Archive for the ‘States Rights’ Category

New & Notable Legislation

October 9, 2010

Rep. Brad Sherman (D-CA) introduced legislation for the lame-duck session that would repeal right-to-work laws in 22 states. Currently, workers in those states employed in unionized companies can choose whether to join the union and pay dues. In the other 28 states, known as “forced dues” states, it’s legal for unions to mandate that all workers pay union dues and to fire workers who don’t comply. This is a blatantly obvious power grab by unions and their minions in the Democrat Party. Sherman disguises it as an attempt to level the playing field for “forced dues” states like his native California that “have to compete with the race to the bottom as our companies have to compete with those where the workers would like better wages, working conditions and benefits but are unable to organize to get them.”

Sherman is either incorrect or just plain lying about the fact that workers in right-to-work states don’t have the right to unionize. Nothing prevents unionizing in these states other than workers’ votes. Furthermore, while he’s correct that California businesses are losing out to right-to-work states, that’s because unions have put such a squeeze on companies to enrich their own bank accounts that many choose not to set up shop there. Others have simply moved to other states.

Rep. Ted Poe (R-TX) introduced legislation that would require the president to deploy a minimum of 10,000 National Guard troops to the southern border in an effort to stem the tide of illegal immigration. “The uniqueness of this,” said Poe, is that the troops “would be paid by the federal government, because everybody says it is the responsibility of the federal government to protect the border. So the federal government will use the resources it already has to pay for those 10,000 National Guard troops, but they will be supervised by the governors of the four states on the border.”

In other news, the House is waiting on the Senate to take action on some 420 bills it has passed since January 2009. We never thought we’d say it, but we’re thankful for the 111th Senate.

SOURCE

ObamaCare — Would You Like Fries With That Exemption?

October 9, 2010

A silver lining of the Democrat hegemony in Washington has been the massive resurgence of conservative thinking and action among the general public. It certainly would have been nice two or four years sooner, but better late than never.

Given that Republicans can’t possibly win a veto-proof majority in the Senate, the job of cleaning up government will take more than one election cycle. One of the biggest messes is ObamaCare. It remains to be seen whether the GOP has the fortitude to follow through on their pledge to “repeal and replace,” but the resounding defeats this primary season of several incumbent RINOs certainly serve as a motivation.

Democrats up for re-election in three weeks are running from the issue like the plague, and little wonder. This week, it was revealed that 30 companies and organizations received exemptions from the federal requirement to increase the minimum annual benefits for low-cost health plans. Unless they were granted exemptions, McDonald’s and other companies that offer so-called mini-med plans threatened to drop their health plans altogether — leaving employees on the government dole. The biggest waiver was granted to the United Federation of Teachers Welfare Fund, which is a union in New York City that provides health coverage for city teachers.

According to USA Today, “Without waivers, [these] companies would have had to provide a minimum of $750,000 in [medical insurance] coverage next year, increasing to $1.25 million in 2012, $2 million in 2013 and unlimited in 2014.” Of course, all this was predicted by those of us who understand basic free-market economics.

Meanwhile, in keeping with the “radical” notion that the federal government cannot force people to purchase things, voters in three states will decide this fall whether to tell the federal government to stay out of their health care decisions. If passed, the initiatives in Arizona, Colorado and Oklahoma will allow those states to opt out of ObamaCare. A similar initiative already passed in Missouri with an impressive 71 percent of the vote.

Naysayers, such as Oklahoma’s Democrat Gov. Brad Henry, call the initiative fruitless, saying that even if it “passes by 100 percent,” the feds could overturn it because federal law trumps state law. In effect, the governor is saying that ObamaCare is inevitable, so we shouldn’t even bother to fight. But this isn’t true. According to what Jon Caldara of Colorado’s Independence Institute calls that “pesky 10th Amendment,” there are several instances in which the federal government is required to yield to the will of the sovereign states. The attorneys general of 20 other states are suing on that principle.

Other opponents of the initiative argue that this collective lawsuit makes the ballots redundant and not worth the costly legal battle that’s sure to follow. However, Caldara and others fighting for health care choice point out that even if this multi-state lawsuit is successful, the federal government could then pressure states to adopt programs similar to the one in Massachusetts. The problems with that system, and its parallels with ObamaCare, are well documented.

The road to repeal hit another major roadblock Thursday when U.S. District Judge George Caram Steeh, a Clinton appointee, rejected the argument that the individual mandate to buy health insurance is unconstitutional. According to Steeh, the interstate commerce clause really does cover everything.

Quote of the Week

“[ObamaCare’s] march to the sea is only beginning and the trail of destruction will grow. The last six months have seen 2011 premium increases as high as 9% due to ObamaCare; multibillion-dollar corporate writedowns by Verizon, AT&T, Caterpillar and others; disruption in the insurance markets leading to the erasure of child-only policies and other types of specialty coverage as shown in the McDonald’s imbroglio; the Administration beginning to impose price controls on premiums; insurers withdrawing private options from Medicare Advantage; and Democratic protection of a 1099 tax reporting mandate that will slam small businesses. Republicans should be repeating all of these tangible harms in a litany, while predicting the damage to come.” —The Wall Street Journal

SOURCE

Epic Fail obama: American Civilian Gunned Down In Cold Blood On Mexican Border

October 8, 2010

Obama has still not responded to the heartbreaking and shocking news of last week’s murder of American civilian David Hartley. “How many more American citizens have to die?” said Texas Governor Rick Perry as he challenged Washington to get its act together.

Hartley and his wife Tiffany were jet skiing on Falcon Lake, which straddles the Texas border between the U.S. and Mexico. While they were sight-seeing they were savagely ambushed and attacked without provocation by Mexican pirates. The pirates swooped in mercilessly on speed boats and gunned down David Hartley in cold blood. Tiffany was unable to recover her husband’s body after he was shot in the head, and she fled the attackers back to the U.S side of the lake in order to get help.

Tell The Congress No Amnesty – Secure the Border NOW!
SELECT HERE – Stop Amnesty – Defend Arizona

The pirates are believed to be a part of Mexican drug cartels which are notoriously active in the area. Cartel violence and the entire U.S.-Mexico border are so out of control now that the Mexican government has finally dispatched its military to deal with the gangs. However, the Mexican military seems to have no effect on the brutal cartels.

What has Obama done about escalating U.S. losses? Nothing but post signs telling Americans to stay away from border areas on U.S. soil and RUN AWAY from killers in our own backyard!!! Well, I guess even a jet ski is just not fast enough.

This savage killing is just another tragic result of the Obama administration not securing the border and leaving U.S. citizens defenseless to completely unacceptable and totally avoidable murders known to be perpetrated by ruthless Mexican drug runners.

Just last spring Rancher Robert Krentz was killed by an illegal alien believed to have ties to the drug cartels on his own land. Krentz’ murder was the flashpoint which ignited the controversial Arizona immigration enforcement legislation signed into law by the Governor of AZ and promptly stayed by the Obama Justice Department. The outrage over the open border has only grown since then. Americans want the border sealed and the flow of illegal criminals, thugs and drugs pouring over the border stopped!

However, the Obama administration has done nothing to combat this crisis. The safety of American citizens relies on signs posted 70 miles inside the border saying that American soil is no longer safe and AMERICAN CITIZENS are not allowed on their own land. This is an unprecedented act of cowardice, ceding sovereign U.S. territory to alien banditry, and Obama is the first American President to ever passively and preemptively concede American land to foreign terrorists.

Governor Perry is right to be outraged! He is doing everything he can to make sure the body of David Hartley is recovered. Mexican authorities aren’t allowing U.S. officials to enter the Mexican waters of Falcon Lake to aid the search. Mexico City district attorney Marco Antonio Guerrero Carrixales said recently that they, “are not certain that incident happened the way that they are telling us.” Tiffany Hartley is convinced, as are many others, that Obama could bring more pressure on the Mexican government to exert itself against the cartels to recover the body. Governor Perry responded by saying, “I find it really reprehensible for anyone, U.S. or Mexican, to speak otherwise” about Tiffany’s claims.

Perry has again beseeched Washington for more troops and support on the border. He spoke to Homeland Security Secretary Janet Napolitano’s chief of staff on Tuesday and made a request for 1,000 National Guard troops for the Texan-Mexican border — a request that was promptly denied.

Washington cares more about its political standing with a country that can’t even police itself than for the safety and security of its own citizens. They should be ashamed of themselves. How many innocent Americans have to be murdered before Obama acts? In any other time these killings and invasions would constitute an act of war. All American citizens ask for is a closed and secure border, so we can safeguard the people of this country.

Obama and the Democrats have already put the Amnesty wheels in motion as orders are out to scuttle ICE raids of companies hiring illegal workers, remove key elements of 287G policies that give local law enforcement the ability to arrest illegal aliens, and to set the stage for the in-take processing of millions of illegal aliens so as to grant mass AMNESTY TO ILLEGALS.

Obama lied to Governor Jan Brewer of AZ in the Oval Office. Obama committed to present details within two weeks of meeting Gov. Brewer, regarding his plans for sending National Guard troops to the Arizona border and spending $500 million on border security.

Well, time’s been up for MONTHS, Obama did nothing, and CONGRESS in fear of facing their constituents at home passed a head-fake border security “beef-up” bill that will wallow in bureaucratic limbo. Gov. Brewer is not waiting for Obama to do the job. And neither are the rank-and-file officers and employees of ICE Enforcement and Removal — who have passed a unanimous “Vote of No Confidence” in their Obama- appointed Director, John Morton! Obama’s biggest action has been in retreat — in surrender to the Mexican Invasion he put up new Federal border signs warning Americans to stay away, as he cannot protect them if they travel within southern Arizona. More signs will no doubt be shipping into Texas, next!

AZ and TX need your help – do not leave them to defend the border alone!

Gov. Brewer has stated, “We need action from the federal government, not signs ceding sovereign U.S. territory to international drug cartels and human smugglers.” Brewer sent a letter to Obama outlining her Four-Point Border Action Surge Strategy. This strategy contains most actions advised in the 2005 Norwood Minuteman Report, and the Minuteman Civil Defense Corps Project has been calling for these vital actions to be implemented for 5 years — and whole-heartedly supports them TODAY. As Gov. Brewer enumerated in her Four-Point Strategy to Obama:

  1. National Guard Personnel and Aviation
  2. Border Fence
  3. Enforce Federal Law and Appropriately Fund the Effort
  4. Reimburse States for the Additional Burden of Illegal Immigration

We Say, “Defend AMERICA” — Obama And Feds Do Nothing but Sue AZ!

The tragedy is that the escalating violence in our southern sector could have been prevented years ago, and countless innocent American lives saved, if the federal government had responded to our warnings and recommendations, and had acted decisively for a secure border patrolled by the National Guard and a border fence! The level of accelerating violence and social chaos that has the President of the United States now ceding our territory to international bandits is the direct responsibility of the United States Government, and its gross dereliction of its duty under the U.S. Constitution.

The Obama Administration was and still is grossly negligent in their sworn oaths of office to protect the sovereignty of the United States. The government did not do its job and was complicit in the act when foreign nationals invade American soil and killed innocent U.S. citizens! And now the situation only worsens, as Obama plays politics with border security, and his Justice Department STOPS Arizona for acting to save American lives, property and sovereignty!

Why is Washington’s response to try to SUPPRESS Arizona’s proper and Constitutional defense of our people and lands from foreign invasion? The Minuteman Civil Defense Corps sounded the alarm 5 years ago and this border crisis could have been prevented if the federal government had done its job!

Support Brewer – DO NOT LET Obama Put More Americans at Risk.

Obama lied to Governor Jan Brewer of AZ in the Oval Office. Obama committed to present details within two weeks of meeting Gov. Brewer, regarding his plans for sending National Guard troops to the Arizona border and spending $500 million on border security.

Well, time’s been up for MONTHS, Obama did nothing, and CONGRESS in fear of facing their constituents at home passed a head-fake border security “beef-up” bill that will wallow in bureaucratic limbo. Gov. Brewer is not waiting for Obama to do the job. And neither are the rank-and-file officers and employees of ICE Enforcement and Removal — who have passed a unanimous “Vote of No Confidence” in their Obama- appointed Director, John Morton! Obama’s biggest action has been in retreat — in surrender to the Mexican Invasion he put up new Federal border signs warning Americans to stay away, as he cannot protect them if they travel within southern Arizona. More signs will no doubt be shipping into Texas, next!

AZ and TX need your help – do not leave them to defend the border alone!

Gov. Brewer has stated, “We need action from the federal government, not signs ceding sovereign U.S. territory to international drug cartels and human smugglers.” Brewer sent a letter to Obama outlining her Four-Point Border Action Surge Strategy. This strategy contains most actions advised in the 2005 Norwood Minuteman Report, and the Minuteman Civil Defense Corps Project has been calling for these vital actions to be implemented for 5 years — and whole-heartedly supports them TODAY. As Gov. Brewer enumerated in her Four-Point Strategy to Obama:

  1. National Guard Personnel and Aviation
  2. Border Fence
  3. Enforce Federal Law and Appropriately Fund the Effort
  4. Reimburse States for the Additional Burden of Illegal Immigration

We Say, “Defend AMERICA” — Obama And Feds Do Nothing but Sue AZ!

The tragedy is that the escalating violence in our southern sector could have been prevented years ago, and countless innocent American lives saved, if the federal government had responded to our warnings and recommendations, and had acted decisively for a secure border patrolled by the National Guard and a border fence! The level of accelerating violence and social chaos that has the President of the United States now ceding our territory to international bandits is the direct responsibility of the United States Government, and its gross dereliction of its duty under the U.S. Constitution.

The Obama Administration was and still is grossly negligent in their sworn oaths of office to protect the sovereignty of the United States. The government did not do its job and was complicit in the act when foreign nationals invade American soil and killed innocent U.S. citizens! And now the situation only worsens, as Obama plays politics with border security, and his Justice Department STOPS Arizona for acting to save American lives, property and sovereignty!

Why is Washington’s response to try to SUPPRESS Arizona’s proper and Constitutional defense of our people and lands from foreign invasion? The Minuteman Civil Defense Corps sounded the alarm 5 years ago and this border crisis could have been prevented if the federal government had done its job!

Support Brewer – DO NOT LET Obama Put More Americans at Risk.

But please, remember what is at stake — the security, the safety, the sovereignty — very possibly the very survival of not just Americans, but America herself.

For more information go to www.MinutemanHQ.com

Edited to cut out the spam, and constant begging for bucks. Which made up for a lot of the story!

Clear the Bench Colorado Press Release

October 7, 2010

Clear The Bench Colorado invites comparison: our Evaluations vs. the ‘Commission on Judicial Performance’ “reviews”

Contact Matt Arnold: director@clearthebenchcolorado.org or 303-995-5533

Clear The Bench Colorado invites comparison: our Evaluations vs. the ‘Commission on Judicial Performance’ “reviews”

Colorado voters are being subjected to a barrage of big-money, special-interest advertising on judicial retention elections this year – as decried in editorials from the New York Times and other media sources across the country, as well as in other news coverage statewide.Special-interest groups are spending tens (if not hundreds) of thousands of dollars attempting to influence Coloradans to vote their way on the question of whether to retain incumbent judges (including three incumbent Colorado Supreme Court justices facing “stiff opposition” as they seek an additional 10-year term in office).

There’s just one problem with this narrative – and why you haven’t heard about it in the mass media.

All of this special-interest money is being spent in Colorado to prop up the judicial incumbents

Legal establishment special-interest groups are spending tens (if not hundreds) of thousands of dollars to convince Colorado voters that “all is well” with state courts – promoting the farcical rubber-stamp “reviews” conducted and published by the commissions on judicial “performance.”

Why are the “reviews” not a reliable source of information on judicial performance?

1. The “reviews” do not distinguish between good and bad judicial performance – and almost ALWAYS recommend a “retain” vote for the judges ‘reviewed.’ Colorado Commission on Judicial Performance Evaluations (CCJPE) Executive Director Jane Howell confirms that, over the decades-long history of the review process, Colorado Supreme Court justices “reviewed” by the commissions have received a “retain” vote 100% of the time.

(Similarly, Court of Appeals judges have also received a 100% “retain” recommendation, while all judges at other levels have received “retain” recommendations 99% of the time).

Even Fidel Castro and the late Saddam Hussein didn’t receive that level of “retain” votes!

(Although Colorado has plenty of good judges, at many levels – they’re not all that good.)

2. The “reviews” – published as a 5-paragraph narrative, only one paragraph of which even pretends to address actual judicial “performance” – provide very little substantive information on which to base an informed decision. The review criteria are shallow (“timeliness”, ‘orderliness’ and “demeanor”) rather than substantive and performance-based. The level of “evaluation” is more like a kindergarten report card (“Benny is punctual, keeps his area neat & tidy, and plays well with others” ) rather than a serious look at judicial performance.

A Denver Post guest commentary written by a former State Judicial Performance Commissioner provided an insightful critique of the current process several months ago.

3. The “reviews” provide NO information on how the justices actually voted in important constitutional cases – rulings which have had a tremendous (and highly negative) impact on Colorado citizens.

Where can voters get substantive analysis of the performance of Colorado Supreme Court justices?

Clear The Bench Colorado has conducted an exhaustive analysis of Colorado Supreme Court decisions addressing important constitutional issues of interest to the greatest number of Colorado voters.

We invite voters to compare and contrast our  Evaluations of judicial performance with the “reviews” perpetrated by the ‘performance’ commissions (and foisted upon voters, at great taxpayer expense and without opposing views, as is otherwise required by law for other ballot questions) in the “Blue Book.”

We are confident that discerning voters will find our  Evaluations of much greater value.

Voters deserve to be provided with more extensive, informative, and useful information on which to base their voting decisions.  “The high marks received by each justice through the system of evaluation in place” are NOT an endorsement of the justices, but rather  an indictment of the weakness and inadequacy of the judicial performance review process.  Despite the genuinely hard work and good intentions of the majority of the judicial performance review commissioners, the process (and end-products) are perhaps endemically flawed.

There has been a failure of real performance evaluation and a lack of analytical content in the write-ups for the voters.  If narratives provide meaningful information about how a justice has decided cases, there will be accountability and the system will work as it is designed to do.  Too often in the past, narratives have amounted to complimentary resumes instead of job performance evaluations.  Some commentators and observers have denigrated the narratives as a “rubber stamp” exercise for retaining judges.

The ultimate responsibility – and authority – rests with the voters.  Clear The Bench Colorado urges all Colorado citizens to become informed about how the Colorado Supreme Court has aided and abetted assaults on their rights (and wallets!) with a consistent pattern of not following the Constitution where it doesn’t agree with their own personal agenda – and drawing the necessary and logical conclusions.

 

Would it be comical if your daughter or your son or your niece or nephew was lying in the street dead?

October 2, 2010

The travesty of the Obama Administration ahd the Federal Government in their persistent failure to enforce U.S. law on illegal aliens has resulted in more American deaths near the southern border.

This time, the Mexican drug cartels have illegally invaded certain areas of the American southwest (with absolutely no action by the federal government) set up shop to engage in drug running and weapons trafficking, the murder of U.S. citizens, and in some areas human smuggling.. .
According to the El Paso (Texas) Times:
“Authorities confirmed Wednesday that two Mexican drug cartels have made their way into southern Doña Ana County.
“An ongoing investigation into Mexican drug- and weapons-trafficking organizations has resulted in four seizures totaling more than $400,000, authorities said.
“The investigation is “absolutely … related to two drug cartels operating out of Juárez,” Doña Ana County sheriff’s investigator Bo Nevarez said.
“Most recently, $40,000 in U.S. currency was seized in an overnight operation targeting a Mexico-bound car the night of Sept. 23.”
In another major development, the increasing deadly violence against Americans on our own soil is of great concern to residents in our border states.  Michelle Malkin reports that as TV personality Stephen Colbert appeared before the Democrat-controlled Congress to make a mockery of the push to stop illegal immigration, the citizens who actually live in the area are dead-serious about the problem.  The reason?  Their lives are at stake.
Malkin posts a letter to Colbert written by the aunt of a young U.S. citizen who was gunned down by an illegal alien:
“Dear Stephen Colbert,
“In preparing this open letter to you, I am literally fighting back the tears! It truly breaks my heart that so many people in positions of power and authority continue to make light of illegal immigration!
“Are you aware of, and/or concerned with the fact, that American citizens and legal immigrants are murdered everyday by illegal aliens? Have you ever spent one second thinking about that?
“In speaking to Congress today, do you think you would have prepared anything different if one of your love ones was murdered by an illegal alien? You think you would make fun of this illegal alien invasion if you lost a loved one to this crime?
“What if your mother was shot in the head by an illegal alien? Do you think you could make that funny? What about your children? Would it be comical if your daughter or your son or your niece or nephew was lying in the street dead, shot in the head, by someone living in this country illegally?”  (Excerpt).
Add this to what we already know about the federal government essentially turning over U.S. land to illegal alien Mexicans near the southern border, the order from the White House for the military not to apprehend or detain illegals, and the continued deadly attacks on Americans, and it is clear that the U.S., under this Democrat/Marxist controlled regime, is turing the country into an unmitigated disaster.
Be sure to catch my blog at The Liberty Sphere.

It’s just too bad that Anthony and Fred can’t make up. They would be a team to be reckoned with…

Mayor Bloomberg blasts Tea Party, describes it as often irrational, ‘not a political movement’

October 2, 2010

Mayor Bloomberg blasts Tea Party, describes it as often irrational, ‘not a political movement’.

Too busy waging class warfare to care

October 2, 2010

Desperate Democrats Head for Home

Pelosi can see the election from her House

Amid the mortifying prospect of having to face the voters in one month, congressional Democrats voted to abandon ship and head for home. They hope to boost their poll numbers and stem the Republican tide, but their odds aren’t good. The unfinished business they left won’t help, either.

The House vote to adjourn was 210-209, a cynically calculated margin that gave House Speaker Nancy Pelosi (D-CA) the deciding vote. Vulnerable Democrats staged a minor revolt as 39 of them voted to stay in session in order to extend the Bush tax cuts, which are an issue, of course, because Democrats forced a sunset provision on them in 2001 and 2003. Democrats are willing to “sunset” tax cuts but not spending tax dollars on unconstitutional boondoggles.

One imperiled Democrat, Rep. Zack Space (D-OH), said, “I think that small business, big business, individuals, have a right to expect some certainty. The longer we keep this [tax issue] open, the more uncertainty there is. Our economy is such that I don’t think we can afford that. I just think we need to deal with this. That’d be the responsible thing.” Forty-seven House Democrats signed on to a letter to Pelosi urging the extension of all the Bush tax cuts, and yet only 39 saw fit to vote against adjournment, thereby possibly letting them expire. Hmm.

Of course, Pelosi, Majority Leader Steny Hoyer (D-MD) and other Democrats are too busy waging class warfare to care. As White House adviser David Axelrod spins it, Republicans are “going to have to explain to their constituents why they’re holding up tax cuts for the middle class. And I think it’s an untenable position to say, ‘We’re going to allow your taxes to go up on January 1st unless the president agrees to give tax cuts to millionaires and billionaires.'” In truth, Democrats would rather taxes go up on everybody than to suffer the “rich” (i.e., small business owners) to keep what’s theirs.

Instead of addressing taxes and taking that back to their constituents, the Senate likewise voted to adjourn, and Congress will hold a two-week lame-duck session beginning Nov. 15. Before they fled the swamp, both chambers passed a stopgap measure to fund the government until Dec. 3. After all, with the fiscal year having started today, this fear-stricken Congress has yet to pass any of the 13 appropriations bills for 2011. Apparently, voter anger over skyrocketing deficits hasn’t fallen on completely deaf ears.

Democrats are prioritizing a series of leftist wish-list items they want to ram through in that lame-duck session, including repealing Don’t-Ask-Don’t-Tell, providing citizenry for American-born children of illegal immigrants, extending unemployment benefits (already at 99 weeks), continuing a freeze of cuts for doctors’ Medicare reimbursement payments, etc. However, there’s little chance that many of these items will see the light of the debate floor, considering that all of them failed at some stage already. Still, Democrats seem determined to go out in a blaze of glory.

SOURCE

The opposition to our Health Care Choice Amendment – Amendment 63?

October 2, 2010

What follows was edited do to late posting, and a misspell! Sorry Jon!~ 🙂

Strange Anti-Health Care Choice Bedfellows: Who’s been funding the opposition to our Health Care Choice Amendment – Amendment 63? 90% of their funding comes from Washington, DC and most of that from the unions. The SEIU, the government workers union, the NEA, and the AFL-CIO are the biggest contributors by far. Good to know that the national teachers union realizes fighting Health Care Choice in Colorado is good for, um, education? I guess if educational choice is bad for kids, health care choice would be too.

Watch my latest health care debate on TV tonight! I will be on Colorado Public Television channel 12 right after my own show Devils Advocate ends to debate our right to health care choice initiative – Amendment 63. The debate is airing on “Colorado Decides 2010” at 9pm. I will be debating Edie Sonn, Director of the Colorado Medical Society who happens to oppose the repeal of Obama Care. (Spoiler alert: the bald guy wins).

Last week’s health care choice debate here: Rocky Mountain PBS (channel 6) aired a debate I had with T.R. Reid about Amendment 63 – Colorado’s Right to Health Care Choice last week. Did I mention my opponent T.R. is a Princeton-educated sycophant of collective health care? He was the “reporter” who did that completely unbiased PBS Frontline report on how every other country is the world has a better health care system than the US. Yeah… so check out the debate online here.

Great New Education Movie! Great New Education Movie! The school system is failing our kids on a massive scale, that much is evident. But are enough people motivated to take the right kind of action and fix it? The new movie “Waiting for Superman” should open many eyes with the story of five inner-city kids whose lives hang in the balance of a charter school lottery. Perhaps that’s why the unions and status quo interest groups have attacked the movie. Waiting for Superman opened nationally this past Friday, but mark your calendars for the October 15 Colorado premiere. Until then, check out little Eddie’s post for more information and a look at the theatrical trailer.

How to Save a Billion Dollars: Colorado taxpayers are on the hook for more than $1 billion in unfunded liabilities incurred in the defined benefit retiree health plan administered by the Public Employee Retirement Association (PERA). An additional $79 million in unfunded liabilities was incurred in 2008. These are just some of the findings by Independence Institute Senior Fellow Barry Poulson in his potent new issue paper, “How to Save a Billion Dollars in Other Post Employment Benenfit Costs.” In it, Barry lays out the looming fiscal crisis driven by, among other things, flawed actuarial assumptions by PERA, and outrageously optimistic assumptions (which have failed to be realized) about the rate of return on assets held in the Health Care Trust Fund. If saving a billion dollars seems like pie in the sky to you now, give Barry’s paper a shot and find out how it can be done.

PJ O’Rourke Book Signing Event! Because PJ was so much fun last year for our annual Founders Night, we decided to bring him back for an event at Jackson’s Bar and Grill in LoDo on Monday, October 4th from 6 to 8pm. He will be signing copies of his book “Don’t Vote, It Just Encourages the Bastards.” If you’d like to join us, RSVP to Mary MacFarlane by calling us at 303.279.6536 or emailing Mary at mary@i2i.org.

The Right to Earn a Living Event: The Independence Institute, Liberty on the Rocks, and the CATO Institute invite you to join us for an evening with Timothy Sandefur, Adjunct Scholar at the CATO Institute and Principal Attorney – Pacific Research Institute for a book signing of “The Right to Earn a Living.” We’ll be having the event at our Independence Institute offices in Golden on Thursday, October 7th at 5:30pm. If you’d like to join us, RSVP to Mary MacFarlane by calling us at 303.279.6536 or emailing Mary at mary@i2i.org.

Must see TV: What’s it like for Republicans running for Congress against incumbent Democrats in the age of Obama and a Democratic majority? To find out, tune in to Devil’s Advocate this Friday as I am joined by Colorado Republican candidates for Congress Ryan Frazier, Cory Gardner, Mike Fallon and Stephen Bailey. That’s TONIGHT, October 1st at 8:30 PM on Colorado Public Television 12. Re-broadcast the following Monday at 1:30 PM. And remember to stay tuned right after Devil’s Advocate for my debate over the Health Care Choice Amendment.

Must hear podcast: Education policy analyst Ben DeGrow deconstructs the $10 billion Edujobs bailout passed by Congress in August, noting that the policy not only seriously overestimated the need to curb teacher layoffs and ignored other available solutions but also discriminated against charter schools. It remains unclear exactly when and how Colorado school districts will use the funds to hire and rehire employees. Listen to this podcast on iVoices.org.

Perspective: In this week’s op-ed, Linda Gorman stresses the importance of Amendment 63 – the Right to Health Care Choice – ability to protect Colorado citizens from the mandates found in Obama Care. Colorado citizens already face dozens of mandates imposed by our state, the last thing we need is the grandaddy of all mandates to buy a health insurance, whether we like it or not, coming down from the federal government. Read here as Linda Gorman explains how Amendment 63 will stop DC.

Until next week…

Straight on

Jon Caldara

Colorado tosses out it’s own Constitution!

September 30, 2010

Judge’s ruling against judicial reform group Clear The Bench Colorado undermines transparency, accountability in judicial retention vote

Judge’s ruling favors entrenched incumbents and big-money special interests

Contact Matt Arnold: director@clearthebenchcolorado.org or 303.995.5533.

Judge’s ruling against judicial reform group Clear The Bench Colorado undermines transparency, accountability in judicial retention vote

Judge’s ruling favors entrenched incumbents and big-money special interests

Late last Friday afternoon, Clear The Bench Colorado was stunned by the news that Administrative Law Judge Robert Spencer (as an executive branch employee, answerable to the governor and not subject to a retention vote himself) set aside the documentary evidence, testimony by Clear The Bench Colorado Director Matt Arnold along with the Elections Division director at the Colorado Secretary of State’s office AND the clear letter of the law to rule in favor of “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) in what the same judge had earlier characterized as a “frivolous, groundless, & vexatious” attack (er, “campaign finance complaint”).

Despite reliance on over a year’s worth of guidance issued by the office of Secretary of State (as confirmed in numerous documents and in witness testimony provided in hearings on 15 September) reached after “numerous” internal policy meetings and much research that Clear The Bench Colorado was, is, and ought to be properly characterized as an “Issue Committee” under campaign finance rules; CTBC’s scrupulous compliance with all rules, regulations, and reporting requirements for over a year; and dismissal of CEW’s earlier complaint as “frivolous, groundless, and vexatious” – the judge changed course and found for CEW in their latest round of attacks, changing the rules in the final quarter of play.

Changing the rules at such a late date – mail ballots go out at the same time Clear The Bench Colorado has been directed to re-file as a political committee – and in direct contravention of the guidance upon which CTBC has relied for well over a year makes a mockery of the process of citizen civic engagement.  As noted by Clear The Bench Colorado lead attorney Scott Gessler,

“That’s just crazy, that ruling,” said Gessler. “What kind of crazy system is that, when you can’t trust what the Secretary of State tells you? [This ruling] means you have to hire a lawyer to do anything- to get involved at all in the political process.” (Colorado Independent, 9/25/2010)

From documentation provided by the office of Secretary of State:

Colorado campaign finance and Judicial retention

While judges are considered “candidates” for the purpose of campaign finance law in Art. XXVIII Sec. 2(2) of the Colorado Constitution, the question of the retention of a judge is a yes-or-no question.  Therefore, a committee organized for the purpose of advocating the retention or removal of a judge is advocating for a yes or no vote on that question, rather than advocating for the election or defeat of a candidate.  A committee organized for such a purpose is akin to a committee advocating for (or against) the recall of an elected official, which would register an issue committee under 1-45-108(6), C.R.S.  To that end, a committee established for the purpose of supporting or opposing the retention of a judge or judges is properly registered as an issue committee for campaign finance purposes.  Such an entity would not be considered a political committee, because political committees are established for the purpose of “support[ing] or oppos[ing] the nomination or election of one or more candidates” (Art. XXVII Sec. 2(12)(a)).  [emphasis added]

Adding insult to injury, the judge’s ruling is granting “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) more time to pay Clear The Bench Colorado what they’ve owed since July than time for Clear The Bench Colorado to re-file under “political committee” status or to appeal the ruling.

Naturally, Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) is trumpeting the ruling as a great victory, declaring in a press release Friday:

“The law does not permit a wealthy few to unduly influence the judicial retention process through large contributions against judges and justices whose rulings they don’t like.  Ethics Watch prevailed today in setting precedent to keep big money out of judicial elections…”

Ironically, the ruling “achieves” the exact opposite: big-money special interests will now be more prone to attempt to influence judicial retention elections behind the scenes, using vehicles other than the open and accountable “Issue Committee” organization types such as Clear The Bench Colorado.

In fact, big-money legal establishment special-interest groups are already active this year in promoting a “retain” vote for judicial incumbents (including, prominently, the three Colorado Supreme Court justices appearing on the ballot this year).  They’re just significantly less honest about their intentions…

In a campaign that has been conspicuous for its LACK of big-money interests and “large contributions” (Toro is whining about two – TWO! – contributions exceeding $500), acting with complete transparency and absolute accountability to educate voters as to their right to hold judicial incumbents accountable for their performance in office, and to shed light on the records of judicial incumbents at the highest levels in order to provide substantive information on which voters can base an informed decision, CEW’s attacks (and the judge’s ruling in this case) do the Colorado electorate a great disservice.

CEW’s Toro is right about one thing: “Judges are… subject to corruption” via the influence of big-money special interests keeping them in office.

The expenditure of tens of thousands (if not hundreds of thousands) by legal establishment special-interest groups comprised of the very lawyers appearing before the judges they are supporting in office is much more likely to exert “undue influence” and raise the potential for “quid pro quo” corruption.

The Colorado Bar Association (COBAR) has already spent over $50,000 this last month (by their own admission) joining three other legal establishment special-interest groups (likely spending a similar amount, although the exact figures have not been made publicly available) in mounting an “education” campaign (electioneering without using the “magic words” of “vote yes” or “vote NO“) to prop up incumbent judges and justices.   In one month alone, they’ve spent more than CTBC has in a year.  Combined, these special interests are spending hundreds of thousands of dollars in television, radio, and print ads providing “nonpartisan information about the performance of judges seeking retention” that, curiously, ALL supports a “retain” vote.

Another effort, sponsored by prominent Democrat attorney Mark Grueskin and other partisan attorneys (the “Colorado Judiciary Project”) is also spending large amounts (again, because this group formed as a “social welfare organization” their expenditures are NOT publicly available) supporting the judicial incumbents before whom they argue cases.  Conflict of interest?  Nah!

Ironically, these legal special-interest efforts come on top of hundreds of thousands of taxpayer dollars used to produce and distribute the one-sided and shallow “evaluations” perpetrated by the (taxpayer-funded) commissions on judicial performance evaluation – which, again, advocate 100% of the time to “retain” Colorado Supreme Court justices in office.

NONE of these expenditures – hundreds of thousands of dollars to promote the retention of judicial incumbents in office – are transparent and accountable to the public.

Did Friday’s ruling really succeed in “setting precedent to keep big money out of judicial elections…”?

Hardly.   It just provided cover for the big money that’s already comfortably ensconced in the process – erecting additional roadblocks to shedding light on the fact, and restoring accountability to the judiciary.

Clear The Bench Colorado has been consistently open, honest, and above-board in educating the public, and has scrupulously followed the rules under Colorado campaign finance laws for well over a year.  Forcing CTBC to re-file under a different set of rules – changed in the final quarter – makes a mockery of justice.

Yet another reason that now more than ever – it’s time to Clear The Bench, Colorado!

http://www.clearthebenchcolorado.org/

“[I want to] remind our base constituency to stop whining: epic fail obama

September 29, 2010

Pigs are not only wearing lipstick, they are flying!

With friends like these… “People need to shake off this lethargy. People need to buck up. … If people now want to take their ball and go home, that tells me folks weren’t serious in the first place. … It is inexcusable for any Democrat or progressive right now to stand on the sidelines in this midterm election. … The idea that we’ve got a lack of enthusiasm in the Democratic base, that people are sitting on their hands complaining, is just irresponsible.” –Barack Obama hammering his own base in an interview with Rolling Stone

“[I want to] remind our base constituency to stop whining and get out there and look at the alternatives. This president has done an incredible job. He’s kept his promises.” –Joe Biden on the same talking points

“And so those who don’t get — didn’t get everything they wanted, it’s time to just buck up here, understand that we can make things better, continue to move forward and — but not yield the playing field to those folks who are against everything that we stand for in terms of the initiatives we put forward.” –Joe Biden

“We have an electorate that doesn’t always pay that much attention to what’s going on so people are influenced by a simple slogan rather than the facts or the truth or what’s happening.” –Sen. John Kerry (D-MA), another snotty elitist lecturing voters

The GOP’s best friend: “[I]f we allow this to be a referendum on whether people are happy where they are now, we’ll lose.” –Joe Biden

But on the other hand: “I guarantee you we’re going to have a majority in the House and a majority in the Senate. I absolutely believe that.” –Biden

Patronizing: “There are strains in the Tea Party that are troubled by what they saw as a series of instances in which the middle-class and working-class people have been abused or hurt by special interests and Washington, but their anger is misdirected.” –Barack Obama

“[Fox News has] a point of view that I disagree with. It’s a point of view that I think is ultimately destructive for the long-term growth of a country that has a vibrant middle class and is competitive in the world.” –Obama in the Rolling Stone interview

On fiscal responsibility: “What I’m seeing out of the Republican leadership over the last several years has been a set of policies that are just irresponsible, and we saw in their Pledge to America a similar set of irresponsible policies. … [Although GOP leaders] say they want to balance the budget, they propose $4 trillion worth of tax cuts and $16 billion in spending cuts, and then they say we’re going to somehow magically balance the budget. That’s not a serious approach.” –Barack Obama, who must consider Republicans amateurs when it comes to blowing money.

SOURCE