Category: Behind The Black

“Words no longer have meaning.”

9:17 am

Working for the Democratic Party: The Supreme Court today upheld the Obama administration’s decision to award subsidies under Obamacare to individuals in states lacking a health exchange, even though the law expressly excludes such subsidies.

Justice Antonin Scalia summed up the situation quite nicely in his dissent:

“The court holds that when the Patient Protection and Affordable Care Act says ‘Exchange established by the State’ it means ‘Exchange established by the State or the Federal Government,’ Scalia wrote. “That is of course quite absurd, and the court’s 21 pages of explanation make it no less so.”

He also complained that, “Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State.’ … Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.”

Once again Chief Justice John Roberts voted with the liberal side, indicating again that he is willing to “evolve” to the left, as it seems so many Republican appointees have done in the past.

In the end, the ruling only leaves us where we were before, which means, to get rid of Obamacare, we as citizens are going to have to elect more legislators willing to repeal it, and then get it repealed. Doing that will also help heal the court, which today is very clearly willing to ignore the law to prop up the political positions of the Democratic Party.

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Conservative journalist harassed by customs agents

10:52 pm

Conservative muckraker and video journalist James O’Keefe was told on Monday by custom agents that they intend to harass him every time he crosses the border because he made a video that made their border control work look like a joke.

Read the transcript. The Customs agent clearly tells O’Keefe that they will delay him every time he goes through customs specifically because of his journalist work critical of them.

Why are they wasting their time with this petty stuff? They should simply arrest him and put him in jail already for daring to oppose the will of the government. Isn’t that the politically correct thing to do?

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Construction crews turned back by protesters at Mauna Kea

10:34 pm

Despite an announcement that construction of the Thirty Meter Telescope on the summit of Mauna Kea would resume today, construction crews turned back when faced with protesters who blocked the road at 10,000 foot elevation.

The protesters, who number about 200, left the road when police asked them to, then regrouped further up the road. The caravan came to an abrupt stop at the 10,000-foot level at about 12:30 p.m. because protesters had placed boulders in the road, blocking the vehicles.

Andre Perez, a Hawaiian activist and teaching assistant at the University of Hawaii at Manoa, was among the protesters arrested at about 11:30 a.m. “We have a human right to control our land. This is not American land,” Perez said as police took him away.

The first arrest happened at 8:39 a.m. and police arrested more people as the protest moved up the mountain. [emphasis mine]

First, I want to know exactly when this activist purchased the land, since he claims he has the right to control it. Second, what right does he have to rank himself above everyone else in this matter? Does he consider native Hawaiians superior to non-natives? If so, isn’t that somewhat racist and bigoted?

Finally, based on his own words above I think the activist revealed the true hatred that fuels his actions (as well as his fellow protesters). He really doesn’t care about the mountain’s sacredness. He simply hates the United States and wants to destroy it.

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House conservatives push back against Boehner

9:57 pm

The conflict between the moderate House leadership under John Boehner and the conservative House Freedom Caucus appears to be heating up.

The opening lines of the article are quite intriguing:

The House Freedom Caucus has a secret it wants to share with Democrats. “If the Democrats were to file a motion to vacate the chair [remove Boehner] and were to vote for that motion unanimously, there probably are 218 votes for it to succeed,” one member of the House Freedom Caucus told CQ Roll Call Tuesday night, as he exited an meeting in the basement of Tortilla Coast.

If that’s true, Democrats could certainly use a vote to remove Speaker John A. Boehner as leverage in any number of upcoming battles: the Export-Import Bank, a highway bill, all sorts of spending measures. But absent any real talk from Democrats, the official response from Boehner’s communications director, Kevin Smith, was simply to dismiss CQ Roll Call’s reporter. “Matt Fuller is a prop for Freedom Caucus propaganda,” Smith wrote via email.

What this suggests is that the Freedom Caucus is looking for ways to pressure the House leadership to pay more attention to their concerns instead of Democratic concerns. And if the data from the article is correct and that the caucus’s membership has swelled to as much as 70 members, then Boehner is in deep trouble.

Then again, this could all be a game to make the caucus look more powerful than it is. If it can work out a deal to depose Boehner, however, even if it is weak, it might still be able to get a true conservative Republican named as House Speaker.

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One month after it realized it needed them, IRS erased email backups

4:02 pm

Working for the Democratic Party: One month after the IRS realized it had lost many of Lois Lerner emails demanded by a number of investigations looking into the tax agency’s harassment of conservatives, IRS employees erased the backup tapes for those very emails.

The lost emails were to and from Lois Lerner, who used to head the IRS division that processes applications for tax-exempt status. In June 2014, the IRS told Congress it had lost an unknown number of Lerner’s emails when her computer hard drive crashed in 2011.

The IRS had discovered that the emails were lost in February 2014. A total of 422 computer backup tapes were erased a month later, George says in his testimony. At the time, IRS officials said the emails could not be recovered.

[IRS Inspector General J. Russell] George says the workers were unaware of a 2013 directive from the agency’s chief technology officer to halt the destruction of email backup tapes. The IRS says it has produced 78,000 Lerner emails, many of which have been made public by congressional investigators. George says his investigators were able to recover more than 1,000 additional Lerner emails. However, he said, as many as 24,000 emails were destroyed when IRS employees erased the computer tapes.

And then there is this: “The investigators, however, concluded that employees erased the tapes by mistake, not as part of an attempt to destroy evidence.”

They really do think we are stupid. This scandal has been a major story for several years, one that every IRS employee has got to be aware of. In March 2014 it was an especially hot story, with IRS commissioner John Koskinen about to testify to Congress about it (which is when he revealed the loss of these emails).

For them to continue to routinely destroy backup tapes at that time, and for their bosses to do nothing to stop them, can only because they wanted those tapes destroyed.

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The disaster of state-run Obamacare health exchanges

2:35 pm

Finding out what’s in it: This article, mostly about the impending Supreme Court decision on whether individuals in states with no state-run health exchanges can receive federal health insurance subsidies, contained this significant little bit of information about the overall failure of Obamacare:

Sixteen states and the District of Columbia established state-based exchanges. But more than half of these exchanges are already inoperable or are facing budget shortfalls. Even after spending $4 billion in federal grants, the track records of state-based exchanges have been nothing short of calamitous. In fact, at least three state-based exchange efforts — Maryland, Oregon and Massachusetts — are now the subjects of federal investigations.

This astonishing track record bears repeating: Only 16 out of 50 states chose to create state health exchanges, even though the law stated that by not doing the citizens of the remaining 34 states would not get federal subsidies (the whole point of the Supreme Court case). Yet, of those 16 that did create exchanges, more than half have failed to work or have gone over budget, after wasting more than $4 billion in federal funds. On top of that, three are now under investigation.

And obviously, according to many mainstream press reports, if the Supreme Court upholds the actual language of the Obamacare law — written and voted for solely by Democrats — and voids federal subsidies in the remaining 34 states, it must be the Republicans fault. They had the nerve to not agree to this law, and refused to vote for it!

But then, this all fits in with the modern logic of our cultural elites, who also think a man can be a women and a white person black, merely because they say so.

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Republican-led Senate proposes big budget boost for NIH

9:06 am

This is fiscal restraint? The Senate, under the leadership of the Republican party for the first time since 2006, has proposed a $2 billion increase in the 2016 budget for National Institutes of Health (NIH).

The House Republican leadership hasn’t shown much restraint either, proposing $1 billion boost in the 2016 budget. And this in the context of a flat budget for NIH during the period from 2006 to 2014 when Democrats controlled either both or at least one house of Congress.

Since Congress completed a 5-year doubling of the NIH budget in 2003, the agency’s funding level has fallen more than 20% below the 2003 level after taking into account the rising costs of biomedical research.

This is once again evidence to me that the Republican leadership in Congress really has little interest in reining in the out-of-control federal budget. They talk a conservative game during elections, but when it comes time to write the budgets, the Republicans in charge of committees become spendthrifts to support the pork in the government agencies they are assigned to manage, and are almost always centered in their own districts.

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The icy patches on Comet 67P/C-G

8:48 am

Data from Rosetta’s high resolution camera have identified more than a hundred small patches of ice on the surface of Comet 67P/C-G.

Some of these bright features are found in clusters, while others appear isolated, and when observed at high resolution, many of them appear to be boulders displaying bright patches on their surfaces.

The clusters of bright features, comprising a few tens of metre-sized boulders spread over several tens of metres, are typically found in debris fields at the base of cliffs. They are most likely the result of recent erosion or collapse of the cliff wall revealing fresher material from below the dust-covered surface.

By contrast, some of the isolated bright objects are found in regions without any apparent relation to the surrounding terrain. These are thought to be objects lifted up from elsewhere on the comet during a period of cometary activity, but with insufficient velocity to escape the gravitational pull of the comet completely.

Most of the images from Rosetta’s high resolution camera have been held back so that the project scientists could publish their papers from the data. This release is in conjunction with one of those papers [pdf].

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New images of Pluto

12:06 pm

Latest Pluto images

Cool image time! The two images on the right, taken on June 18 and June 15 respectively, — cropped from a larger collection — show Pluto’s two hemispheres, as best as New Horizons can at the moment resolve them.

While still as fuzzy as pre-space age planetary images, the pictures when compared with earlier images of the same hemispheres now clearly show several consistent features.

Things can only get better. Stay tuned!

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Government celebrates ten years of stealing private land

9:55 am

Today is the tenth anniversary of the Supreme Court decision permitting the town of New London, Connecticut to take land from one private owner so that they can sell it to another private owner.

And what do we have in New London ten years later? An empty field. The town essentially stole the homes of local residences, supposedly a “blighted” neighborhood, so they could tear the homes down and replace them with an empty abandoned lot.

Government marches on!

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Ted Cruz outlines why he now opposes fast track trade

9:14 am

In an op-ed Senator Ted Cruz (R-Texas) has outlined why he will now vote against giving President Obama fast track trade authority.

Why does Republican Leadership always give in to the Democrats? Why does Leadership always disregard the promises made to the conservative grassroots?

Enough is enough. I cannot vote for TPA unless McConnell and Boehner both commit publicly to allow the Ex-Im Bank to expire—and stay expired. And, Congress must also pass the Cruz-Sessions amendments to TPA to ensure that no trade agreement can try to back-door changes to our immigration laws. Otherwise, I will have no choice but to vote no.

Combine this with the increased public dissatisfaction by House conservatives of their leadership suggests to me that unless the leadership changes its political methods, one of two things could soon happen: Either the Republican Party will oust its leaders in the Senate and House and install people more allied with the party’s conservative base, or the Republican Party will split, with its more moderate members moving to the Democratic Party (which God knows needs some moderation) while the rest form a real conservative party.

Meanwhile, the revised fast track trade bill that the House passed last week was approved today by the Senate 60-37 and will now go to Obama for signature.

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Supreme Court rules government cannot confisicate farmer crops

9:49 am

The Supreme Court ruled 8-1 today that a 66 year old program that allowed the federal government to confiscate the crops of farmers in order to manage the supply and demand was unconstitutional.

Writing for the court, Chief Justice John Roberts said the government must pay “just compensation” when it takes personal goods just as when it takes land away. He rejected the government’s argument that the Hornes voluntarily chose to participate in the raisin market and have the option of selling different crops if they don’t like it. “‘Let them sell wine’ is probably not much more comforting to the raisin growers than similar retorts have been to others throughout history,” Roberts said. “Property rights cannot be so easily manipulated.”

The Constitution on property rights is very clear. The government has to pay for any property it takes. That it required a Supreme Court decision to enforce this plain language should distress us all.

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When to doubt a scientific consensus

9:39 am

Link here.

This is a beautifully written and thoughtful analysis of the state of climate science, and why intelligent and educated citizens should continue to remain skeptical of the claims coming from the global warming activist community (which now includes the Pope).

He gives a dozen different reasons for remaining skeptical of the claims of the global warming community, based both on the science as well as how they sell their position. Number 10 — “When [the claimed consensus] it is being used to justify dramatic political or economic policies” — is probably the most important:

Imagine hundreds of world leaders and nongovernmental organizations, science groups, and United Nations functionaries gathered for a meeting heralded as the most important conference since World War II, in which “the future of the world is being decided.” These officials seem to agree that institutions of “global governance” need to be established to reorder the world economy and massively restrict energy resources. Large numbers of them applaud wildly when socialist dictators denounce capitalism. Strange philosophical and metaphysical activism surrounds the gathering. And we are told by our president that all of this is based, not on fiction, but on science — that is, a scientific consensus that human activities, particularly greenhouse gas emissions, are leading to catastrophic climate change.

We don’t have to imagine that scenario, of course. It happened in Copenhagen, in December 2009. It will happen again in Paris, in December 2015.

Now, none of this disproves the hypothesis of catastrophic, human induced climate change. But it does describe an atmosphere that would be highly conducive to misrepresentation. And at the very least, when policy consequences, which claim to be based on science, are so profound, the evidence ought to be rock solid. “Extraordinary claims,” the late Carl Sagan often said, “require extraordinary evidence.” When the megaphones of consensus insist that there’s no time, that we have to move, MOVE, MOVE!, you have a right to be suspicious.

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A closer close-up of Ceres’ double bright spot

9:19 am

Closer look at Ceres' double bright spot

Cool image time! In a new press release, the Dawn science team has unveiled a new close-up of Ceres’ double bright spot, shown on the right.

At least eight spots can be seen next to the largest bright area, which scientists think is approximately 6 miles (9 kilometers) wide. A highly reflective material is responsible for these spots — ice and salt are leading possibilities, but scientists are considering other options, too.

In other words, they still have not confirmed through spectroscopy, that these bright spots are ice.

Note also that they have reduced the image’s brightness so that the bright spots do not over expose as much as in past images. This not only allows more details to come out, but it portrays Ceres’ very dark surface more accurately. Even so, the image still shows that surface as brighter than it actually is.

A mountain on Ceres

The press release also described a second image, showing a single lonely mountain on the planet’s horizon, rising up three miles from the planet’s surface, shown in the cropped image to the left. Overall this image, as well as the others, suggest that the surface of Ceres is generally far less rough than we should expect.

Another science mystery to unravel!

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Government forces closure of another Christian business

9:04 am

Fascists: Another Christian business forced to close because the owners refused to host a homosexual wedding.

If the trend continues as it has, expect the homosexual community to soon demand the imprisonment of some Christians for their beliefs, and expect some to go to prison as a result. And expect this to happen even though no one is preventing any homosexuals from having homosexual relations.

And we all know that the gay agenda has everything to do with tolerance, don’t we?

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Federal Court rules in favor of lawsuit against IRS for harassment

12:29 pm

The federal court of appeals today ruled in favor of the pro-Israel organization Z Street in its lawsuit against the IRS for specifically harassing them because their positions disagreed with the Obama administration.

To review:

Z STREET filed its lawsuit against the IRS in August, 2010, on the basis of statements made to its counsel by the IRS agent reviewing Z STREET’s application for 501(c)(3) charitable tax exempt status, filed in 2009. That agent revealed that the IRS has an “Israel Special Policy” which gave differential treatment to tax exemption applications from organizations holding views about Israel inconsistent with those espoused by the Obama administration, scrutinizing such applications differently and at greater length, than those made by organizations which did not hold such views. [emphasis mine]

As I like to say, the IRS, rather than doing tax enforcement, has been instead very specifically working as a lobbying agent for the Democratic Party and Barack Obama. The Z Street case documents it, and is now going to document it far more thoroughly than any Democrat or Obama can imagine.

The organization says it looks forward to the discovery phase of litigation in which it will seek to learn the nature and origin of the “Israel Special Policy” which the IRS applied to Z Street’s tax exemption application. Z Street will seek to learn how such a policy was created, who created it, who approved it, to whom it was applied, as well as all other information regarding this policy.

What Z Street learns will be directly useful to the conservative organizations that the IRS also harassed illegally. It might also do great political harm to a number of prominent Democratic Party elected officials.

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Falcon 9 landing barge replaced and upgraded

9:27 am

The competition heats up: SpaceX has replaced one of its automated first stage landing barges with an upgraded version.

With dimensions virtually identical to Marmac 300, she carries some new features, including a steel blast wall erected between the rear containers and the landing deck, in addition to the steel bow wall as previously seen on Marmac 300. Ongoing work visible on deck suggests that a second blast wall may be installed at the forward end of the landing deck as well.

The article also provides us a nice contrast between the government and the private sector. While a private company is now willing to buy a flight with a recovered first stage, even before a successful landing, the government is far more cautious:

According to Mr. Musk, officials have asked for “repeated, successful” demonstrations of a first stage landing on the drone ship before a landing attempt will be allowed at the Cape.

That the company has already demonstrated twice that the first stage can return very precisely to its target should have already satisfied these officials. Moreover, the landing site would be well secured and maintained by SpaceX, and they appear quite willing to bear any repair costs should the stage crash on that landing site.

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Philae contacts Rosetta again

9:08 am

Philae today sent another 2 minutes worth of information to Rosetta.

The downlink was stable; the two contacts received by Rosetta lasted two minutes each. Both delivered numerous packets of lander housekeeping and status data, 185 in total, which are still being analysed at the time of this writing. No science data were anticipated or received.

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SES wants to launch with a recovered Falcon 9 first stage

10:31 pm

The competition heats up: Commercial satellite company SES has requested SpaceX that one of its satellites be the first to be launched with a recovered Falcon 9 first stage.

SES has seven satellites under construction, five of which are contracted for SpaceX launches, starting with SES-9. SES said it has been given a guarantee by SpaceX that the launch will occur no later than September. SES has agreed to allow SES-9 to be the first launch using an upgraded Falcon 9 main-stage Merlin 1D engine, whose performance is being increased to allow SpaceX to attempt first-stage recovery even on launches to geostationary transfer orbit, the destination of most telecommunications satellites.

Just as it secured an attractive SpaceX price for the SES-8 by being one of the first established customers, SES now wants a cut-rate price on a Falcon 9 with a previously used first stage. “Our launch vehicle for SES-9 will be a recoverable vehicle,” Halliwell said. “We believe they will be able to recover it on this mission. We actually asked them: If we do recover it, can we use it again and get a good price discount? We’re still in discussions.”

In other words, if SpaceX is successful in landing the first stage after it puts SES-9 into orbit in September, they want first dibs, at a good price, of using that stage on a future SES launch.

SES’s willingness to do this changes my estimated time frame for the first successful reuse of a first stage. I had assumed that the commercial satellite companies would all be reluctant to put one of their payloads on a rocket using a recovered first stage, until they had seen at least one test flight of such a stage. SES proves this assumption wrong, to my delight.

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Supreme Court voids local sign ordiance

1:59 pm

Some good news: In a 9-0 ruling the Supreme Court struck down a local Arizona town’s ordiance that restricted a church’s right to post signs about its upcoming events.

What is most encouraging about this ruling is that all nine justices agreed to it. This suggests that there is a strong majority on the court that supports freedom of speech, and will not look kindly at the Obama administration’s effort to impose its will on the speech and activity of religious and conservative organizations.

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