What next for health reform ?

It looks to me that the Supreme Court will have little justification for continuing the Obamacare program as it exists. The Halbig decision should kill it off. It is clear that the IRS subsidies to federal exchange subscribers are illegal.

The only statement anyone has found in the legislative history that addresses this point comes from the Act’s lead author, who affirmed that Congress did intend to withhold tax credits in federal Exchanges. During a September 23, 2009, mark-up of his bill, which ultimately became the PPACA, Senate Finance Committee chairman Max Baucus (D-MT) refused to consider a Republican amendment regarding medical malpractice on the grounds it fell outside the Committee’s jurisdiction. Sen. John Ensign (R-NV) protested, asking how Baucus’ bill could do other things that lie outside the Committee’s jurisdiction, like direct states to create Exchanges. Baucus responded the bill creates tax credits, which are within its jurisdiction, and makes eligibility for those tax credits conditional on states creating Exchanges. Conditional necessarily means that Baucus intended to withhold tax credits in states that did not create their own Exchanges.

I just don’t see how the Court can ignore that history. The political left has been on a rant about Congressional intent since the decision was announced.

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Archival Post – Tory Green

(from my 2010 archives at NCO Brief – a meditation on class, rebellion and independence – which has new relevance in the light of this administration’s efforts to hobble and break the middle class of this country by essentially erasing the border.)

Nononono . . . not the kinda-sorta-conservative political part of that entity formerly known as Great Britain, and usually prefaced with the adjectives ‘hidebound’ and ‘reactionary’ . . . but those citizens of the 13 British colonies distributed along the east coast of the North American continent, two centuries and change ago. Those who disliked the thought of independence, of having their comfortable apple-cart upset, who liked the way of things as they were, and trusted above all that the Crown divinely appointed, of course. They trusted the Crown, of course. They trusted the Crown’s duly selected, and properly credentialed authorities to Know What Is Best for All, most especially what is best for the upstart, uncultured and amateur rabble. Who, being poor, unwashed, uneducated and singularly bereft of connection to as well as the friendship of Important People at Court, as well as their Pet Intellectuals (certified to have had all their shots and been properly neutered and de-clawed) were in desperate need of the guidance of their betters.

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Hope for Illinois?

My mother, who still lives in Rockford, Illinois, sent me a link today that was pretty surprising. It says that the Republican candidate for governor of Illinois, Bruce Rauner, has an actual shot at winning, and it appears that he isn’t insane. I am going to do a mini-fisking of the article and ask some questions along the way that I hope that some of our Chicago/Illinois based readers can answer.

Why are the stakes so huge? Because Illinois is arguably the worst-run state in America.

I don’t think there is really any question that Illinois is THE worst-run state in America, hands down.

Illinois could become a laboratory experiment about whether conservative ideas can work in a state that has been ruled by teachers’ unions and a self-serving political machine in Springfield and Chicago.

How could this experiment possibly happen with a solid majority in the Illinois House and Senate? I guess Rauner could slag them unmercifully in the press when they don’t change anything, but I am not sure how that will work.

I caught up with Mr. Rauner in Chicago last week. He’s ruffling liberal feathers by going into black inner-city schools and Hispanic neighborhoods and talking about school choice, economic opportunity, family stability, and jobs. “I’m getting standing ovations when I go to black churches and talk about school choice,” he says. “Parents understand it is their kids that are victimized by lousy public schools in Chicago.”

This seems like very good politics to me. The Chicago Public School System is a disgrace.

He’s running as a non-politician who has the business experience to turn around the state’s finances. He won his five-person primary by telling voters, “I’m the only one up here who isn’t a professional politician. These are the people who created the problems in Springfield.” In this era of rage against the political class, the message (and the millions of dollars he poured into his campaign) carried the day.

Sounds like he has money and is sincere. This may be an appealing choice to the people of Illinois.

He’s promised to take a jackhammer to the bloated state budget. The Left is already rolling off the shelf the anti–Mitt Romney campaign — i.e., rich people like Rauner don’t care about people like you.

“The Left” won’t vote for him anyways. But again, I don’t see how effective the “jackhammer” will be without help from the House and Senate.

Some skeptics say that even if Mr. Rauner wins, he won’t be able to overturn the corrupt machine in Springfield. Don’t be sure about that. If Rauner makes it to the governor’s mansion, he will have a gigantic mandate from voters to turn Springfield upside down and get the finances in order. The big losers will be the teachers’ unions, whose clout will be greatly diminished — it couldn’t happen to a nicer group of people.

I hope he wins, and I hope this last paragraph is right. Maybe, perhaps, finally, the people of Illinois have had enough of the nonsense. At least this might be a start.

Indonesia’s New President is a Fan of Metal

I’ve had a long relationship with heavy metal. I remember being a kid for a show at the Aragon Ballroom back in 1986 – I think it was Yngwie Malmsteen (who is often known as Yngwie “F@cking” Malmsteen for his reputation as being a jerk) and we waited outside all day for a general admission show. At that time the Uptown neighborhood was dangerous and populated at all hours by drunks and bums. Some of the more clever fans had stolen lawn chairs along the way so they’d have something to sit on during the long hours of waiting. We watched the minutes click by oh so slowly at a big bank across the street. And of course everyone in line was drinking or smoking or doing something else to pass the time. Many people passed out not once but twice in line, shook themselves off, and went back to what they were doing (one guy in a big mud puddle). Later a kid had a limo drop him off in front of the venue and walked out towards the line. That was a big mistake as the entire crowd was jeering him as one. A few homeless people came by asking for change and someone had the idea to toss a quarter at them and soon the whole line was hurling their change in a shower. Towards the end they installed barricades to segment the crowd so that the entire line of a couple thousand people wouldn’t all surge forward at once when they began letting people into the venue. At that point you were penned in like veal in a cage packed next to other leather jacketed rowdy and drunk fans. The grizzled Chicago street cops eyed the crowd with disdain… you could tell that if they had their way this whole bunch of bums and idiots would get taken into custody…

Over the years I don’t go to as many metal shows as I used to and won’t spend all day in line, obviously. But I still feel affection towards the music and the no-compromise attitude of those that have stuck with it regardless of the fact that it gets no radio airplay, little iTunes action, and is on the fringes of the “general” entertainment landscape. Of all the genres of music, metal can live on because it doesn’t need any of these things, just fans who are dedicated, and these fans revel in the fact that they are outsiders.

Indonesia just elected a new president, a “man of the people” named Joko Widodo who took on the establishment tied to the former dictator. I am astonished to see that he is apparently a fan of metal, and even a fan of bands like Lamb of God, whom Dan saw recently in Madison and described their show as “insane and sonic”. All of this comes from this Noisey article (Noisey is part of the awesome Vice media empire). It is unthinkable that a US presidential candidate would ever admit to being a fan of metal, especially the non-cartoony metal bands like Lamb of God. Lyrics are NSFW (if you can understand them). Here is a clip

Cross posted at LITGM