Tag: policy

Update to commercial space law stalled in Senate

6:26 am

Surprise, surprise! It appears that several Senate Democrats and the trial lawyer organizations that back them are objecting to passage of an update to the 2004 Commercial Space Act that would extend the period that companies would be exempt from liability while they experiment with new spacecraft.

Some Democratic members of the House Science Committee opposed those provisions when the committee marked up a version of the bill in May. “This really is quite an indefensible provision,” said Rep. Donna Edwards (D-Md.) during discussion then regarding the federal jurisdiction clause of the House bill, arguing that the bill is “basically providing the launch industry with complete immunity from any civil action.”

The American Association for Justice, a legal organization formerly known as the Association of Trial Lawyers of America, also spoke out against those sections of the bill in May. “Industries that lobby for immunity from accountability might as well hang up a sign saying they don’t trust themselves to be safe,” Linda Lipsen, chief executive of the association, said in a May 13 statement.

I really hate saying “I told you so!” but more than a decade ago, when the 2004 Commercial Space Act was passed, I opposed it because it gave the federal government far too much regulatory control over this very new and very experimental industry. Many industry people attacked me for doing so, saying that they needed this regulatory framework to raise capital.

Now the industry finds those regulations burdensome and is trying to get them eased, or waived temporarily. Not unexpectedly, there are vested interests in and out of Congress who don’t want those regulations eased. So, instead of focusing their energies on developing new technologies, the industry must instead spend money on lobbying and political dealmaking, which might get them some of what they want but will certainly also come with some political price that will be even more burdensome.

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Grizzly bear no longer endangered in Yellowstone

4:57 pm

Good news! Federal wildlife officials have determined that the grizzly bear population in and around Yellowstone has recovered so well that they have the option of removing the species from the endangered species list.

The latest count of grizzlies in the Yellowstone region puts the estimated population of the hump-shouldered bruins at just over 750, well exceeding the government’s recovery goal of 500 animals, according to the U.S. Fish and Wildlife Service. That compares with just 136 believed left in the Yellowstone ecosystem – encompassing parts of Wyoming, Montana and Idaho – when grizzlies were formally listed as threatened throughout the Lower 48 states in 1975, after they were hunted, trapped and poisoned to near extinction.

Not surprisingly, the article notes how environmental and American Indian groups oppose changing the bear’s status. Want to bet that they win the day and the bear remains endangered? Science really has very little to do with the endangered species act these days. It is all politics.

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Excommunication scene from Becket

6:01 pm

An evening pause: On the eve of this year’s election day, this scene from Becket (1964) expresses well what I wish the American voters would do to both the Democratic Party and the Republican leadership in Congress. They all need to go, for the health of the country and because of their repeated malfeasance in office.

Hat tip to Phil Berardelli, author of the new edition of Phil’s Favorite 500: Loves of a Moviegoing Lifetime.

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Cruz demands Justice Dept preserve IRS scandal documents

1:46 pm

Senator Ted Cruz (R-Texas) today put the Justice Department on notice that he wants all their documents relating to the IRS scandal preserved so that future administrations have the ability to complete their own investigation.

“It is important for you and other officials in this Administration to understand that this administration’s decisions to neither continue this investigation nor appoint a special prosecutor do not represent the conclusion of this matter,” Mr. Cruz said in a letter to Attorney General Loretta Lynch. “Given this Administration’s refusal to conduct itself appropriately, or take the issue of the potential illegal conduct of IRS employees seriously, any subsequent administration should reserve the right to reopen the matter, conduct its own investigation, or appoint a special prosecutor to conduct an investigation.”

I would not be surprised at all if the Justice Department, now working full time for the Democratic Party, decides to destroy these documents at first opportunity. They know that they will face no criminal charges, even though this would be a blatant act of obstruction of justice, because the Democratic Party in Congress will stonewall any investigation. And unless the next Republican President has the courage to fire the lot of them, they themselves will be able to stonewall the next President as well.

In fact, which Republican candidates running for President would have the courage to fire the lot of them? Cruz for sure. Trump probably. Anyone else? I don’t think so.

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2016 Obamacare premiums to skyrocket 20%

12:38 am

Finding out what’s in it: Health insurance premiums in 2016 will rise more than 20%, three times more than predicted by Obama officials.

The discrepancy is because the government excluded price data for three of the four Obamacare health insurance plans when the officials issued their recent forecast claiming enrollees would face only a 7.5 percent average rate increase in 2016. When data for all four plans are included, premium costs will actually rise on average 20.3 percent next year.

In other words, Obama administration officials purposely manipulated the numbers to hide the actual rate increase. Then, not surprisingly, “The mainstream media was quick to embrace the 7.5 percent number, claiming it reflected the real-world experience of most Obamacare customers,” when it truth the number was a lie.

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Another Obamacare co-op, the largest, collapses

8:45 am

Finding out what’s in it: New York’s Obamacare co-op, the country’s largest and the one that took the most government loans to get established, is now facing bankruptcy and collapse.

It is unclear if the co-op deliberately misled state regulators in its original filings, or if regulators found evidence of financial wrongdoing while they tried to close down the defunct non-profit. The co-op’s insolvency was announced September 25.

The New York Department of Financial Services, which regulates insurers in the Empire State, also revised its earlier announcement to the co-op’s 215,000 policyholders that they had until Dec. 30 to find new insurance coverage. Regulators now advise the co-op’s enrollees, many who are poor, that they have to secure new coverage within the next two weeks. DFS said in a statement late Friday that consumers “must take action to choose a new plan for the remainder of 2015 on or before November 15, 2015.”

It also appears that the co-op has been understating its bad financial condition to government officials. Other than that, things remain peachy-keen!

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History: CNBC, the tea party, and this week’s debate

12:38 pm

Link here. The essay is a fascinating look back at the factors that generated the tea party movement in 2009, centered greatly on a single commentary that took place on CNBC at the time. The essay then notes how NBC then revamped CNBC’s lineup, making it far more liberal and Democratic, which is why we had what we had at the Republican Presidential debate this past week.

It is very much worth a read, as it gives some very important background to these events. It also makes this point, which I think is quite significant:

[I]t was Cruz’s defense of the entire field, and of all conservatives, that was like a game changing pick six in football. The debate was instantly different. That was the match and the gasoline to another conservative explosion. I contend nothing will be the same in debates any time soon, or in any liberal media interviews for that matter – and this is critical. [emphasis in original]

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Christians do have a right to religion in Dearborn

9:29 am

Victory for free speech: A federal court today ruled that the First Amendment rights of several Christians were violated by the police when they forcibly removed them from a 2012 Arab-American festival in Dearborn, Michigan when the Muslims there began throwing bottles, eggs and other objects at them.

By an 8-7 vote, the entire 6th U.S. Circuit Court of Appeals on Wednesday said Wayne County, Michigan and two deputy police chiefs were civilly liable to members of Bible Believers for violating their First Amendment rights. The case now returns to a federal district judge to award damages and attorney’s fees.

It is important to understand what happened. The Muslim festival was open to the general public, being held on public streets. All the Christians did was walk through that festival holding signs and preaching the gospel. They were then attacked by a mob, and the police, rather than arresting the attackers, threatened the Christians with arrest if they didn’t shut up and leave. When the Christian refused the police escorted them away.

Watch the video of the event below the fold if you don’t believe me.

The bad news however is that the court only ruled in favor of free speech by an 8-7 vote, and that it was overturning a lower court ruling that had said the police had the right to remove the Christians. These details are further proof that a large percentage of the American intellectual community now believes it perfectly reasonable for the government to silence religious speech, if it thinks it has to, and that it is perfectly reasonable to accept the heckler’s veto when someone wishes to express an opinion that is disagreeable.
» Read more

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45 Republicans vote against Paul Ryan nomination

3:04 pm

The Republicans have nominated Paul Ryan (R-Wisconsin) for Speaker of the House with only 200 of 245 votes.

Those 45 members are enough to block him from getting the Speakership during the partisan floor vote on Thursday — if the 45 GOP legislators maintain their opposition, and if Ryan is not aided by a last-minute bloc of Democratic votes.

During the closed-door conference, Ryan won just 200 votes for the nomination. Former Florida House Speaker Rep. Daniel Webster (R-FL) earned a whopping 43 votes. Rep. Marsha Blackburn (R-TN) — who isn’t officially running for Speaker — received one vote. House Majority Leader Rep. Kevin McCarthy (R-CA), who dropped out of the Speakership race a couple weeks ago, got one vote as well.

The failure on Ryan’s part to win 218 votes—the threshold for anyone to win the Speakership on the House floor assuming every member of the House is present and voting for a person—is a major embarrassment on his part.

If those who opposed Ryan in this Republican vote maintain that opposition when the whole House votes, the only way Ryan can become Speaker is if he gets Democratic votes. If that happens than either he won’t become Speaker or the Republican Party faces a breakup.

Based on recent events with the budget deal, it might make sense for some of these fake conservatives in the Republican Party to admit their real loyalty and join the Democrats. The conservatives would then probably lose control of Congress, but at least we would know where people honestly stood.

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A mother and father is still the best for kids

2:14 pm

Science discovers the obvious: Several new studies have found again that children generally do better in a stable family with a mother and a father than in any other combination.

In recent weeks, a barrage of new evidence has come to light demonstrating what was once common sense. “Family structure matters” (in the words of my American Enterprise Institute colleague Brad Wilcox, who is also the director of the National Marriage Project at the University of Virginia). Princeton University and the left-of-center Brookings Institution released a study that reported “most scholars now agree that children raised by two biological parents in a stable marriage do better than children in other family forms across a wide range of outcomes.” Why this is so is still hotly contested.

Another study, co-authored by Wilcox, found that states with more married parents do better on a broad range of economic indicators, including upward mobility for poor children and lower rates of child poverty. On most economic indicators, the Washington Post summarized, “the share of parents who are married in a state is a better predictor of that state’s economic health than the racial composition and educational attainment of the state’s residents.”

I think it amusing that some scientists wonder “why this is so.” I also realize that by stating this obvious fact of nature I and these scientists are being racist homophobes who want to oppress minorities, but who am I to argue with reality?

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Another Obamacare co-op fails

10:14 am

Finding out what’s in it: Utah’s only Obamacare co-op has announced it is shutting down at the end of the year due to lack of funding/income.

Arches, the only co-op health plan in Utah, began offering insurance through the Affordable Care Act in fall 2013, beginning coverage in January 2014. The nonprofit group says it’s ceasing operations because of a lack of funding from the federal “risk corridor” program, which was built into the Affordable Care Act and intended to protect insurance companies from their losses. “As one of the carriers on the (health care) exchange, we stood to benefit by our calculations in excess of $30 million for those ‘risk corridor’ payments,” Tricia Schumann, chief marketing and communications officer for Arches, told KSL. “We did anticipate those cash payments coming in … this quarter.”

The point of the fund was to mitigate losses among insurance companies and co-ops that suffered large financial risk associated with the Affordable Care Act because of unprecedented enrollment for coverage.

However, federal officials announced Oct. 1 that only 12.6 percent of the expected windfall from that risk management fund would be awarded to insurance companies.

In other words, they — and Obamacare — never had a viable profit model (as predicted by conservatives even before the law was passed). Instead, they were depending on large federal government handouts, as mandated by Obamacare itself. The federal government however simply can’t afford to give out that much money, and thus, bankruptcy.

All the more reason to continue to vote Democrat! They cared, even though they hadn’t the slightest idea of what they were doing and thus pushed through a law that was incredibly stupid and damaging. That they cared however is all that matters.

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Ryan to support budget deal

9:57 am

The fix is in: House Speaker-to-be Paul Ryan (R-Wisconsin) announced today that he will support the two year budget deal worked out by the White House and Republican and Democratic leaders that locks in increased spending and raises the debt limit for the next two years.

I could also say that Ryan’s betrayal of the conservatives in Congress didn’t take long. He didn’t even wait until he was officially elected Speaker. And if you read his reasons for this decision at the link, you will see them for what they are, shallow talking points that mean nothing.

The only good thing about this is — and it isn’t much — is that it will likely provide Ted Cruz some nice ammunition during tonight’s Presidential debate.

That the Freedom Caucus in the House is pissed at the deal and will oppose it also suggests to me that we are getting closer and closer to a split in the Republican Party.

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Get 2 out of 10 questions right and pass!

9:41 am

The coming dark age: A California school district has instituted a new grading scale that allows students to pass with a score of only 20 out of 100.

Some teachers have tried to hang on to the traditional grading system but have been tripped up by a blanket new policy that students, even if they do not hand in homework or take a test, get 50 percent. Under the new rule, it’s possible for a student who skips a test to receive a better grade than a student who takes the test and does poorly. “This is just incomprehensible. I don’t have words,” said Lanny Lowery, who has taught English at Rancho Cotate High since 1980

And then there’s this: NYC schools passing failing students, colleges accepting them.

In other words, you can now graduate having learned absolutely nothing. Should make for an interesting future for the student and the society that student helps shape.

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Congressional leaders negotiating 2-year spending deal

10:48 am

The fix is in: The White House and Republican and Democratic Congressional leaders hope to complete a two year budget deal by tonight that will allow an increase in the debt limit.

White House budget director Shaun Donovan and legislative affairs director Katie Beirne Fallon are hammering out the package with staff representing Senate Majority Leader Mitch McConnell (R-Ky.), Speaker John Boehner (R-Ohio), Senate Democratic Leader Harry Reid (Nev.) and House Democratic Leader Nancy Pelosi (Calif.). House Ways and Means Chairman Paul Ryan (R-Wis.) is expected to be elected Speaker on Thursday, but he has not taken part in these budget negotiations, aides said. In recent weeks, Boehner has said he wants to “clean the barn up a little bit” before he leaves Congress at the end of the week.

Legislation to raise the debt ceiling and fund the government is central to the deal, but the talks are also said to include measures that would fund highway and infrastructure construction and renew the Export-Import Bank for one year.  

If you read the article with a clear mind, you will see that all the dealmaking is designed to increase spending. Moreover, it notes how Senate Republican leader Mitch McConnell (R-Kentucky) does not want to have the renewal of the Export-Import Bank on a stand-alone bill. Unstated is why, as he knows that on its own the Republican majorities in both Houses would shoot it down in a second.

When Senator Ted Cruz (R-Texas) refers to these guys as the “Washington cartel” he is exactly right. They have no interest in cutting the size of the federal government, and are doing whatever they can to maintain their steadily weakening grip on power. The good news is that their grip is weakening.

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Billions of Obamacare funds pocketed by Democrats

9:17 am

Finding out what’s in it (for Democrats): Billions of dollars of Obamacare funds have vanished, having been given to sixteen states — mostly Democratically-run — to build Obamacare marketplaces but never used as intended.

The controls on federal spending right now are nil. The money almost goes out randomly, without any scrutiny, funding the friends of the Washington politicians both in Washington and throughout the country. The Democrats might have benefited royally from Obamacare, but the Republican leadership gets its own payoffs with these funds, which is why they haven’t done much to cut spending, even though that was the promise they ran under.

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The coming dark ages

5:00 pm

I decided today, after one of my readers, John Harman, sent me a link to a very blunt but accurate piece describing the sad state of modern American culture, that it was necessary to explain why I had posted nothing here on Behind the Black on Thursday, even though I was home all day doing what I usually do, scanning the web for interesting stuff.

To begin, you might want to read the essay that John sent me, entitled Wimp Nation: Poised to Fall. It sums up the cultural situation quite nicely.

The United States has become a nation of weak, pampered, easily frightened, helpless milquetoasts who have never caught a fish, fired a gun, chopped a log, hitchhiked across the country, or been in a schoolyard fight. If their cat dies, they call a grief therapist. Everything frightens Americans.

Read it all.

You then might want to read this story about Hillary Clinton’s testimony and questioning on Thursday in front of the House Benghazi committee. Here too the author captures the sick intellectually dishonest nature of America’s political culture.

What we discovered is this: The White House and Clinton apparently knew that the Benghazi attack was the premeditated work of Islamic terrorists before the bodies were cold. She and the administration nevertheless proceeded to propagate a falsehood that advanced the president’s preferred political narrative just six weeks before a tightly-contested national election.

As I noted to John, Hillary Clinton’s testimony wasn’t news, it was a joke. What did we learn? She is a liar? That’s news? What was worse, as the author of the article noted, were the reporters willing to make believe this wasn’t so.

Then there are these two stories:
» Read more

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Obamacare still accepts fake enrollees

9:05 am

Finding out what’s in it: For the second time the GAO has been able to sign up fake enrollees to Obamacare.

The Government Accountability Office sent 10 auditors with fictitious enrollment information to the federal healthcare.gov site as well as two state-run ObamaCare exchanges, to sign up for subsidized insurance. While eight didn’t make it through the initial identity-checking process, all 10 eventually obtained coverage, even though four obviously had made up Social Security numbers that started with “000.” They all were able to keep their coverage despite filing fake follow-up documentation.

In addition, the GAO tried to sign eight more up for Medicaid coverage. Three made it through the process, and four ended up getting subsidized private coverage instead. The only one that failed was in California, which refused to sign the person up without a Social Security number.

The GAO did this also last year. Apparently, despite having a year to fix the problem, our crack government officials couldn’t do it. Not that I am surprised. Government operations are never very efficient or successful. There is no incentive to do well, as it is impossible to get fired, there is no competition, and the funds are coerced tax dollars rather than freely given by voluntary customers.

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Update on Vostochny delays

8:26 am

RussianSpaceWeb today has posted a good detailed update on the construction status of Vostochny.

The update suggests that the April 12 deadline is not firm. Things could be delayed beyond that date. The update also made no mention of the report that the Soyuz rocket assembly building had been built to the wrong size. This could either mean that the building was built correctly and the report was wrong, or that they are now trying to keep this fact from the press while they scramble to fix it.

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Hawaii names third telescope to be removed from Mauna Kea

4:38 pm

The dark ages return! The University of Hawaii has announced that the UKIRT Observatory on Mauna Kea will be decommissioned, making it the third telescope to be removed in order to try to satisfy the protesters hostile to the construction of the new Thirty Meter Telescope.

You wanna bet this won’t satisfy the protesters and that they will demand more while refusing to end their protests?

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Two NASA employees indicted for allowing Chinese scientist access

8:37 am

Two NASA supervisors from the Langley Research Center in Virginia have been indicted for allowing a Chinese scientist unrestricted access to the facilities there for two years, including allowing the scientist to return to China with a NASA-issued laptop.

What I find amazing about this indictment is that a U.S. attorney in the Obama Justice Department has issued it. The Obama administration and NASA administrator Charles Bolden want unrestricted cooperation with China, and have even done some things that could also violate the same laws against providing U.S. technology to China. Under these conditions, I would have thought the attorney would have been ordered to drop the case, just as the Obama administration has done with numerous other examples where someone in that administration did something illegal and got away with it.

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