Posts Tagged ‘obamacare’

ObamaCare Has Revealed The Moral Bankruptcy Of The Senate

January 7, 2010
ObamaCare Has Revealed The Moral Bankruptcy Of The Senate
— It’s time for us for to repeat this loudly and often

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://gunowners.org

Thursday, January 7, 2010

Here’s where we’re at on socialized health care.  The House and Senate have passed ObamaCare bills, but the two versions are very different.  So, the bill can’t go to the President until they iron out the differences.

Make no mistake about it.  This legislation moves us down the road towards socialism, and it will result in even more gun owners being disqualified from owning firearms.

We need to regroup and renew our efforts to kill ObamaCare — an outcome which is still very doable.

Now, repeat this phrase over and over:  A MORAL CESSPOOL.

If we are going to defeat the anti-gun ObamaCare legislation, these words are going to have to be repeated millions of times over the next month.

The U.S. Senate has become a moral cesspool.

The U.S. Senate has become a moral cesspool.

The U.S. Senate has become a moral cesspool.

Why is this refrain so important?  There are several reasons why, but consider this:  Throughout this fight over ObamaCare, Senators have lied about guns… they’ve lied about the deficit… they’ve lied about the costs of health insurance premiums and how the bill will affect senior citizens.  They have lied over and over to their constituents about all these issues.

That’s why it’s time that we tell Democrat Senators how corrupt their vote for ObamaCare really was.  Obviously, they won’t agree.  So let each Senator make the argument that, “I am not a crook.”

That argument never wins elections.

Already, Democrat Representatives and Senators are either switching parties or announcing their retirements.  They know the American people are disgusted with the moral bankruptcy of the U.S. Congress — a situation that has become obvious to anyone who watches the nightly news.

Consider the following despicable practices which were perpetrated in order to push ObamaCare through the Senate last month:

1. Lies

* For months, Senators claimed there were no anti-gun provisions in the ObamaCare legislation.  But everyone knew they were lying.  So last month, a provision was inserted into the Senate bill which claims to allay the concerns of gun owners — but leaves the most important problem unremedied.  If they weren’t lying to begin with, then why try to fix what they claimed wasn’t there?

* Senators are now insisting that the current Senate health bill protects the rights of gun owners, even though this version would still allow the BATFE and FBI to troll through the ObamaCare database for gun owners who would be disqualified because of their medical information.  This could result in millions of Americans — who are suffering from PTSD and other similar conditions — being put into the NICS system and denied the right to buy firearms.

2. Bribes

* A $100 million bribe to treat Sen. Ben Nelson’s state different from all others, in exchange for Ben Nelson’s vote.

* A $100-300 million bribe to treat Sen. Mary Landrieu’s state different from all others, in exchange for Mary Landrieu’s vote.

* $10 billion for community health centers operated by groups similar to ACORN, in exchange for Sen. Bernie Sanders’ vote.

* A bribe to Sen. Max Baucus in order to treat Libby, Montana, different from any other town.

* A bribe to Sen. Chris Dodd consisting of a $100 million medical center in Connecticut.

* Bribes to Sens. Kent Conrad, Brian Dorgan, Bill Nelson, etc., etc., etc.

* In fact, there are so many bribes in the Senate version of the ObamaCare bill that the bribe-meister himself, Majority Leader Harry Reid, publicly bragged that if your senator doesn’t have a bribe in this bill, it “speaks poorly” of him.

3. Extortion

* Threats to take away Sen. Joe Lieberman’s chairmanship because of his opposition to the government run “public option.”

4. Fraud

* Senators are claiming that the Senate-passed version reduces the deficit, even though:

a. $247 billion of the bill’s costs are being snuck through in separate legislation;

b. The “savings” rely on $465 billion of Medicare “cuts,” which no one believed were achievable; and

c. The “savings” rely on making new taxes take effect 3-5 years before any of those tax monies are spent.

* Senators are claiming that the bill would make Medicare solvent — but this claim can only be made by fraudulently double-counting the effects of the phony Medicare cuts.

* Senators are claiming that health care costs would be brought under control, when the government’s own Center for Medicare and Medicaid Services found that costs would go up $245 billion.

* Senators are claiming that premiums would be brought under control, even though the Congressional Budget Office found that policies under the “exchange” (i.e., those policies which you would have to buy, under penalty of law) would be 10-13% more expensive than if Congress did nothing.

5. Secrecy

* The final version of the 2407-page bill wasn’t revealed until less than 48 hours before Congress began voting on it.

Now that the Christmas holidays are behind us, we need to get back to work.  Please take the time to contact your Senator, so that we can protect the rights of gun owners by defeating socialized medicine.

ACTION: Over the next month, the term “moral cesspool” needs to become part of the political lexicon.  Below, you will find that two sample communications are attached — one for Democrat Senators, the other for Republicans.

So please send your letter, and then get your relatives, your friends, your neighbors, your gun clubs, churches, etc., to do the same.

You can use the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send a pre-written message to your Senators — the appropriate e-mail will automatically be sent to your Senator, based on whether he or she is a Republican or Democrat.

—– Pre-written letter for Democrat Senators —–

Dear Senator:

The U.S. Senate has become a moral cesspool, and you need to begin doing something about it before this whole country is sacrificed on the altar of the Senate’s moral decay.

I am disgusted with the lies, bribes, and fraud which you have advocated by voting for the Senate ObamaCare legislation:

* Millions of American taxpayer dollars were spent in the states of Ben Nelson, Mary Landrieu and Chris Dodd to obtain their votes.  In fact, so many bribes were shelled out that the chief bribe-meister, Harry Reid, publicly bragged that if a senator doesn’t have a bribe in this bill, it “speaks poorly” of him.

* The Senate bill was passed on the claim that the Reid bill reduces the deficit, even though:

a. $247 billion of the bill’s costs are being snuck through in separate legislation;

b. The “savings” rely on $465 billion of Medicare “cuts,” which no one believed were achievable; and

c. The “savings” rely on making new taxes take effect 3-5 years before any of those tax monies are spent.

* Senators claimed that health care costs would be brought under control, when the government’s own Center for Medicare and Medicaid Services found that costs would go up $245 billion.

* Senators also claimed that premiums would be brought under control, even though the Congressional Budget Office found that policies under the “exchange” (i.e., those policies which you would have to buy, under penalty of law) would be 10-13% more expensive than if Congress did nothing.

There is still time to change course.  I implore you to change your vote on ObamaCare.

Sincerely,

—– Pre-written letter for Republican Senators —–

Dear Senator:

Thank you for voting against the ObamaCare fiasco.

For months, Senators claimed there were no anti-gun provisions in the ObamaCare legislation.  But everyone knew they were lying.  So last month, a provision was inserted into the Senate bill which claims to allay the concerns of gun owners — but leaves the most important problem unremedied.

Some Democrat Senators are now claiming that the current Senate health bill protects the rights of gun owners, even though this version would still allow the BATFE and FBI to troll through the ObamaCare database for gun owners who would be disqualified because of their medical information.  This could result in millions of Americans — who are suffering from PTSD and other similar conditions — being put into the NICS system and denied the right to buy firearms.

Bottom line:  Please do everything in your power to kill the ObamaCare legislation.  What can you, as a senator, do about this?

Please take away the incentive that the suicidal Democrats have for selling their votes on ObamaCare for posh nominations in the Obama administration after they are defeated at the polls or retire.

You can do this by announcing you will place a “hold” on the nominations of Blanche Lincoln, Evan Bayh, Chris Dodd, Brian Dorgan, and Michael Bennet — nominations which will inevitably be made next year as a payoff for their votes on behalf of ObamaCare.

It’s time that the bribes stopped, and you can make this happen.

Sincerely,


Second Amendment March

Larry Pratt, GOA’s Executive Director, will be speaking at the Second Amendment March. The March will take place April 19, 2010 in Washington, DC.  All gun rights supporters are urged to attend this massive, free event.  Satellite marches are also being planned for state capitals around the country.

For details, click the banner on the GOA website.

2010: Second Amendment in the crosshairs

January 4, 2010

Lots of issues will be on the table this coming year, and none will be more important than those that surround The Second Amendment. It is, after all is said and done that which protects the rest of the entire Bill of Rights.

The Epic Fail Administration and cohorts have shown what utter contempt they hold for the American people as well as the rule of law in their handling of the obamacare fiasco. Not to mention that while all that “debate” was unfolding the obamanites sold out America’s Sovereignty. Read about that HERE, HERE, HERE, HERE, and yes more HERE! Strong work Anthony!

The sheer arrogance of the current administration and Congress would be mind boggling, that is, if the strategy were not so transparent. I submit that they are well aware of what will happen come Judgment Day 2010. Their plan,as it were, is to do as much lasting damage to the United States as they possibly can in a short time, and to stack the Supreme Court and other Federal Courts to achieve what ever lasting effect they can shove down our throats.

Then we have this, from the dog that fetched the bone…

The Second Amendment faces a decisive year in 2010. Attorney General Eric H. Holder Jr. has called for new semi automatic gun bans despite their decade long record of fraud and failure, and despite his own Justice Department’s failure to fully or even half heartedly prosecute federal firearm felonies. Mr. Holder and Secretary of State Hillary Clinton have demonstrated their willingness to use cooked statistics to blame Mexico’s violent drug war on Americans and their Second Amendment rights. Anti gun leaders in Congress have introduced bills to ban guns, license gun owners, register guns, tax bullets, serialize ammunition, shut down gun shows and a hundred other schemes. They’re still there, proposing every nonsensical gun law they can imagine that only affect law abiding citizens, while criminals go about their evil business unfettered. Meanwhile at the United Nations, global citizen disarmament nongovernmental organizations (NGOs) and freedom fearing dictatorships worldwide maneuver to impose their will on you through international treaties. But it is a new year. And, in a very crucial way, 2010 may be a year unlike any other in American history when the Second Amendment could, finally and truly, be recognized as a right for all Americans.

Read About It: The Washington Times
SOURCE

Legalized Prostitution : The U.S. Senate and Congress

December 24, 2009

Legalized prostitution comes in many forms, and the attention whores that makeup a majority in the Senate and Congress are no different than the crack whore’s on Colfax Avenue in Denver.

Whether the pay off is in a lighter sentence, or approval from their pimp I see little difference between an honest prostitute and a politician that sells virtue period. But? They can have their uses, and just like a street cop using a confidential informant a politician can be used toward the greater good when surrounded by evil. Read on:

Gun Owners of America Wins a Skirmish on ObamaCare

— Trumpets recent victory to be grateful for this Christmas

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102
Springfield, VA 22151
703-321-8585
www.gunowners.org

“Score one for the Gun Owners of America ….” Slate, December 20, 2009

Wednesday, December 23, 2009

You guys have a lot to be thankful for this Christmas. Our efforts together in lobbying against ObamaCare have netted some positive gains, and that has the political left up in arms.

The writers at the ultra-liberal Slate magazine are beside themselves that an organization like the Gun Owners of America was able to move the Senate to include protections for gun owners.
According to Slate on December 20:

Score one for the Gun Owners of America, a lobby group positioned well to the right of the National Rifle Association…. [T]o pacify GOA, Senate Majority Leader Harry Reid (who represents the gun-loving state of Nevada has inserted into his “manager’s amendment” a section titled “Protecting 2nd Amendment Gun Rights.” It states that no wellness program implemented under health reform may require disclosure or collection of any information relating to gun ownership.

Medical information has already been used to deny — without due process or trial by jury — more than 150,000 military veterans the right to buy firearms.

Senator Reid tries to appease Gun Owners; leaves naysayers out on a limb

In the face of all this abuse, Senator Reid was pressured by GOA and his constituents into making a face-saving move. He wanted to silence the pro-gun community’s objections, so he took steps to strip the bill of any gun rights concerns.

But what a delicious irony this created. Prior to Senator Reid’s Second Amendment “fix,” many Senators had been telling their constituents for months that there were no Second Amendment concerns in the ObamaCare legislation — and now, Senator Reid left them out on a limb.

“There is no mention of ‘gun-related health data’ anywhere in the Senate’s health reform bill, and there is nothing in the bill that would result in any such data being reported to the government,” said Senator Bob Casey (D-PA) to one constituent. “I support the Second Amendment and will continue to uphold the rights of law-abiding citizens to own firearms.”

Senator Casey supports the Second Amendment? What a laugh! Has Senator Casey seen his voting record on the GOA website? This year, he’s voted wrong on gun issues over 70% of the time.

Then there’s Democrat Senator Jeff Bingaman of New Mexico: “It is my understanding that there is no discussion within the Senate concerning firearms in relation to health care.  Please be assured I will keep your comments in mind as the Senate debates comprehensive health care reform.”

Senator Bingaman, will you really keep the views of your constituents in mind? If so, then why did you vote for the ObamaCare bill? After all, more than 60% of the American people oppose it!

To listen to these and other liberal Senators, you would think there were no Second Amendment concerns in President Obama’s signature piece of legislation. But then, lo and behold, Senator Reid included language in his substitute amendment that totally undercut these Senators’ excuses.

GOA lobbying saves gun owners from bureaucratic mischief

Slate then goes on to lament the other victory that GOA scored:

[G]un owners also won another provision forbidding private insurers participating in the bill’s exchanges from charging higher premiums, or denying coverage, or denying wellness discounts on the basis of gun ownership. Unlike the previous section, this one doesn’t place a restriction on what government may do. It places a restriction on what the private sector may choose to do on its own. It inhibits that most holy of right-wing sacred cows: free enteprise [sic].

The socialists at Slate magazine hate free enterprise so much, they can’t even spell the word correctly. It’s reminiscent of the Fonz from Happy Days trying unsuccessfully years ago to get the words “I was wr-wr-wrong” out of his mouth.

Yes, it’s true that GOA won a victory in this area. But GOA’s opposition to the “wellness” regulations was not driven by an effort to help big business, as it was totally driven by opposition to GOVERNMENT REGULATION that would impinge upon gun owners.

Every draft of the ObamaCare legislation on Capitol Hill would give Health and Human Services Secretary Kathleen Sebelius tremendous regulatory power. And in early versions of the Senate bill, the anti-gun Sebelius could very well have mandated that gun ownership is an activity so dangerous that your insurance coverage needed to be suspended.

The Reid “fix” prohibits companies from charging insurance premiums that would impinge upon “lawful” gun owners, but this will leave millions of gun owners in the cold — specifically, those honest Americans who cannot legally own firearms in Chicago, Washington, D.C., and New York City.

Slate, of course, didn’t pick up on these loopholes in the Reid compromise, but then, you can’t expect a liberal cheerleader for the Obama machine to be overly careful about analyzing a Democrat-sponsored bill.

So the bottom line? Yes, thanks to your constant pressure, Gun Owners of America won a skirmish in the battle against socialized health care and gained some protections for gun owners.

But also remember that the ObamaCrats never really had our interests in mind and that they never really solved all the Second Amendment problems in the health care bill. Again, even with the Reid “fix,” it’s still possible that ATF agents could troll through your medical information and send that data to the FBI, who in turn, could use it to deny honest Americans their right to keep and bear arms — similar to the 150,000 military veterans who have now lost their gun rights.

The Senate is expected to vote on final passage of the ObamaCare bill tomorrow. The bill is expected to pass, but the fight is far from over. So please stay tuned, as Gun Owners of America will continue to keep you abreast of the latest developments.

Thanks again for all your activism this year. It really makes our job a whole lot easier.

Have a Merry Christmas!

————————————

Not a member yet of Gun Owners of America Please activate your membership for 2010 by going to http://gunowners.org/ordergoamem.htm and joining the only “no-compromise gun lobby” in Washington!

What’s that Smell?

December 23, 2009

Dave Kopel’s latest newsletter (see the link on the blog roll) unloads yet again with logic and reason. Bits and snips, with links below.

To subscribe to this free e-mail newsletter, please send a request to:
kopelnewsletter@liberty.seanet.com

Aiming for Liberty

David Kopel
Merril Press
December 4, 2009
http://www.amazon.com/Aiming-LIberty-Present-Freedom-Self-Defense/dp/0936783583/davekopel-20/
http://search.barnesandnoble.com/Aiming-for-Liberty/David-B-Kopel/e/9780936783581/?itm=2

Videocast on Aiming for Liberty

Dave Kopel with Jon Caldara
Independent Thinking, KBPI 12, Denver
November 27, 2009
http://www.youtube.com/view_play_list?p=EB5652D760AC2EAB
http://www.youtube.com/watch?v=XaJgIjxmFdQ
http://www.youtube.com/watch?v=mymokhfqhJk
http://www.youtube.com/watch?v=Ud36zktV3F8
http://www.youtube.com/view_play_list?p=EB5652D760AC2EAB

Dave and Independence Institute President and program host Jon Caldara discuss his new book on this KBPI television broadcast, now available on YouTube. Part 1 is here: http://www.youtube.com/watch?v=XaJgIjxmFdQ, Part 2, here: http://www.youtube.com/watch?v=mymokhfqhJk and Part 3, here: http://www.youtube.com/watch?v=Ud36zktV3F8. The playlist with all three is here: http://www.youtube.com/view_play_list?p=EB5652D760AC2EAB

New Law Review Articles by Kopel

The Right to Arms in the Living Constitution

David B. Kopel
Cardozo Law Review de Novo, Forthcoming; U. Denver Legal Studies Research Paper No. 09-34
December 17, 2009
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1524103

“This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with �lite legal opinion, except for a period in part of the twentieth century.”

The Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich

David B. Kopel with Clayton E. Cramer
Widener Law Journal, Vol. 19, 2010, forthcoming
December 19, 2009
http://ssrn.com/abstract=1502925

Kopel and Cramer examine the historical underpinnings of historian Nathan Kozuskanich’s claim that the right to arms in the 1776 Pennsylvania constitution only guaranteed a right to serve in the commonwealth’s militia.

Kopel on the Health Bill

Health Bill and Gun Ownership

David Kopel
The Volokh Conspiracy
November 24, 2009
http://volokh.com/2009/11/24/health-bill-and-gun-ownership/

Dave responds to a putative rebutal of his concerns that the Government’s expanded role in health care may lead to ‘wellness programs’ that preclude firearms ownership.

Is the Senate health plan anti-gun?

Susan Ferrechio
The Washington Examiner
November 24, 2009
http://www.washingtonexaminer.com/politics/71875287.html

Ferrechio’s article includes Dave’s concern that a government putting itself in charge of people’s health may decides that habits such as firearms ownership are prohibitively expensive.

What’s that Smell?

Dave Kopel
America’s 1st Freedom
December, 2009
http://davekopel.org/2A/Mags/ACORN.htm

“Nearly everyone has heard of the corruption-plagued organization ACORN. Yet many gun owners are unaware of the organization’s strong anti-gun activities and ties.”

Missouri Court Upholds Statute Against Gun Possession While Intoxicated

David Kopel
The Volokh Conspiracy
November 20, 2009
http://volokh.com/2009/11/20/missouri-court-uphelds-statute-against-gun-possession-while-intoxicated/

“In the 1979 case People v. Garcia, the Supreme Court of Colorado dealt with a similar statute. The ruled that the statute only applied to ‘actual or physical control.’ So if a person is drunk in his living room, and owns a gun which is stored in his downstairs closet, the statute would not apply. The Missouri decision is consistent with the Colorado standard, since Richard actually was possessing the handgun.”

Bloggingheads TV on Moses as the essential American hero

David Kopel
The Volokh Conspiracy
November 10, 2009
http://tinyurl.com/ybn3ton

Dave here agrees with Bruce Feiler’s argument, in an interview on Robert Wright’s BloggingHeadsTV, that Moses is a figure of great interest as an exemplar to some of America’s most influential leaders.

United States v. Skoien

United States Court of Appeals for the 7th Circuit
November 18, 2009
http://www.ca7.uscourts.gov/tmp/TL1FFWAJ.pdf
PDF files require Adobe Acrobat Reader or similar software.

The decision refers to Dave’s work on Heller on p.7, note 2.

Another Good Night for the Second Amendment

David Kopel
The Volokh Conspiracy
November 4, 2009
http://volokh.com/2009/11/04/another-good-night-for-the-second-amendment/

“In sum: A bad night for advocates of gun show restrictions. Another fine night (as were election nights 2006 and 2008) for Democrats with A ratings from NRA. And good news for Second Amendment advocates in blue New Jersey and purple Virginia.”

Will the Arms Trade Treaty Provide Effective Embargos on Human Rights Violators?

David Kopel
The Volokh Conspiracy
November 2, 2009
http://volokh.com/2009/11/02/will-the-arms-trade-treaty-provide-effective-embargos-on-human-rights-violators/

“Thus, the ATT might, at most, lead to more nominal embargos of arms; but nothing in an ATT can have greater force in international law than a Security Council order already does. Accordingly, the ATT will be of little or no use in achieving its purported objective. To the contrary, the ATT may be positively harmful, since it will probably declare a ‘right’ of governments to acquire arms. This ‘right’ could be used to claim that arms embargos outside the ATT system (e.g., unilateral embargos by the US, or the EU) are violations of international law.”

The Most Important Right to Arms Vote of 2009

David Kopel
The Volokh Conspiracy
November 4, 2009
http://volokh.com/2009/11/04/the-most-important-right-to-arms-vote-of-2009/

“Repeal of the Canadian registry would, accordingly, be of tremendous global significance. Repeal would also shatter the claim by the Canadian gun prohibition lobby that gun control in Canada is an irreversible ratchet.”


Kopel on McDonald v. Chicago

The Kopel Amicus Brief

Brief Summary of the Kopel Brief

David B. Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/kopel-brief-in-mcdonald-v-chicago/

Here is a brief summary of the complete amicus brief, linked below, that Dave has written for the case of McDonald v. Chicago

Amicus Brief in McDonald v. Chicago: On Behalf of the International Law Enforcement Educators and Trainers Association, Et Al.

David B. Kopel
Independence Institute; Denver University, Sturm College of Law
November 22, 2009
http://ssrn.com/abstract=1511425

Here is a link to the full text of Dave’s brief on this important post-Heller case.

McDonald v. Chicago

Dave Kopel with Jon Caldara
Dave Kopel’s Second Amendment Podcast
December 1, 2009
http://audio.ivoices.org/mp3/iipodcast353.mp3

Kopel and Caldara discuss Dave’s completed amicus brief and the importance of this case.

JoshCasts: Interview with Dave Kopel on McDonald v. Chicago

Dave Kopel with Josh Blackman
Josh Blackman’s Blog
November 23, 2009
http://joshblackman.com/blog/?p=2540

Here’s a podcast in which Law Clerk and Blogger-Tweeter Josh Blackman interviews Dave about the McDonald v. Chicago brief.


Dave’s Blogging on the Other Briefs in McDonald v. Chicago

Congressional brief in McDonald v. Chicago

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/congressional-brief-in-mcdonald-v-chicago/

Here is Dave’s reaction to the Congressional brief filed in the McDonald case. “Counsel of Record is former Solicitor General Paul D. Clement. Much of the brief recapitulates the lengthy historical record of congressional action (including but not limited to Reconstruction) to protect the individual right to arms from federal or state infringement.”

Academics for the Second Amendment brief in McDonald

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/academics-for-the-second-amendment-brief-in-mcdonald/

“Well before Reconstruction, the Second Amendment was considered to be mainly a guarantee of a right to own and carry guns for personal protection. Back in 1998, I wrote a hundred-page article, The Second Amendment in the Nineteenth Century, 1998 BYU Law Review 1359, which focused mainly on cases and treatises. Olson/Hardy/Cramer have gone further, and brought forward extensive evidence about the understanding of the public and of elected public officials.”

McDonald amicus: Don’t trust Fairman and Berger

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/mcdonald-amicus-dont-trust-fairman-and-berger/

“Erik S. Jaffe has written a very interesting brief for the CalGuns Foundation. In short, the argument is: ‘Charles Fairman’s and Raoul Berger’s Work on Fourteenth Amendment Incorporation of the Bill of Rights Is Deeply Flawed, Inaccurate, and Should Not Be Relied Upon by this Court.’ ”

Cato brief in McDonald v. Chicago

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/cato-brief-in-mcdonald-v-chicago/

“An outstanding brief, as one might expect. The bulk of the brief (21 pages, comprising Part I) shows that from the Founding Era into through the framing of the Fourteenth Amendment, national citizenship was paramount to state citizenship. Part II briefly argues that Slaughterhouse violated canons of constitutional construction such as by interpreting the Privileges or Immunities Clause to make it nothing more than a reiteration of the Supremacy Clause.”

Institute for Justice brief in McDonald v. Chicago

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/institute-for-justice-brief-in-mcdonald-v-chicago/

“The most important part of the brief is Part III, which begins: ‘To enslave a class of people requires three basic things: destroy their self-sufficiency, prevent them from fighting back, and silence any opposition.’ The brief then goes on to argue that the the Court should resist suggestions that it hold that the Privileges or Immunities clause makes the first eight amendments applicable against the states, but does nothing else.”

McDonald amicus briefs: Academics, Congress Redux, and California District Attorneys

David Kopel
The Volokh Conspiracy
November 25, 2009
http://volokh.com/2009/11/25/mcdonald-amicus-briefs-academics-and-congress-redux/

“The new Kates-Ayers brief begins with a survey of the 17th-18th century philosophical view, with which the American Founders agreed, that self-defense was among the most fundamental of all rights, that it was also a duty, and that the right necessarily implied the right to use arms in self-defense.”

Privileges or Immunities Extravaganza

David Kopel
The Volokh Conspiracy
December 21, 2009
http://volokh.com/2009/12/21/privileges-or-immunities-extravaganza/

“The Question Presented by the Court asked if the bans should be considered unconstitutional under the Fourteenth Amendment’s Due Process clause, or under the Privileges or Immunities clause. There’s been plenty of interesting scholarship recently on Privileges or Immunities. Here’s a guide to some of the most important articles.”


More of Dave’s Podcasts on the Case

Interview with Alan Gura

Dave Kopel with Alan Gura
Dave Kopel’s Second Amendment Podcast
December 7, 2009
http://audio.ivoices.org/mp3/iipodcast358.mp3

Here is Dave’s lengthy (50 minutes) interview with Alan Gura, the lead attorney in the Heller case, now involved in McDonald v. Chicago.

McDonald v. Chicago: Is the 2nd Amendment Incorporated in the 14th Amendment? An Explanation of the Basic Constitutional Issues in the Case.

Dave Kopel with Jon Caldara
Dave Kopel’s Second Amendment Podcast
December 7, 2009
http://audio.ivoices.org/mp3/iipodcast349.mp3

Dave and Jon Caldara discuss Dave’s early work on his amicus brief, and the issues and precedents at stake in McDonald v. Chicago.

Stephen Halbrook Christmas Special.

Dave Kopel with Stephen Halbrook
Dave Kopel’s Second Amendment Podcast
December 17, 2009
http://audio.ivoices.org/mp3/iipodcast362.mp3

Kopel interviews Stephen Halbrook, the leading legal defender of the Second Amendment over the last three decades. 53 minutes.

More available at the sidebar link!

Arrogance and hypocrisy

December 23, 2009

The prostitutes in the Senate need a message sent to them loud, and clear. Get ready for the unemployment line you bunch of whores.

President Obama’s Saturday radio address was almost mystifying in its arrogance and hypocrisy. His own words underscore the need for the Read the Bills Act.

Please tell Congress to delay passing healthcare legislation until the people have had a chance to read it. And tell them to pass the Read the Bills Act.

This is what I wrote in my letter . . .

President Obama’s Saturday radio address claims that because a “clear majority” in the Senate favors the latest slapped-together healthcare bill, that the opposition should just give up. http://tinyurl.com/ybnyoly

President Obama ignores the glaring fact that no “clear majority” of the American people favors these schemes. If anything, a slight majority opposes them. http://www.rttnews.com/ArticleView.aspx?Id=1158932&SMap=1

Should Congress ignore the will of the people? If the people are split on a bill that will reduce their liberties and transform the economy, is it wise for you to blindly move forward on a 2,000 page bill you won’t actually read?

Obama goes further to say that anyone who criticizes insurance regulations “simply hasn’t read the bills.”

But that’s the point!

Give us a chance to read the bills!

The Senate has kept introducing and withdrawing so many proposals that it’s hard to figure out whether the latest bill has even been posted online.

And, we don’t know what scandalous back-room deals have found their way into the bill.

Obama arrogantly assumes that he has the votes and that the debate should be over.

But how do we know if the debate should be over if we don’t know the contents of the bill?

I demand that Democrats and Republicans agree to take some time to consider this bill. It is extremely shallow and immature to stick to an arbitrary Christmas deadline. Instead, Democrats and Republicans should come together and introduce the Read the Bills Act. This will bring sanity back into the process.

But if Democrats insist on ramming this bill through, I encourage Republicans to employ every “delaying” tactic available to them, including having bill read aloud.

If nothing else, this will give the people a chance to actually read the bill.

END LETTER

You can send your message using our Educate the Powerful System. https://secure.downsizedc.org/etp/campaigns/27

We also invite you to join the Read the Bills Act Coalition. Membership will help build awareness about RTBA, and in return we will list your site on our main page. You can learn more at the DownsizeDC.org site: http://www.downsizedc.org/coalition

Today we welcome 3 new members to the Coalition:

Finally, since December 1 Congress has passed a total of 59 bills totaling 2,581 pages. You can see the bills below my signature in the blog version of this Dispatch: http://tinyurl.com/ykxtvdk

James Wilson
Assistant Communications Director
DownsizeDC.org

Technical Night Before Christmas

December 19, 2009
The things that you get from an Engineer!
AS YOU READ THROUGH THIS VERSION OF THE FAMOUS CHRISTMAS TALE, I THINK 
YOU'LL
COME TO THE SAME CONCLUSION I HAVE. IT MUST HAVE BEEN WRITTEN BY THE 
CONGRESSMEN
WHO WROTE THAT 2000 PAGE HEALTH CARE BILL. ROA
 
> Technical Night 
Before Christmas
>
> 'Twas the Night Before Christmas' as written by 
a technical
> writer for a firm that does Gov't 
contracting...
>
> 'Twas the nocturnal segment of the diurnal period 
preceding
> the annual Yuletide celebration, and throughout our place 
of
> residence, kinetic activity was not in evidence among the
> 
possessors of this potential, including that species of
> domestic rodent 
known as Mus musculus. Hosiery was
> meticulously suspended from the 
forward edge of the wood
> burning caloric apparatus, pursuant to our 
anticipatory
> pleasure regarding an imminent visitation from an 
eccentric
> philanthropist among whose folkloric appellations is 
the
> honorific title of St. Nicholas.
>
> The prepubescent 
siblings, comfortably ensconced in their
> respective accommodations of 
repose, were experiencing
> subconscious visual hallucinations of 
variegated fruit
> confections moving rhythmically through their 
cerebrums. My
> conjugal partner and I, attired in our nocturnal 
head
> coverings, were about to take slumberous advantage of the
> 
hibernal darkness when upon the avenaceous exterior portion
> of the 
grounds there ascended such a cacophony of dissonance
> that I felt 
compelled to arise with alacrity from my place
> of repose for the purpose 
of ascertaining the precise source
> thereof.
>
> Hastening to 
the casement, I forthwith opened the barriers
> sealing this fenestration, 
noting thereupon that the lunar
> brilliance without, reflected as it was 
on the surface of a
> recent crystalline precipitation, might be said to 
rival
> that of the solar meridian itself - thus permitting my
> 
incredulous optical sensory organs to behold a miniature
> airborne 
runnered conveyance drawn by eight diminutive
> specimens of the genus 
Rangifer, piloted by a minuscule,
> aged chauffeur so ebullient and nimble 
that it became
> instantly apparent to me that he was indeed our 
anticipated
> caller. With his ungulate motive power travelling at 
what
> may possibly have been more vertiginous velocity than
> 
patriotic alar predators, he vociferated loudly, expelled
> breath 
musically through contracted labia, and addressed
> each of the octet by 
his or her respective cognomen - "Now
> Dasher, now Dancer..." et al. - 
guiding them to the
> uppermost exterior level of our abode, through 
which
> structure I could readily distinguish the concatenations 
of
> each of the 32 cloven pedal extremities.
>
> As I 
retracted my cranium from its erstwhile location, and
> was performing a 
180-degree pivot, our distinguished
> visitant achieved - with utmost 
celerity and via a downward
> leap - entry by way of the smoke passage. He 
was clad
> entirely in animal pelts soiled by the ebony residue 
from
> oxidations of carboniferous fuels which had accumulated on
> 
the walls thereof. His resemblance to a street vendor I
> attributed 
largely to the plethora of assorted playthings
> which he bore dorsally in 
a commodious cloth receptacle.
>
> His orbs were scintillant with 
reflected luminosity, while
> his submaxillary dermal indentations gave 
every evidence of
> engaging amiability. The capillaries of his malar 
regions
> and nasal appurtenance were engorged with blood which
> 
suffused the subcutaneous layers, the former approximating
> the 
coloration of Albion's floral emblem, the latter that of
> the Prunus 
avium, or sweet cherry. His amusing sub- and
> supralabials resembled 
nothing so much as a common loop
> knot, and their ambient hirsute facial 
adornment appeared
> like small, tabular and columnar crystals of frozen 
water.
>
> Clenched firmly between his incisors was a smoking 
piece
> whose grey fumes, forming a tenuous ellipse about his
> 
occiput, were suggestive of a decorative seasonal circlet of
> holly. His 
visage was wider than it was high, and when he
> waxed audibly mirthful, 
his corpulent abdominal region
> undulated in the manner of impectinated 
fruit syrup in a
> hemispherical container. He was, in short, neither more 
nor
> less than an obese, jocund, multigenarian gnome, the optical
> 
perception of whom rendered me visibly frolicsome despite
> every effort 
to refrain from so being. By rapidly lowering
> and then elevating one 
eyelid and rotating his head slightly
> to one side, he indicated that 
trepidation on my part was
> groundless.
>
> Without utterance 
and with dispatch, he commenced filling
> the aforementioned appended 
hosiery with various of the
> aforementioned articles of merchandise 
extracted from his
> aforementioned previously dorsally transported 
cloth
> receptacle. Upon completion of this task, he executed an
> 
abrupt about- face, placed a single manual digit in lateral
> 
juxtaposition to his olfactory organ, inclined his cranium
> forward in a 
gesture of leave-taking, and forthwith effected
> his egress by 
renegotiating (in reverse) the smoke passage.
> He then propelled himself 
in a short vector onto his
> conveyance, directed a musical expulsion of 
air through his
> contracted oral sphincter to the antlered quadrupeds 
of
> burden, and proceeded to soar aloft in a movement hitherto
> 
observable chiefly among the seed-bearing portions of a
> common weed. But 
I overheard his parting exclamation,
> audible immediately prior to his 
vehiculation beyond the
> limits of visibility: "Ecstatic Yuletide to the 
planetary
> constituency, and to that self same assemblage, my 
sincerest
> wishes for a salubriously beneficial and gratifyingly
> 
pleasurable period between sunset and dawn."

Health Care Hoops: more on obamacare

December 5, 2009

I found this while snooping around Patriot Post (see blog roll) and thought that is was just too good to not post! Enjoy!

NO MORE UNANIOMOUS CONSENT AGREEMENTS: obamacare

December 5, 2009

Contact your Senators now if you haven’t already!

Anti-gun ObamaCare at a Crossroads:
Passage or defeat will depend on whether Senate Republicans pursue a smart or stupid strategy

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102
Springfield, VA 22151
703-321-8585
www.gunowners.org

Friday, December 4, 2009

The spectacle on the Senate floor — in connection with the anti-gun ObamaCare bill — is disgusting.  The Senate is debating socialized health care right now, and some Republicans may be ready to snatch defeat from the jaws of victory.

This alert is long, but it is necessarily so.  Here’s the situation as it stands right now on the Senate floor:

* Harry Reid is pushing a $3 trillion bill with over $500 billion in new deficits.  But he is trying to conceal the deficits with accounting fraud on a scale which would put anyone else in prison for the rest of his life.

* Reid’s bill would restructure the American economy in a way that has not been seen at any time during our lifetimes — but is being shoved down the throats of the American people before they can even comprehend the magnitude of the problem.

* Harry Reid took six weeks to write his legislation behind closed doors, but is trying to force the Senate to pass the bill in no time at all.  FYI, the Constitution envisions an important role for the U.S. Senate in crafting legislation, but nowhere mentions Reid’s “secret” meetings to coerce and bribe senators.

“Okay, okay” you say.  The fact that Harry Reid comes across as a lying politician is not news.  But there is another problem: Republican Leader Mitch McConnell has adopted a losing strategy that will, unfortunately, help speed up the passage of Harry Reid’s anti-gun health care bill.

The Senate can do little without every senator agreeing to do it — or at least not objecting to its being done.  Hence, you hear about “unanimous consent requests.”  This means that every senator agrees to considering a particular amendment or, at least, to voting on it at a particular time.

The thing about these requests is this:  They almost always make it easier for the bill to pass.

Hence, we are at the point where WE SHOULD STOP ALL UNANIMOUS CONSENT AGREEMENTS TO FURTHER REID’S HEALTH CARE FREIGHT TRAIN.  And a single senator can do this by simply saying:  “I object.”

But instead, Mitch McConnell has already started allowing amendments to be offered which will let the Senate Democrats “clean up” the bill … just enough to get it passed by the Senate.

We need to stop this sort of deal making.  We need to stop these requests which grease the skids for Harry Reid’s freight train.

And, in particular, we don’t want to clean up this diabolical monstrosity.  We want to kill it.

So our message?  Kill the bill.  Kill the bill.  Kill the bill.

AND NO MORE UNANIOMOUS CONSENT AGREEMENTS TO FACILITATE THAT BILL’S PASSAGE.

We don’t want Mitch McConnell to try to make himself look good by pretending to be a “non-obstructionist.”  We want Senate Republicans to move heaven and earth to protect Americans from Harry Reid’s scheme of bribery, fraud and dirty politics.

ACTION: Contact your two U.S. Senators.  Tell them to object to any further Unanimous Consent agreements to further the ObamaCare freight train.

You can use the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send a pre-written message to your Senators — the appropriate e-mail will automatically be sent to your Senator, based on whether he is a Republican or Democrat.

—– Pre-written letter for Republican Senators —–

Dear Senator:

Senate Minority Leader Mitch McConnell has agreed to Unanimous Consent agreements which allow for amendments to be offered to ObamaCare — a strategy that will, unfortunately, have the effect of providing Democrats just enough votes to “clean up” this anti-gun bill and get it passed.

We need to stop this sort of request which helps grease the skids for Harry Reid’s freight train.

And, in particular, I don’t want to see this diabolical monstrosity cleaned up in a way that makes the bill just “good enough” to get 60 votes.  This bill would restructure the American economy in a way that has not been seen at any time during our lifetime.  I want to see this bill killed outright.

So my message?  Kill the bill.  Kill the bill.  Kill the bill.  NO MORE UNANIOMOUS CONSENT AGREEMENTS TO FACILITATE THAT BILL’S PASSAGE.

I don’t want Mitch McConnell to try to make Republicans look good by pretending to be “non-obstructionist.”  I want Senate Republicans to move heaven and earth to protect Americans from Harry Reid’s socialist scheme.

Sincerely,

—– Pre-written letter for Democrat Senators —–

Dear Senator:

The spectacle on the Senate floor — in connection with ObamaCare — is disgusting:

* Harry Reid is pushing a $3 trillion bill with over $500 billion in new deficits.  But he is trying to conceal the deficits with accounting fraud on a scale which would put anyone else in prison for the rest of his life.

* Reid’s bill would restructure the American economy in a way that has not been seen at any time during our lifetimes — but is being shoved down the throats of the American people before they can even comprehend the magnitude of the problem.

* Harry Reid took six weeks to write his legislation behind closed doors, but is trying to force the Senate to pass the bill in no time at all.  FYI, the Constitution envisions an important role for the U.S. Senate in crafting legislation, but nowhere mentions Reid’s “secret” meetings to coerce and bribe senators.

Please oppose this diabolical monstrosity.

Sincerely,

Obamanoids try a Drive by Shooting: They should have taken lessons…

December 2, 2009

One thing that you can say about the Crips, Bloods, and MS 13. They get the job done. The obama administration isn’t quite as good as the gang banger’s at what they do when they go after someone, or an organization. First it was the  Fox Network,and now? Gun Owners of America. The SPLC must be reeling at this fiasco after labeling GOA a radical organization… More obama epic fail? I think so. Read on…

GOA Responds to administration attacks

November 25, 2009

The White House is pulling out all the stops to pass ObamaCare, including an attack on Gun Owners of America and the Second Amendment.

Unable to pass a bill that is openly hostile to millions of gun owners, the President and his anti-gun allies are forced to try to attack us through deception.

On the official White House blog, deputy communications director Dan Pfeiffer denied that the health care bill would affect gun owners. After all, he writes, “there is no mention [of] ‘gun-related health data’ or anything like it anywhere in either the Senate or the House bills.”

Well, unlike so many in Congress, GOA attorneys have actually read the bills, something they have been doing since before Mr. Pfeiffer was born.

So, how would this bill attack gun rights?

First of all, the fact that the bills do not mention the words “gun related health data” is meaningless.  Those who know even a little bit about gun law understand the increasing use of statutes which do not mention guns – and common law which was not intended to apply to them – in order to vent hatred for the Second Amendment.

For example, within the past year, the federal district court for the District of Columbia used the National Environmental Policy Act (NEPA) to overturn Bush regulations involving guns in parks. NEPA did not purport to apply to guns.

Increasingly, zoning ordinances are being used to put gun ranges and gun dealers out of business. These ordinances do not mention guns.

Thirty-five jurisdictions have brought lawsuits to try to put gun manufacturers out of business, arguing negligence, product defect, and nuisance law which was not previously thought to apply to guns.

And, over the last decade, veterans suffering from PTSD have been denied the right to purchase a gun.  This was not supposed to happen when the Brady Law was enacted in 1994, but that did not keep Clinton’s Department of Veterans Affairs (VA) from using the law to disarm thousands upon thousands of veterans, without any due process.

Turning to what is written in the health care bill, section 1104 would give the Secretary of Health and Human Services (currently anti-gunner Kathleen Sebelius) broad authority to promulgate rules with respect to “electronic standards.” Subsection (b) (2), for example, amends the Social Security Act to require the Secretary to “adopt a simple set of operating rules … with the goal of creating as much uniformity in the implementation of the electronic standards as possible.” The same section goes on to require health plans to certify, in writing, “that the data and information systems for such plans are in compliance with any applicable standards …” It goes on to provide that a health plan is not in compliance unless it “demonstrates to the Secretary that the plan conducts the electronic transactions … in a manner that fully complies with the regulations of the Secretary … ”

Furthermore, anyone who provides services to a provider must comply as well.  Again, the section requires health plans to certify to the Secretary “in such form as the Secretary may require, … that the data and information systems for such plan are in compliance with any applicable revised standards and associated operating rules … ” The Secretary is authorized to conduct “periodic audits” to insure this is so, and substantial penalties are provided for.

What health-related “gun” data do we fear would be required to be submitted under these rules?  Increasingly, protocols are requiring that kids (and adults) be asked by physicians about loaded firearms in the household. A keyword search by BATF of a federal database created by section 13001 of the stimulus bill – but enforced by the Reid bill – could produce something pretty close to a national gun registry.

In addition, between 115,000 and 150,000 veterans have had their gun rights permanently taken away from them because the VA has appointed a financial guardian for them when they received counseling for common illnesses such as post-traumatic stress disorder – and all of this with no due process or trial in a court of law. Under BATFE regulations promulgated during the Clinton administration, a diagnosis by a psychiatrist in connection with a government program (such as the Education of All Handicapped Children Act, Medicare, etc.) is sufficient to declare the person a “prohibited person” under 18 U.S.C. 922(g) (4).

Hence, BATFE could similarly take the position that a finding of Alzheimer’s, PTSD, or ADHD should result in the loss of gun rights. And, under the Reid bill, this information could be obtained by BATFE under a keyword search of a federal database.

Incidentally, HIPAA’s privacy protections do not apply to law enforcement agencies like BATFE.

Pfeiffer also writes: “NOTHING IN THE SENATE HEALTH REFORM BILL WOULD LEAD TO HIGHER PREMIUMS FOR GUN OWNERS … Section 2717 section [sic] … specifically lists what types of programs would be involved – such as smoking cessation, physical fitness, nutrition, heart disease prevention …”

Well, as any lawyer would know, that list in section 2717 is “inclusive,” but is not “exclusive.”
Section 1201 of the bill (inserting section 2705 into the Public Health Service Act) creates “wellness” programs which allow consideration of behavioral issues in setting premiums and, presumably, determining activities which are so dangerous that coverage might be suspended.

The definition of “wellness” includes some very broad issues, including obesity and “lifestyle.”

But even these broad categories are not exclusive and do not prevent, for example, the consideration of firearms ownership, as State Farm and Prudential have already, on some occasions, done.

Section 1201 specifically prevents consideration of the health of a person for purposes of setting rates, but, for any other “health status factor,” premiums can vary up to 30%, which may be increased to 50% under the discretion of the HHS Secretary. A “reward may be in the form of a discount or rebate of a premium or contribution, a waiver of all or part of a cost-sharing mechanism (such as deductibles, copayments, or coinsurance), the absence of a surcharge, or the value of a benefit that would otherwise not be provided under the plan.”  A “wellness” program qualifies under this section if it “has a reasonable chance of improving the health of … participating individuals.”

One of the more intriguing aspects about the copious fraud which is being promulgated on behalf of ObamaCare is that the liars almost always accompany their deceit with a heaping dose of arrogance.

We have dealt with these self-appointed “experts” before. “Politifact” [sic] called us to assert that only age, family size, and location could be used to set premiums. When we blew their theory out of the water over the phone, using the previous week’s Washington Post as our source, they jettisoned their phony argument and attacked us on other grounds, without giving us an opportunity to respond.

The Obama administration and congressional Democrats have spent the last several months lying to us, trying to defraud us, and working to take away our constitutional rights.  GOA will continue to oppose ObamaCare – as well as any similar plan to slip gun control through the back door.

I choose not to participate. Molon Labe!

As White House talks turkey

December 2, 2009

Well? here we go folks, and yes, this post is aimed at you idiots at AARP that spew stuff, but refuse to allow opposing commentary.

As White House talks turkey on health care …
GOA responds to administration attacks

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102
Springfield, VA 22151
703-321-8585
www.gunowners.org

Wednesday, December 2, 2009

ACTION: As the Senate begins debate on socialized health care this week, the White House is pulling out all the stops to get it passed, including an attack on Gun Owners of America and the Second Amendment.

Please contact your Senators and warn them that a vote in favor of socialized health care will be considered a vote against the Second Amendment.  [A pre-written letter is provided below.]

Why don’t they read the bills?

Last week, as Americans were getting ready to celebrate Thanksgiving, Obama’s spin doctors were still in full combat mode, taking shots at Gun Owners of America.

On the official White House blog, deputy communications director Dan Pfeiffer denied that the health care bill would affect gun owners. After all, he writes, “there is no mention [of] ‘gun-related health data’ or anything like it anywhere in either the Senate or the House bills.”

Well, unlike so many in Congress, GOA attorneys have actually read the bills, something they have been doing since before Mr. Pfeiffer was born.

So, how would ObamaCare attack gun rights?

First of all, the fact that the bills do not mention the words “gun related health data” is meaningless.  Those who know even a little bit about gun law understand the increasing use of statutes which do not mention guns — in order to regulate them nonetheless.

Gun banners love to interpret laws in the most expansive ways

Within the past year, the federal district court for the District of Columbia used the National Environmental Policy Act (NEPA) to overturn Bush regulations involving guns in parks. NEPA did not purport to apply to guns.

Increasingly, zoning ordinances are being used to put gun ranges and gun dealers out of business. These ordinances do not mention guns.

Thirty-five jurisdictions have brought lawsuits to try to put gun manufacturers out of business, arguing negligence, product defect, and nuisance law which were not previously thought to apply to guns.

And, over the last decade, veterans suffering from PTSD have been denied the right to purchase a gun.  This was not supposed to happen when the Brady Law was enacted in 1994, but that did not keep Clinton’s Department of Veterans Affairs from using the law to disarm thousands upon thousands of veterans, without any due process.

ObamaCare gives tremendous authority to anti-gun bureaucrats

Turning to what is written in the health care bill, section 1104 would give the Secretary of Health and Human Services (currently anti-gunner Kathleen Sebelius) broad authority to promulgate rules once ObamaCare becomes law.

For example, the bill requires health plans to certify, in writing, “that the data and information systems [demonstrate] to the Secretary that the plan conducts the electronic transactions … in a manner that fully complies with the regulations of the Secretary.” [Section 1104(b)(2).]

What health-related “gun” data do we fear would be required to be submitted under these rules?  Increasingly, protocols are requiring that kids (and adults) be asked by physicians about loaded firearms in the household. A keyword search by BATFE of a federal database created by section 13001 of the stimulus bill — but enforced by the Senate version of ObamaCare — could produce something pretty close to a national gun registry.

Veterans have already been disarmed without due process

In addition, between 115,000 and 150,000 veterans have had their gun rights permanently taken away from them because the U.S. Department of Veterans Affairs has appointed a financial guardian for them when they received counseling for common illnesses such as post-traumatic stress disorder — and all of this with no due process nor trial in a court of law. Under BATFE regulations issued during the Clinton administration, a diagnosis by a psychiatrist in connection with a government program (such as the Education of All Handicapped Children Act, Medicare, etc.) is sufficient to declare the person a “prohibited person” under 18 U.S.C. 922(g)(4).

Hence, BATFE could similarly take the position that a finding of Alzheimer’s, PTSD, or ADHD should result in the loss of gun rights. And, under the Senate ObamaCare bill, this information could be obtained by BATFE with nothing more than a keyword search of the newly created database.

Incidentally, federal privacy protections do not apply to law enforcement agencies like BATFE.

Higher insurance premiums for gun owners

White House spokesman Dan Pfeiffer also writes: “Nothing in the Senate health reform bill would lead to higher premiums for gun owners …. Section 2717 [specifically] lists what types of programs would be involved — such as smoking cessation, physical fitness, nutrition, heart disease prevention ….”

Well, as any lawyer would know, that list in section 2717 is “inclusive,” but is not “exclusive.”

Section 1201 of the bill creates “wellness” programs which allow consideration of behavioral issues in setting premiums and, presumably, determining activities which are so dangerous that coverage might be suspended.  The definition of “wellness” includes some very broad issues, including obesity and “lifestyle.” But even these broad categories are not exclusive and do not prevent, for example, the consideration of firearms ownership — as State Farm and Prudential have already done on some occasions.

You can use the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send your Senators the pre-written e-mail message below.

—– Pre-written letter —–

Dear Senator:

The White House is refusing to admit the obvious.  The Congressional Budget Office has exposed the fact that the emperor has no clothes, documenting that health insurance premiums will significantly rise if ObamaCare passes.

Similarly, the White House is refusing to admit that its prized piece of legislation could affect gun owners.  The White House is plain wrong.

Please go to http://gunowners.org/ch11252009.htm to see Gun Owners of America’s response to the White House, showing the threat ObamaCare poses to gun rights.

Sincerely,