TPPF Conference Call on the ObamaCare Decision

June 28th, 2012

Just got off a Texas Public Policy Foundation conference call with Chuck DeVore and Arlene Wohlgemuth on the effects of the Supreme Court ObamaCare decision. Just in case you hadn’t read anything on the Internet today, that ruling was 5-4 affirming ObamaCare as constitutional, majority opinion written by Chief Justice Roberts, not on Commerce Clause grounds, but on congress’ ability to tax:

The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax.

Here some no-doubt random bits of information I gleaned from the conference call:

  • Of all the possible scenarios experts looked at in a possible ObamaCare ruling, this wasn’t one of them.
  • All the cost drivers and massive increase in bureaucracy is still there.
  • Texas was already looking at a $5 billion Medicaid shortfall for the next biennium; ObamaCare will likely make that a $15 shortfall.
  • No one knows if Texas will undertake Medicaid expansion or not.
  • ObamaCare was a consequence of Republican losses in 2006 and 2008, and a cause of Republican victories in 2010.
  • As a tax, ObamaCare can be repealed with 51 Senate votes (no filibuster).
  • Roberts’ decision “built a fence” around the Commerce Clause, possibly preventing further expansion of federal powers under that guise. (This has lead to some observers to suggest that Roberts is playing the “long game” of constraining the growth of the federal government.)
  • The court did invalidate (7-2) Medicare/Medicaid penalties for non-compliance, in that states cannot be “dragooned” into post-facto changes with the threat of withdrawn funding for established programs. DeVore: “This is a victory for the 10th Amendment and Federalism.”
  • That change might offer challenges to a whole lot of legislation.
  • The politicized way in which the Obama Administration has granted waivers to the politically connected might also offer avenues for equal protection challenges.
  • This TPPF policycast also covers some of the same topics discussed on the conference call.

    So: That’s my brief recap of the conference call. I’m still digesting the ruling itself, and reactions to the ruling. I might be doing that for some time…

    Austin Just Passed San Francisco (or California vs. Texas: Round 55)

    June 28th, 2012

    Today brings news that Austin just surpassed San Francisco in population to become the 13th largest city in the country. In fact, Texas had six of the top seven fastest growing cities over the past 14 months: Round Rock, Austin, Plano, McKinney, Frisco, and Denton placed 2-7, topped only by a post-Katrina New Orleans. And at only 7,000-odd residents behind Jacksonville and Indianapolis, expect Austin to be the 11th largest city in the country the next time this list is updated.

    And that news gives me a great excuse to to another roundup of Texas vs. California!

  • “Texas has been doing very well. If you draw a triangle whose points are Houston, Dallas and San Antonio, enclosing Austin, you’ve just drawn a map of the economic and jobs engine of North America.”
  • “California may be dreaming, but Texas is working. According to the U.S. Census Bureau, from 2000 to 2010, California lost a net of 519,600 jobs while Texas gained 1,093,600 jobs.” Lots of additional statistics here make the case for the measurable superiority of Texas’ Red State model over California’s Blue State model.
  • And they brought their incomes and assets with them. And there are plenty of reasons to move to Texas:

    Lest you think this is some kind of fluke, or that taxes are not the determining factor in this “escape from NY and California,” it isn’t just Texas that is gaining all these fleeing residents. The U.S. Census reported that all of the top 15 states for population growth during the past decade are no tax or low tax states like Nevada, Florida, Arizona, Utah, Georgia, North Carolina and South Carolina. It seems Americans are smarter than politicians give them credit for- they are voting with their feet for lower taxes, pro business attitude, and more economic freedom.

    Because no state in the union has a better economy, let’s look “up close and personal” at the Texas miracle. Texas practices what I proudly call “Wild West Cowboy Capitalism.” And it works!

    Texas has zero state income tax, zero capital gains taxes, and zero death taxes. It is a “right to work” state where employees may choose to join a union, but are never forced to. It is pro business and anti-lawyer (discouraging class action lawsuits and the first state to pass a “Loser Pays” law). Texas is also tight-fisted with welfare and entitlement benefits- unlike New York and California. The result of this limited government attitude is people with high incomes, assets, and ambition are moving into Texas, while those who lack work ethic, and feel entitled to handouts are moving out. Good riddance.

    But the most important attribute of Texas is that its constitution limits the time that politicians can meet. The Texas Legislature is limited to meeting only 4 months every other year. That pretty much explains everything. Texas and my state of Nevada have no state income taxes and the fastest growing populations in America…not in spite of, but because the politicians aren’t allowed to sit in their seats all year long thinking of new ways to re-distribute income, impede business, and destroy jobs.

  • How red tape strangles job creation in California.
  • Tort reform has resulted in a 44% increase in the number of doctor’s in Texas since 2003, or twice the population increase.
  • Texas factory orders up in May.
  • California’s pension crisis continues to fester, and Democrats appear to be unwilling to grapple with the issue. (And here’s more on the pension bomb from Walter Russell Mead.)
  • Gary Farmer, head of the Austin Economic Development Corp. tells California audience exactly how Austin lures business from their state. “The key reason for the state’s success in luring business from other locations is a better political and regulatory climate, he added. Texas has a corporate tax of 1 percent on adjusted gross receipts, while California’s is 8.84 percent of income. Texas has no personal income tax while California’s is 9.3 percent.”
  • Finally, speaking of California transplants, In-and-Out Burger is headed to Round Rock.
  • When Looking for Primary School Qualifications, “Founded by Mimes” Should Not Be a Plus

    June 27th, 2012

    “Parents are yanking their kids out of the ‘progressive,’ $32,000 per-year private school founded by the Blue Man Group—which has no books and no tests—because their kids are barely learning to read.”

    You mean that “progressive” education doesn’t work, even in a school founded by mimes? Who knew?

    Well, guess I’ll have to cancel my graduate school application for The Marcel Marceau School of Advanced Particle Physics…

    (Hat tip: The Daily Caller via Jim Treacher’s twitter feed.)

    I Don’t Think Team Kimberlin Has Thought Their Cunning Scheme All the Way Through

    June 26th, 2012

    Aaron Walker provides more details on his SWATing.

    Whether this was done by convicted felon Brett Kimberlin, his likely associate Neal Rauhauser, or anyone else on Team Kimberlin, I don’t think they’ve thought their cunning scheme all the way through. Did it ever occur to the people setting up these SWATings that police really, really don’t like being made to look like fools? Having police officers kill an innocent person based on a malicious prank has to rank pretty high among nightmare scenarios at police headquarters.

    You SWAT people once or twice and and police may shrug it off as a prank. You do it repeatedly, as the supergeniuses on Team Kimberlin have done, and you’re really going to piss them off. So much so, that they’re going to start sharing information between departments in an effort to track down the people behind it and nail them to the wall. And they’re going to start calling their friends among the feds and private security consultants for help. Eric Holder may not be interested in helping conservative bloggers, but there are a lot of feds that still want to do the right thing.

    Team Kimberlin better be having fun messing with the bull now, because I have a strong feeling they’re not going to like what comes next…

    Aaron Walker SWAT-ed?

    June 25th, 2012

    So it seems.

    Even for convicted felon Brett Kimberlin this seems ham-handed. They seem desperate to punish conservative bloggers. Or perhaps distract our attention from Obama’s lousy job as President. Whatever the reason, they’re doubling-down on the nasty tactics.

    It isn’t working.

    Speaking of nasty tactics, here’s more on methods of Neal Rauhauser and Team Kimberlin.

    LinkSwarm for June 22, 2012

    June 22nd, 2012

    A quick LinkSwarm for a busy Friday:

  • Mark Steyn on how Europe and the U.S. are headed in the same direction.
  • How ObamaCare will swell Texas’ Medicaid rolls.
  • Texas Democratic U.S. Representatives Al Green, Ruben Hinojosa, and the retiring Charlie Gonzalez all kicked money into New York Democratic Rep. Charlie Rangel’s reelection fund.
  • A change in Mexico’s drug war strategy?
  • Speaking of the drug war, America’s War on Sudafed has led to a huge increase in meth from Mexico.
  • A look at the Zeta drug cartel.
  • Abandoned military bases of the Soviet Union.
  • Vladamir Putin is up to his usual tricks.
  • Live in San Antonio? Congratulations! Your tax dollars are helping bureaucrats buy houses.
  • Plano Bombing Suspect Anson Chi Wanted on Weapons Charge in California

    June 21st, 2012

    According to this DSM story. The other material in that story should be familiar If you’ve been reading this blog.

    On reason I’ve kept on this story is that once I uncovered the Ron Paul connection, it was obvious the MSM would run with Chi as a “Right Wing Extremist.” Which is already happening in the comments for various stories. But, as I showed, it’s not that simple. Chi is also on record as supporting organic food and opposing religion, corporations and genetically modified food, all of which are hardly typical Ron Paul positions. I wanted to get the facts out there before the MSM clouded the issue.

    NEWSFLASH: FBI Confirms Anson Chi as Plano Bombing Suspect

    June 21st, 2012

    “In a criminal complaint unsealed in federal court Wednesday, the FBI identified Anson Chi as the suspect accused of setting off a bomb while tampering with a gas main earlier this week.”

    But the MSM is only reporting what I concluded on Tuesday .

    Texas Senate Race Update for June 21, 2012

    June 21st, 2012

    Busy week, so here’s just a quick update:

  • Here’s where to watch the Ted Cruz-David Dewhurst debate tomorrow (Friday, June 22nd) at 8PM.
  • Both Dewhurst and Cruz campaigned in North Texas.
  • A typical piece on the race. But notice how the reporter mentions “As he did at the Republican State Convention, Cruz got a more vocal and enthusiastic reception than Dewhurst.”
  • David Dewhurst once considered running for office in New Mexico.
  • The Texas Tribune looks at the immigration/amnesty muddle in the race. Some voters are still confused about where Cruz stands.
  • Paul Burka wonders if this is a viable attack issue for Dewhurst to hit Cruz with. Since it takes him a thousand words just to explain it (Cruz evidently overlooked an obscure military statute in arguing a Supreme Court case over whether imposing the death penalty for raping a child was constitutional or not), I’m guessing not. Also, the headline (“Cruz Control”) is just lazy.
  • Dewhurst changing his story on how to deal with illegal aliens.
  • More Plano Bombing Tidbits (Including Possible Motivation for Suspect Anson Chi)

    June 21st, 2012

    For those just joining in, on Monday an explosion seriously injured a man near a gas pipeline in Plano. Police investigating the incident concluded that the man hadn’t been hit by a car (as he claimed) but that an explosive device had detonated (possibly early) near a gas pipeline. The police bomb squad also disposed of a device taken from the suspect’s house. Using information in the various news stories and public records, I deduced that an Anson Chi was the likely suspect. Today I posted some background on Chi, in that he seems to be both a Ron Paul supporter, and an opponent of religion, corporations, and genetically modified food.

    Now, the latest news: The FBI was back at the suspect’s home today, carrying out another search.

    I’ve been skimming through Chi’s novel (actually, based on length, more of a novella) Yellow on the Outside, Shame on the Inside: Asian Culture Revealed, which you can download for free. As you might deduce from the title, it’s largely about the pressures of being expected to succeed as an Asian in America.

    Take the opening on the first page for example:

    Doctor or lawyer—my only two options. These would be your only two options if you have Asian parents. You would think that you would be able to pick your own career, since you know, it is your own damn life. But not when you have Asian parents. So my only two options: doctor or lawyer.

    It’s partially a first person Roman a clef about growing up Asian, partially an indictment of The Way We Live now, partially rants about status, privilege, and what the protagonist (and presumably the author) sees as a lack of moral compass among Asians. Here’s an example:

    I hate grocery shopping by myself, especially when my parents make me come here to Culver Plaza, the Chinatown of Irvine and ergo Orange County. It’s always crowded with Asian people of course, all looking for a wide selection of cheap Asian goods. Now when I say cheap, I don’t mean just the price; I also mean the quality. Many people are aware of lead toys manufactured in China, but not many are aware of cadmium-laden kitchenware, which has been linked to birth defects and cancer; or chopped up pieces of bleached cardboard in frozen wontons; or contaminated, toxic pet food that has killed a copious number of animals here in the United States; or milk and baby formula laced with melamine, a banned industrial chemical, the same chemical used in the contaminated, toxic pet food; or the extreme levels of formaldehyde normally for embalming dead bodies used in clothing, and unbelievably, also in noodles, which prompted the shutdown of one of the biggest noodle manufacturers in China. Not to mention the complete violation of human rights and the advocacy of slave labor, but of course, Asians don’t care because it’s always about the money, so ethical and moral values go out the window.

    The story concludes when the protagonist and a fellow Asian student friend prepare to commit suicide because they scored too low on the MCAT.

    Not exactly the feel-good book of the year.

    It’s a stark contrast with Chi’s generally cheerful Facebook page, though the same sense of irony can be found in each.

    He even puts in supplemental material at the end of the book, just in case you didn’t get the message:

    Question: Why would you write a book that’s not true?

    My Answer: This book is a didactic novel, aka literary fiction. But I know what you mean. I wrote this book based on my cognizance and on the lives of others, including my own life. There are people who wouldn’t agree with what I say just like I wouldn’t agree with what they say. Life goes on…

    Question: Why did you write this book?

    My Answer: The suicide rate for Asian Americans is astronomically higher than Caucasians, African Americans, and Latin Americans. In fact, Asian Americans have the highest suicide rate among women. Moreover, two million women attempt suicide in China every year, with many more not counted due to saving face. This needs to change, and I believe my book is conducive as a start for that change. I see too many Asian children indoctrinated and conditioned like overachieving robots, here in the United States and in Asia. This won’t stop until we all work together, as I have luminously delineated in the last chapter (Détente) of my book.

    We will refrain from critiquing the literary value of the novel, or the author calling his own work “luminous,” and note that this, combined with his disenchantment with the current state of politics (and possible job issues, since his resume doesn’t list any paying employer since 2006, unless he was on the Ron Paul payroll in 2008), may start to provide possible motivation for his actions.

    Let’s just say he seems to have some issues.