Category Archives: LAW

All the Freedom Caucus, the Koch Brothers, etc. etc. Accomplished Was to Move Us Closer to Single-Payer

From the Club for Growth, in response to Speaker Ryan pulling the American Health Care Act yesterday:

“There is a way forward: Take the three phases of President Trump’s agenda and put them all into a new House bill,” said Club for Growth president David McIntosh. “Unite Obamacare repeal with the repeal of Obamcare regulations, and add in the free-market, cost-saving reforms that the president campaigned on, including interstate competition. Give the House a straight up-or-down vote on THAT measure. Republican voters will rally behind it with overwhelming support, and the Senate can take it up and address its rules.”

“President Trump was elected because millions of Americans wanted a full repeal of Obamacare, followed by free-market health care reform that would give them competition, choice, and lower prices. This bill became a Frankenstein meant to appease the insurance industry and Republicans who really want to keep parts of Obamacare. Now’s the time to do it right.”

The problem with this “way forward” is that it is obviously subject to a filibuster and so has no realistic chance of passing the Senate.

And the problem is  that Obamacare is imploding, despite what its supporters, including the decidedly partisan CBO, say:

In the real world, the Obamacare exchanges are in crisis, millions of uninsured people willingly pay or avoid IRS penalties, and consumers struggle with rising premiums and cost-sharing requirements. But for CBO, Obamacare is a sea of tranquility. … Since [September, 2016], the Obamacare individual exchanges have begun to implode. Fewer people signed up during the open-enrollment period this year than last, due in part to premium hikes that averaged 25 percent. Other insurance companies didn’t bother raising prices; they fled the exchanges. By January, 1,000 counties were down to their last insurer. Five entire states have just a single company selling through the exchanges. A rational observer might worry that the exchanges were on the brink of doom. Not CBO. Its analysts believe that Obamacare is on the cusp of a miracle. The number of nonelderly uninsured not only will drop this year but hold steady in 2018, according to CBO, even though millions could find themselves without an insurer in their exchanges.

And the problem is that as Obamacare implodes, the mainstream media will put President Trump and the GOP under inexorable pressure to “fix Obamacare” by “working with” the Democrats.  That is, the mainstream media will pin the blame for unaffordable premiums and lack of insurers not on the Democrats for passing Obamacare, but on the GOP for not working with the Democrats to fix Obamacare.

The “fixes” would likely take the form of increasing subsidies to offset the increasing cost of premiums and bailing out insurance companies.  These fixes would move us further away from repealing and replacing Obamacare and toward a European-style “single-payer,” that is government-run healthcare system.  In return, the GOP will get a pittance of what they could have gotten under the AHCA.

And the GOP will cave in the face of story after story after story from the mainstream press about this family no longer able to afford insurance and that county facing the prospect of having no insurance carrier.

 

This One Was For The Establishment

So Chris Sununu has nominated Attorney Gordon MacDonald to be New Hampshire’s next Attorney General:

And New Hampshire’s RINOs are ecstatic.  From lobbyist/insider Tom Rath, one of the political godfathers of liberal-activist-SCOTUS-justice David Souter:

From lobbyist/insider Jim Merrill:

If that is not enough to give conservatives pause, this should be:  New Hampshire’s hard-left was quite pleased with the nomination of MacDonald:

One of the two Democrats that will vote on MacDonald, executive councilor Andru Volinsky of Concord, called it a “generally a positive nomination.”

Volinsky, who earlier this year led the Democratic opposition to the nomination of now-Education Commissioner Frank Edelblut, described MacDonald as a “sophisticated, thoughtful lawyer, which is what I want in an attorney general. Never known to have any ethical issues. There are some questions that I need to ask and I’m sure he’ll be prepared to answer. But I think it’s a generally positive nomination.”

From Volinsky’s sidekick on the Executive Council:

“He’s got sterling legal credentials, community involvement, and he comes highly recommended by folks that I trust,” Councilor Chris Pappas said.

From former New Hampshire Supreme Court Justice John Broderick, a liberal activist jurist:

Former New Hampshire Chief Justice John Broderick congratulated Governor Sununu on his nomination of MacDonald, saying further, “He is a wonderful choice for a very demanding job. He is a highly respected lawyer, a very decent and compassionate person of the highest integrity, and a great listener blessed with very sound judgment. He is a superb choice as New Hampshire’s chief law enforcement officer. If confirmed, Gordon will add his considerable skills and gravitas to upholding and enhancing the long-respected history and traditions of the Office of the Attorney General in our state.”

Has the hard-left abruptly done a complete turnaround from its treatment of Frank Edelblut’s nomination as Commissioner of the Department of Education, and now ideology doesn’t matter?  Or is it that they are comfortable with MacDonald’s ideology?

MacDonald was affiliated with the Campaign for Legal Services, which is supporting his nomination.  While the Campaign for Legal Services stated objective is to assist low-income individuals who cannot afford a lawyer, it also aggressively pushes the left’s political agenda.  For example:

The support of the RINOs and the hard-left suggests this:  don’t expect much of a change in the New Hampshire Department of Justice under Attorney General MacDonald from Attorney General Foster.   The GOP establishment wouldn’t be cheering MacDonald’s nomination if they thought he was going to really crack down on voter fraud or aggressively push back against judicial activism.  Business as usual is good for their business.

And if the Democrats believed MacDonald is a change agent, you would be seeing the same degree and nature of opposition to him as the Democrats directed at Frank Edelblut. Which we are not.

To be clear, I am not suggesting that Sununu nominated MacDonald because he wanted someone who would be acceptable to Volinsky and his hard-left ilk.  I think this nomination was to please the GOP establishment, and the support of Volinsky and Pappas is incidental.

It’s A Fact That Thousands of Democrat Voters Were Bused Into New Hampshire From Massachusetts

In February, the mainstream media (both nationally and in New Hampshire), the Democrat Party and the New Hampshire establishment-GOP (not that there is much difference substantively between them and the Democrats) all lost their minds when President Trump allegedly stated, during a meeting where no press was present, that he and former United States Senator Kelly Ayotte lost the 2016 election in New Hampshire because thousands of Democrat voters had been bused into New Hampshire from Massachusetts.

Trump was assailed for having “no evidence” that thousands of Democrat voters had been bused into New Hampshire from Massachusetts, although these same taking-heads and politicians were at the very same time demanding an investigation of collusion between the Trump campaign and Russia despite the lack of any evidence of collusion.  “Fact-checkers” proclaimed Trump’s claim “false”.

This is the brilliance of Trump.  While it is not literally true that thousands of Democrat voters were bused into New Hampshire from Massachusetts, it is true that both the Presidential race and the United States Senate race were decided by out-of-State or drive-by voters and Trump’s tweet is finally drawing national attention to that fact. Continue reading It’s A Fact That Thousands of Democrat Voters Were Bused Into New Hampshire From Massachusetts

NH State Senate GOP Takes a Pass on Voter Fraud

Let’s start by defining voter fraud.

Voter fraud occurs when someone who shouldn’t legitimately vote in New Hampshire votes in New Hampshire.  Only permanent residents of New Hampshire should be considered legitimate voters.  If a person is residing here only for a  temporary purpose, he or she shouldn’t be allowed to vote here.

For example, someone who moved to New Hampshire just to work on a political campaign shouldn’t be allowed to vote in the corresponding election.  As, for example, Joe Biden’s niece did in 2012: Continue reading NH State Senate GOP Takes a Pass on Voter Fraud

Instead of Outsourcing the Selection of Judges, Here’s How Chris Sununu Should Do It

As I discussed in the prior post, Governor Chris Sununu has announced the creation of a Judicial Selection Commission.  Unfortunately, the mission and composition of the commission indicate that Sununu has no intention of draining New Hampshire’s judicial swamp.

More particularly, the commission’s mission –which is to recommend judges based on “experience, good character and temperament” without considering judicial philosophy– and its composition –the Republican Chair was an activist-judge while the Democrat Vice-Chair helped select liberal, activist judges for prior Governor Maggie Hassan– mean the commission will not be trying to identify and recommend outstanding originalist/textualist (terms that will be discussed below) judges like the late Antonin Scalia. Continue reading Instead of Outsourcing the Selection of Judges, Here’s How Chris Sununu Should Do It

Chris Sununu Has No Intention of Draining New Hampshire’s Judicial Swamp

Governor Sununu’s announcement yesterday of a Judicial Selection Commission makes it clear that he has no intention of draining New Hampshire’s judicial swamp.  The announcement:

Not the first sentence.  The criteria for judicial selection will be “experience, good character and temperament.”  Not a mention of judicial philosophy.  In other words, Sununu is just as inclined to nominate a judicial liberal like Continue reading Chris Sununu Has No Intention of Draining New Hampshire’s Judicial Swamp

Questions for New Hampshire’s Next Attorney General

In May of this year, Joe Foster’s term as Attorney General will end and Governor Chris Sununu will be able to nominate a successor.  Here are some questions that Sununu should ask anyone he is considering.

1.  Beginning no later than Phil McLaughlin, who was appointed Attorney General in 1997 by then Governor and now United States Senator Jeanne Shaheen, Attorney Generals in New Hampshire have claimed the power to not defend legislation that they deem unconstitutional.  A recent example is Joe Foster refusing to defend an education funding law.   Do you believe the Attorney General has such a power?

The correct answer is Continue reading Questions for New Hampshire’s Next Attorney General

Sununu Snookered by Volinsky and Foster

On Tuesday of this week, the Executive Council held a hearing on Governor Sununu’s nomination of Frank Edelblut to be Commissioner of the State Department of Education.  A vote was supposed to follow at the Council’s meeting on Wednesday.  It didn’t.

Democratic Councilor Andru Volinsky asserted that the vote would not be legally binding because State law requires as a prerequisite to the appointment of a Commissioner that the Governor consult with the entire State Board of Education, but Sununu had only talked to the Board’s Chairman.

Attorney General Joseph Foster, a Democrat, agreed with Volinsky’s interpretation.

Sununu responded by asking the Council to delay the vote to give him time to consult with the seven members of the Board of Education.

Sununu got snookered. Continue reading Sununu Snookered by Volinsky and Foster

New Hampshire Attorney General Foster Opposition to Trump EO Based on Falsehoods

Here is New Hampshire Attorney General Joe Foster’s announcement that he opposes President’s Trump Executive Order on foreign entry into the United States:

So according to Foster, Trump’s Executive Order violates the constitution by excluding foreigners from entering the United States based on religion.

But here are the relevant portions of Trump’s Executive Order:

(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).

(f) At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.

(g) Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

There is no mention of religion in the Executive Order.  Rather, entry by the nationals of seven countries identified by the Obama administration as hotbeds of terrorism -Syria, Iraq, Iran, Sudan, Libya, Somalia, and Yemen- is suspended for 90 days, to allow the development of heightened vetting procedures.

The affected nations are Muslim-majority countries, but other Muslim-majority countries -Egypt, Saudi Arabia, Indonesia, for example- are not on the list.  Moreover, the Executive Order applies equally to non-Muslims.

In short, there is no targeting by religion.