Tag: policy

A third federal court has ruled that Obama’s fake recess appointments to the National Labor Relations Broad violated the Constitution.

9:23 am

The law is such an inconvenient thing: A third federal court has ruled that Obama’s fake recess appointments to the National Labor Relations Broad violated the Constitution.

The worst part of this violation by Obama and his cohorts is that, even after these rulings, the illegally appointed board has continued to issue regulations, ignoring the decisions of all the courts.

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Congresswoman Mary Edwards (D-Maryland) has proposed merging two NASA centers to save money.

9:13 am

Congresswoman Mary Edwards (D-Maryland) is proposing a merger of two NASA centers to save money.

The amendment would establish a Center Realignment and Closure Commission that would be given six months to evaluate “[c]onsolidating all rocket development and test activities of the Marshall Space Flight Center and Stennis Space Center in one location” and recommend a location promising the greatest cost savings. The commission would also be asked to look at “[r]elocating all operations of the Marshall Space Flight Center to both the Stennis Space Center and Johnson Space Center.”

Now this is interesting. The Marshall Space Flight Center has been looking for a reason to exist for decades, since the end of the Apollo program. Any smart private company would have shut it down long ago to save money.

But then, this is government. The article, hostile to the idea of eliminating any government facility, describes quite succinctly why NASA can’t build anything cheaply and why nothing in government ever shrinks. Our legislators don’t represent us, they represent the small number of employees at these specific government facilities.

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The harassment of conservative groups by the IRS was planned and run by officials in Washington, D.C., according to a retiring IRS lawyer who will testify Thursday in the House.

10:09 pm

Working for the Democratic Party: The harassment of conservative groups by the IRS was planned and run by officials in Washington, D.C., according to a retiring IRS lawyer who will testify Thursday in the House.

Retiring IRS lawyer Carter C. Hull implicated the IRS Chief Counsel’s office, headed by Obama appointee William J. Wilkins, and Lois Lerner, the embattled head of the IRS’ exempt organizations office, in the IRS targeting scandal and made clear that the targeting started in Washington, according to leaked interviews that Hull granted to the Oversight Committee in advance of Thursday’s hearing.

It appears he is naming names. Thursday’s hearing should be quite interesting.

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Treasury admitted today that the IRS tax records of several political candidates and campaign donors were illegally disclosed to unnamed government officials.

8:43 pm

The law is such an inconvenient thing: The Obama Treasury Department admitted today that the IRS tax records of several political candidates and campaign donors were illegally disclosed to unnamed government officials.

[O]f the four instances in which tax records were improperly accessed, three cases were determined to be “inadvertent.” “In the fourth case, we presented evidence of a willful unauthorized access to the Department of Justice, but the case was declined for prosecution,” Mr. George wrote. Of the three cases that the inspector general called “inadvertent” disclosures, Mr. George said his office referred one to Justice with a recommendation that no prosecution be brought. He said Justice officials agreed with his office’s assessment. No reason was given for Justice’s rejections of prosecutions.

I wonder why the Obama Justice Department declined to prosecute that fourth case, which was “willful” and thus very illegal.

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Among many other valid points, the Wall Street Journal notes the “lawless” nature of the Obama administration’s announcement yesterday that it will not enforce one legal requirement of Obamacare in 2013.

7:49 pm

The law is such an inconvenient thing: Among many other valid points about the disaster that is Obamacare, the Wall Street Journal notes the “lawless” nature of the Obama administration’s announcement yesterday that it will not enforce one legal requirement of Obamacare in 2013.

This selective enforcement of laws has become an Administration habit. From immigration (the Dream Act by fiat) to easing welfare reform’s work requirements to selective waivers for No Child Left Behind, the Obama Administration routinely suspends enforcement of or unilaterally rewrites via regulation the laws it dislikes. Now it is doing it again on health care, without any consultation from, much less the approval of, Congress.

Sadly, this contempt for the law is becoming rampant. Worse, though the Democrats have generally been the worst offenders, this contempt has not been a partisan affair. Republican politicians have participated as well.

And who will suffer? Not the politicians. It will be the ordinary innocent citizens, who merely want to live their lives freely without hindrance, who will pay the cost.

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The lawyer for IRS official Lois Lerner is pushing to get her full immunity in exchange for her full testimony to Congress.

9:57 am

The lawyer for IRS official Lois Lerner is pushing to get her full immunity in exchange for her full testimony to Congress.

The article makes two very good points: One, it will be difficult to prosecute anyone at the IRS for its harassment of conservatives, and two, Lerner’s full testimony is likely not going to have any earthshaking bombshells. She will state that the White House had nothing to do with the harassment (whether that is true or not), and that the harassment was merely the result of some bad management decisions.

And thus, the government’s power over us will rise, and freedom will experience another cut in its continuing death of a thousand cuts.

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The White House today announced that it is delaying until 2015 the requirement in Obamacare that companies with more than 50 employees offer health insurance.

4:27 pm

The Obama administration finds out what’s in it: The White House today announced that it is delaying until 2015 the requirement in Obamacare that companies with more than 50 employees offer health insurance.

The law requires companies that employ 50 or more workers to offer coverage or face fines. The Treasury Department and the White House said that, based on complaints by employers that the system for reporting the coverage was too onerous, they would simplify that system and give employers an additional year to comply. “We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively,” Mark J. Mazur, the assistant secretary for tax policy at the Treasury Department, said in a statement posted online. “We have listened to your feedback. And we are taking action.”

The mandate was originally set to kick in for 2014, but will now start in 2015. The decision effectively means that penalties that would have been assessed against non-compliant businesses will be delayed until 2015. The administration encouraged employers to provide insurance anyway.

In other words, they are finally discovering what everyone on the right has been saying for three years: Obamacare is an unworkable law that is also killing business and industry. Look for increasing numbers of Democrats willing to join with the Republicans to repeal is incredibly stupid law.

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The International Astronomical Union has rejected the first choice of voters for naming Pluto’s fourth and fifth moons.

10:03 am

The International Astronomical Union (IAU) has picked names for Pluto’s fourth and fifth moons, rejecting Vulcan, the first choice of the public.

After the discovery [of the moons], the leader of the research team, Mark Showalter (SETI Institute), decided to call for a public vote to suggest names for the two objects. To be consistent with the names of the other Pluto satellites, the names had to be picked from classical mythology, in particular with reference to the underworld — the realm where the souls of the deceased go in the afterlife. The contest concluded with the proposed names Vulcan, Cerberus and Styx ranking first, second and third respectively. Showalter submitted Vulcan and Cerberus to the IAU where the Working Group for Planetary System Nomenclature (WGPSN) and the Committee on Small Body Nomenclature (WGSBN) discussed the names for approval.

However, the name Vulcan had already been used for a hypothetical planet between Mercury and the Sun. Although this planet was found not to exist, the term “vulcanoid” remains attached to any asteroid existing inside the orbit of Mercury, and the name Vulcan could not be accepted for one of Pluto’s satellites (also, Vulcan does not fit into the underworld mythological scheme). Instead the third most popular name was chosen — Styx, the name of the goddess who ruled over the underworld river, also called the Styx.

I just can’t wait until there really is a robust population of space-faring colonists, if only because those colonists will then tell the IAU to go to hell when it tries to tell them what to name things.

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A science poster released at an American Geophysical Union conference this week finds again that the global warming climate models used by policy makers have all failed to predict what has actually happened.

3:38 pm

The uncertainty of science: A science poster released at an American Geophysical Union conference this week finds again that the global warming climate models used by policy makers have all failed to predict what has actually happened.

Some devastating quotes from the poster:
» Read more

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Two reports issued today have concluded that implementation of Obamacare by the federal government is behind schedule.

9:17 am

Two reports issued today have concluded that implementation of Obamacare by the federal government is behind schedule.

I’m not surprised, considering the opposition to the law combined with its draconian complexity. Even angels — with to cooperation of God and everyone else — would have trouble implementing this mess. Without that cooperation is will be next to impossible.

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A professor at a Tennessee college ordered her students to publicly express support for gay rights or fail the course.

4:07 pm

Leftwing debate: A professor at a Tennessee college ordered her students to publicly express support for gay rights or fail her course.

Students in a general psychology class at Columbia State Community College were directed by their professor to wear “Rainbow Coalition” ribbons for an entire day and express their support for the homosexual community, said Travis Barham, an attorney with the Alliance Defending Freedom. …

The professor told students to write a paper about how they were allegedly “discriminated against” because of their support for homosexual conduct. Several students objected to the assignment because their religious convictions prohibit them from supporting conduct their faith teaches them is immoral and unnatural.

Barham said the professor made it clear they had to follow the rules of the assignment to receive credit and allegedly told the students their own beliefs and viewpoints were irrelevant – even when they wrote their papers. The students were also barred from defending or explaining any other views regarding homosexual conduct, dismissing such arguments as “throwing Bible verses” at her,” the attorney said.

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A recap of the broken promises of Obamacare.

9:58 am

A recap of the broken promises of Obamacare.

Most of these will be familiar to regular readers of Behind the Black, though the article lays them out very clearly. However, this one is a new one to me:

If your state ran a program to help the uninsured, that’s also a violation, because Insurance is what the ACA is all about. It’s a mandate that you purchase insurance. Any unique solutions generated in one of our 50 incubators must stop even if they have served people well, because they will be in violation of the Affordable Care Act. One of the most successful state Medicaid systems was denied a waiver by the Obama administration despite its proven track record. The worst part of one-size-fits-all solutions is that they are tailored for no one. [emphasis in original]

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NASA picks 8 new public relations figureheads, calls them astronauts.

10:43 am

NASA picks 8 new public relations figureheads, calls them astronauts.

To put it bluntly, NASA presently can’t put any astronauts into orbit, and might not be able to do ever again. Any astronauts on NASA’s payroll will thus likely have to beg a seat on a spacecraft built by others. Eventually, that begging won’t get them anywhere, which means that the work these new astronauts will mostly do will be to sell NASA to the public.

In the past, the PR work of astronauts only consumed a significant part of their time. For the present and probably in the future, it will be the only work they do.

Which makes me question the need to hire these astronauts in the first place. If I had my druthers and ran NASA, I’d rather wait until I actually need some astronauts and then hire the pilots who are flying SpaceShipTwo.

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A Democratic Congressman thinks it “is simply not fair” to make his staffers subject to Obamacare like everyone else.

9:31 pm

My heart bleeds: A Democratic Congressman thinks it “is simply not fair” to make his staffers subject to Obamacare like everyone else.

The problem it seems is that

Dozens of lawmakers and aides are so afraid that their health insurance premiums will skyrocket next year thanks to Obamacare that they are thinking about retiring early or just quitting. The fear: Government-subsidized premiums will disappear at the end of the year under a provision in the health care law that nudges aides and lawmakers onto the government health care exchanges, which could make their benefits exorbitantly expensive.

Well, ain’t that just too damn bad. As I say, my heart bleeds.

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A researcher of fuel cells, manhandled and arrested because he used the wrong mailing labels in selling and shipping sodium to fund his research, was then targeted by the EPA because he wasn’t home to maintain his sodium supplies.

6:16 pm

We’re here to help you: A researcher of fuel cells, manhandled and arrested because he used the wrong mailing labels in selling and shipping sodium to fund his research, was then prosecuted by the EPA because he wasn’t home to maintain his sodium supplies.

On May 27, 2004, federal agents in two black SUVs, waving assault rifles, forced Krister’s car off the road. Manhandling him as if he were a terrorist, they arrested, interrogated, and jailed him. For what? Putting the wrong shipping label—with the correct instructions, mind you—on a box of raw sodium that he sold on eBay.

A jury saw that it was an honest mistake and found Krister “not guilty.” But while Krister was on trial, sodium from his experiments sat in steel drums at an industrial warehouse. The Environmental Protection Agency learned of the additional sodium, determined that Krister had “abandoned” it, and charged him with a federal crime.

Although Krister’s expert witness testified that the sodium was stored properly, a jury found Krister guilty. He served 13 months in federal prison and eight more in a halfway house.

So, what did he do that was morally wrong? Nothing. Not that this matters to our lovely federal government. He did not obey their rules to the letter, even when they themselves made it impossible for him to do so. Thus, he must be destroyed.

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The red tape of the space bureaucracy

1:13 pm

“An article in the Economist today has some chilling conclusions about the difficulties faced by the new commercial space companies.

Although the cost of developing new space vehicles, products and services is high, just as much of a burden can be imposed by such intangible expenses as regulatory compliance, legal fees and insurance premiums.

The article points out the heavy cost to these new space companies caused by insurance requirements and government regulation, including the ITAR regulations that restrict technology transfers to foreign countries. However, this paragraph stood out to me as most significant:

Then there is the question of vehicle certification. The first private astronauts and space tourists may soon take to the skies in new launch vehicles, and the FAA has initially agreed to license commercial spacecraft without certifying, as it does for aircraft, that the vehicles are safe to carry humans. The idea is that specific safety criteria will become apparent only once the rockets are flying and (though it is rarely admitted) an accident eventually happens. This learning period will keep costs down for makers of the new spacecraft, even if significant compliance expenses are likely when it is over. The exemption was meant to have expired last year and was extended to the end of 2015. Commercial space companies are understandably keen for it to be extended again. “In the dawn of aviation, planes had 20 to 30 years before significant legislation applied,” says George Whitesides, the boss of Virgin Galactic.

Back in 2004 I noted in a UPI column the problems caused by these regulations, even as they were being written. (I had also done something at the time that few reporters ever do: I actually read the law that Congress was passing.) Then I said,
» Read more

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A new report from Social Security has raised its predicted unfunded liabilities over the next 75 years by one trillion dollars.

2:23 pm

The day of reckoning looms: A new report from Social Security has raised its predicted unfunded liabilities over the next 75 years by one trillion dollars, for a total of $9.6 trillion.

According to the report, “Through the end of 2087, the combined funds [OASI and DI] have a present-value unfunded obligation of $9.6 trillion.” That is “$1.0 trillion more than the measured level of $8.6 trillion a year ago,” states the report, in reference to the data available for 2011. That $9.6 trillion shortfall equals approximately $83,894 per household based on the Census Bureau’s latest estimate that there are 114,430,000 households in the country.

The report also looks farther into the future and saw the shortfall rise to $23 trillion.

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The Tortoise and the Hare

9:02 am

The tortoise and the hare.

Smith looks at the published construction and flight timelines for the government’s Space Launch System and the private company Golden Spike, and finds something I’ve been noting for several years, there is a new space race going on. And I think private space will win it.

Another perspective — the one I have — is that this creates a new Space Race.

In the starting gate at High Bay 3 is the SLS, a program larded by Congressional pork, dubbed the Senate Launch System by its critics. Many observers believe that it will one day fall to innate political and bureaucratic flaws, as did Constellation before it.

In the other starting gate at High Bay 1 is Golden Spike — all talk so far, but the pieces seem to be falling into place to make the company a viable lunar option. Add to the mix the May 23 teleconference discussing the NASA agreement that allows Bigelow Aerospace to ally NewSpace companies into a possible commercial cislunar program. The report hasn’t been released yet, but it’s logical to assume that Golden Spike is one of those companies.

As with all space programs — government or commercial, crewed or unmanned — these timelines should be viewed with the greatest of skepticism.

But we’re starting to see all the pieces fall into place for the great Space Race of the 21st Century. To the victor goes access to the Final Frontier.

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The stupidity of gun free zones.

10:28 am

The stupidity of gun free zones.

On Monday, May 20, Dan was teaching gym and carrying his handgun in an inside-the-waistband hip holster. So, there was zero chance that his gun would fall out of his holster or hurt his students and a 100 percent chance that Daniel could defend his students if a gunman breached the school. Daniel is highly competent with firearms; he practices at the range monthly and also takes yearly classes to advance his firearm skills.

Another teacher observed what must have been the silhouette of Daniel’s handgun beneath his clothes while he was actively teaching his students. This teacher-observer panicked and told the principal that Daniel had a gun. Without investigating, the principal immediately called the police. Despite the fact that Daniel is a concealed-carry permit holder with a spotless record, the police arrested him for carrying in a “gun free zone.”

A few police officers tried to remove Daniel’s gun from his holster and were unable so Daniel had to tell them how. Which, again, speaks to how secure Daniel’s gun was at his side. To reiterate, there was no chance that his gun would endanger children; there was a very large chance that Daniel could use his gun to save their lives. The Wichita Police Department is a 12-minute drive and seven miles away from White Elementary. In the event of a mass attack, hundreds of defenseless children and teachers could be killed before the cops would arrive.

The man stands to go to jail, for doing nothing more than being prepared to defend the lives of the children he teaches.

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Did the IRS audit two long-established well-known Christian ministries because of their opposition to Democratic policies?

1:59 pm

Did the IRS audit two long-established well-known Christian ministries because of their opposition to Democratic policies?

The timing of both audits is quite intriguing, especially considering that both organizations have existed for many decades without ever getting an audit. Note too that while the audits cost the organizations money, neither found anything wrong.

Sounds like harassment to me.

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