near as bad as the Democrats are today. Like with the barking dog, it’s annoying, but you know it’s not going to cause the collapse of civilization as we know it. Not so with the zombie apocalypse; who knows how bad that could get if left to continue? Same with the Democrats and Obama; people have never dealt with anything this horrible their entire lives, and they aren’t that curious to see how much worse it can be.

So the Republicans kinda suck, and that’s why they’re going to win huge this November. Because in the land of epic, mega, ultra, apocalyptic levels of sucking, those who kinda suck are king.

(Hat tip: Instapundit.)

Why did Maryland Trail Lawyer Mel Sykes give Ciro Rodriguez $2,350?

Monday, October 18th, 2010

No, really, I want to know. And though I have donated to Rodriguez’s opponent Francisco Canseco (more coverage of the race here), I don’t mean that in an ominous, scary voice-over attack ad sort of way. I’m genuinely curious.

I believe that this is the Mel Sykes in question. He seems to be involved in Asbestos and mesothelioma litigation, among other things.

Looking through that list of Rodriguez contributors, a lot of the donations are pretty typical for an incumbent Democratic congressman. Lots of donations from local business leaders, plus lots of money from DC lobbyists, such as:

And, of course, lots of money from unions.

Those I all understand. Those are fairly typical Democratic incumbent donations. But Sykes seems to be an actual litigator rather than a lobbyist. And according to Rodriguez’s official congressional website:

Today Congressman Rodriguez serves on the House Committee on Appropriations where he sits on the Homeland Security; Transportation, Housing & Urban Development & Related Agencies; and Legislative Branch Subcommittees. He also sits on the House Committee on Veterans Affairs where he is a member of the Subcommittee on Health and the Subcommittee on Assistance & Memorial Affairs. Congressman Rodriguez remains a member of the Congressional Hispanic Caucus (CHC) where he serves as the Chair of the Taskforce on Agriculture and Rural Communities.

Maybe I’m just ignorant of the inner workings of some of those committees, but none seem directly related to mesothelioma or general litigation, which would (I believe) fall under the purview of the Committee on Education and Labor’s Health, Employment, Labor, and Pensions Subcommittee and the House Judiciary Committee, neither of which Rodriguez appears to be on.

Granted, trail lawyers (like Big Labor) love Democratic incumbents. But why the donations from this particular Maryland lawyer to Ciro Rodriguez? If you have any idea, post below or email me.

(One of the most disappointing things about pursuing Rodrigeuz’s donor list is the fact that former Republican congressman and current lobbyist Jack Fields gave him $2,000, a sad example of William F. Buckley’s aphorism that “By the time one of our people get into a position of power, they’re no longer one of our people.”)