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October 07, 2010

Comments

 centralcal

Progressives make no sense. How do you expect their "laws" to be any different?

George Ditter

I think it was James II who largely triggered the Revolution of 1688 by claiming the "dispensing" power (keeping up a family tradition going back his father Charles I) by which he would preemptively permit the violation of Acts of Parliament based upon the fact that he clearly had the right to grant pardons for offenses prosecuted under those Acts. James' critics, seeing that such ability to "waive" laws vested in the monarch effectively meant the end of Parliamentary rule decided that England could dispense with James even if it meant turning over the throne to the Prince of Orange, James' son-in-law, a Dutchman. The English experience in attempting to create a representative government was fresher to the Founding Fathers than our Civil War is to us. The temptation to pass laws and gain even more power by granting waivers of dispensing with the law must be heady stuff for Progressives.

jimmyk

This is just the corollary of the idea that our paychecks go to the government and they decide how much we get to keep. Now it seems our rights go to the government, and Obama decides which ones we actually get to exercise. This is all working out well.

Extraneus

What does a company have to do to get favored with a waiver?

jimmyk

Contribute the DNC, natch.

Frau Ekelhaft

From USA Today:
The United Agricultural Benefit Trust, the California-based cooperative that offers coverage to farm workers, was allowed to exempt 17,347 people. San Diego-based Jack in the Box's waiver is for 1,130 workers, while McDonald's asked to excuse 115,000.
...
The biggest single waiver, for 351,000 people, was for the United Federation of Teachers Welfare Fund, a New York union providing coverage for city teachers.
BINGO!

Frau Ekelhaft

I just answered your question Ex.

Danube of Thought

Wonderful post, George D.

Extraneus

Dang. So Koch Industries won't be getting a waiver?

MarkO

Discretionary powers are a beautiful thing. May I have some?

Rick Ballard

I'll second DoT on the wonderful post. I seem to recall that the grant of indulgences spurred a rather significant backlash a hundred and fifty years or so before James II.

Old Lurker

Thanks George Ditter. More, please, when you see the chance.

The exemption from the new health care law granted today to 30 companies is just exactly that sort of "grant".

And also right out of Atlas Shrugged almost verbatim.

Porchlight

IANAL but would this fall under the concept of "arbitrary and capricious"?

NK

Obamacare is a perfect analog for the whole Barry O/Nancy/Harry gang. Pass a "law" by whatever illegal means you need, then have some Brown Shirt or Commissar "waive" it for political friends, and use the "Law" to ruin political opponents (do you think Koch Industries could get a waiver?) This crowd is a bunch of fascists, no two ways about it.

Danube of Thought

Somewhere earlier today I saw an article posted on Lucianne.com concerning how the GOP, even with control of only the house, can in fact cripple this thing through its power over the purse. (I had previously seen doubts expressed as to whether it could actually be done.). The softest target will be the state-run exchanges, which have not yet been funded, and there are other opportunities to gum it up badly.

Problem is, there will be substantial chaos throughout the system, and we will ultimately see a game of chicken unfold. Bring it on.

Dave (in MA)

I just had to share this. One of the side effects of "friending" acquaintances on Facebook is that comments from their friend lists get extruded onto your page. Here's a wonderful morsel that someone I don't know just pinched off and it plopped onto mine:

Before Bush, I said if the GOP ever controlled all 3 branches of government we'd have extralegal interment camps, attacks on civil liberties, growth in poverty and income inequality, and a war. I was wrong; we got two wars. Now I tell you, if the GOP regains the hill, recovery will stall, the economy will tank, Obama will blamed, and the US will see a solid decade deteriorating living standards and economic misery.
There are no words.

squaredance

This is just "Rule by Decree", which is to say that it is pure lawlessness. This is no different than living in France under the Acient Regime, in England at the height of the Monarchy's power or the old USSR.
The only difference is that Americans still think that they live in a constitutional Republic. This fall may be our last chance to get it back.


Not only do these people in no way intend to fulfill their constitutional role, they have contempt for that role. The arrogance of these people is without precedence in our national life, and this obtains on both sides of the aisle.

Just wait until the Democrats steal enough votes to keep their "firewall or at least seriously blunt their defeat.

What will we do then?

jimmyk

Bring it on.

Agreed, but we have to be prepared also to fight the MSM, who will declare that the Republicans are sabotaging the program, which would have worked beautifully otherwise. Any bad thing that happens will be blamed not on Obamacare but on Republican sabotage. You can count on it as sure as the sun rising in the east tomorrow morning.

Thomas Collins

Nancy Pelosi might say that Obama needs to announce the dispensations before we know what's in ObamaCare.

Hopefully the newly elected Congress will dispense with all of ObamaCare. Depending on how bad the rout is on November 2nd, many remaining Dems could join GOPers in overriding any Obama veto of a "dispensation to end all dispensations" repeal act.

Porchlight

This crowd is a bunch of fascists, no two ways about it.

I agree. Unfortunately the term 'fascist' has been thrown around casually for so many years that it has lost most of its meaning, at least in this country. And that's exactly how the proto-fascists wanted it to happen.

Now that they have power, they can do it for real and most people won't recognize it for what it is.

Rob Crawford

Now that they have power, they can do it for real and most people won't recognize it for what it is.

The word "tyranny" still carries weight.

Jack is Back!

Koch Industries is the subject of IRS curiosity as to how much taxes are they evading by being structured as a partnership instead of the much more desired corporation. Corporations are evil but they pay lots of taxes. Koch Industries pays less tax and that gives them more money to feed and fuel the even more evil Tea Parties, don't ya know?

They'll get their waiver the same time Rupert Murdoch, Roger Ailes and The Washington Times gets theirs.

Rob Crawford

Jack -- don't forget that New York State audits Limbaugh every year.

PDinDetroit

When passing any law, one must remember that enforcement begins at the end of a gun.

Janet

Why would Jack in the Box or McDonalds get a waiver? I thought they were just this side of the asbestos manufacturers for being evil & trying to kill us. Pot growers should get a waiver, or anyone in the lottery/gambling business.

NK

Squaredance--

"What do we do then?" Remember your Jefferson-- "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." I am dead serious, if tyranny comes in the form of Barry O, the SEIU, the DNC, to me it makes no difference from King George III, Hitler Osama bin Laden, or Jefferson Davis. Since the Civil War the country has agreed to fight against domestic tyranny; since 1862 the federal oath swears to defend the constitution against enemies foreign and domestic. I buy that.

NK

Janet--

The JIB and McD's unions wanted the waivers, the company limited insurance is the best deal for their members. It was a union waiver,just like the rest.

Jane (sit on the couch or save your country)

Just got off the phone with a friend who knows a guy big in the Bielat campaign (Running against Barney Frank). He says Bielat is going to win.

MA is on no ones radar this election, but I think we are going to trigger the Tsunami.

Everyone thinks the polls are off at least 5 points because no one is picking up all the discontent.

PD

What does a company have to do to get favored with a waiver?

Ask before an election in which Democrat seats are threatened.

Porchlight

Wow, Jane.

Dave (in MA)
He says Bielat is going to win.
Your friend has a higher opinion of the Mass. electorate than I do. I hope he's right.
PDinDetroit

Everyone thinks the polls are off at least 5 points because no one is picking up all the discontent.

They are just ignoring the discontent, since those expressing it really don't matter.

NK

Baw-knee Fwank defenestrated by the voters? God I hope that happens.

Extraneus

I wonder how many other companies are putting the lipstick on right now.

Hugh Dudgeon

Jane,
Insty links to nat. journal piece that indicates that Delahunt is in play. LUN

Ms. Trish

Regarding McDonald's, when the story first broke, they needed two waivers. The first was for the new coverage cap rules and the second was for the 80-85% premium to benefits requirement.

Apparently, the waiver in the news is for the cap rules. So McDonald's still needs a waiver addressing the 80-85% requirement and my understanding is that HHS said they will not be in a position to do anything on that--if at all-- until mid November.

So the mini-med plan for McDonald's employees is still in jeopardy. Am I missing anything here?

Janet

Bielat's FB page is really active. I've posted links to Barny's pot bust & his ex boyfriend, Herb Moses, working for Fannie Mae on Bielat's page...gets lots of thumbs up. His is the most active politicians page I've linked with.

centralcal

Speaking of laws:

"France's plan to ban the burqa and other Islamic face coverings in public places is legal, top constitutional authorities in France ruled Thursday, clearing the final hurdle before the ban becomes law."

Dave (in MA)

To clarify, Delahunt isn't in play; he's retiring and the race pits Jeff Perry (R) against a D-(carpet)bagger from Barney's district.

Porchlight

Right on cue, Hotline reports (via Hot Air) that the DCCC is cutting off ad buys to vulnerable Dems like Markey and Ellsworth and starting to spend on supposedly safe Dems like Delahunt, Sanford Bishop, John Salazar, etc.

Desperation setting in....

Democratic firewall shows fear of GOP wave’s amplitude

clarice

Wow,Jane. George, those were my thoughts precisely when I read about the waivers. At the moment all big employers are probably getting them on request to avoid the dumping issue from getting more play before the Nov revolution, but afterward, well..The song"Chicago" keeps playing in my head.

NK

Porchlight-- don't tease me. If those Dem names all go down in a true wave election, it would be a great day for the country. If this election goes pfft, and the Dems continue to control everything... God help us.

Dave (in MA)

http://keatingfacts.com/>Here's an NRCC site with info about the D running for Delahunt's vacancy. He lives in Sharon (Barney's district) but bought a house on the South Shore in order to run for the 10th seat.

Captain Hate

CC, Tammy Bruce is talking about that now and what a great move it is to force Islam to end its misogynist ways by ceasing to force women to walk around in potato sacks. It also points out the influence of Carla Bruni who has been pushing it behind the scenes; unlike complaining about fatassed kids and having your hired help growing vegetables. Vive la France.

Porchlight

Dave(in MA),

Sorry, you're right, not Delahunt, but Keating, the D running for Delahunt's open seat (MA-10).

NK,

I know, I have a hard time not getting my hopes up too.

I try to compare how I felt in 2006 (hoping for the best but secretly dreading the worst) to now (trying not to get too excited but secretly thinking it's going to be huge). If that difference has any basis in reality, things are looking good.

Porchlight

BTW Dave (in MA), I like how you don't mention the D by name. I think I'm going to adopt that strategy from now on. ;)

centralcal

Porchlight: National Journal (home of Hotline) has a related piece "Democrat's False Optimism," and in the comments this by Don Colibri:

"I have worked in the political field for 45 years in Canada, Britain and Mexico for parties of both the left and the right and I have only seldom seen what I am seeing in the US this year. Canada in 1984 and 1993, Thatcher in Britain during the 80s and Mexico in 2000. These become moments when you throw out the "conventional wisdom" and everything is turned on its head."

[snip]

"I'm a believer in the "eye of the storm" philosophy here. The Dems have spent millions, they have energized everybody and everything that can be energized this year, they have denigrated and attacked any and all of their opponents with every dirty, dishonest smear they can come up with. They have shot their bolt. This is as good as it will get for the Dems. They are now in the "eye" and now the OTHER side of the eyewall is about to hit....."

Ranger

Everyone thinks the polls are off at least 5 points because no one is picking up all the discontent.

Posted by: Jane (sit on the couch or save your country) | October 07, 2010 at 01:55 PM

This is something that I've been wondering. The normal trend is that R's pick up between .5 and 2% on election day over the last round of polls. My gut tells me this year it will be closer to 4%, but I can see it going even higher in places where the D's have been so entrenched for so long.

Jeff

note that these waivers are for one year only ... a pure political play ...

Wayne

Please someone explain to me how the waivers don't violate the equal protection act? I don't get it.

daddy the ADN's censored commenter of the month

"The temptation to pass laws and gain even more power by granting waivers of dispensing with the law must be heady stuff for Progressives."

Couldn't agree more.

I think of the fake Oil Moratorium we have up here in Alaska. Simply on the opinion of the unelected Salazar, Shell and others are shut down from Exploratory drilling. Salazar's word is "the Law", so the question becomes what does someone have to do to get a waiver from Salazar. Certainly not by contributing to the Republicans.

Or take the Federal regulations for Absentee Ballots to Military absentee voters. Didn't 5 States just get a Federal waiver to not have to comply with those regulations that were created to specifically ensure that Absentee Military Ballots would be counted? Wonder who those waivers benefit and who you have to pay off to get that benefit?

I'm sure we could all come up with dozens of examples close to home.

Frau Kopftuch

"France's plan to ban the burqa and other Islamic face coverings in public places is legal ... "

The ACLU, thankfully, is not an international organization.

Rob Crawford

"The temptation to pass laws and gain even more power by granting waivers of dispensing with the law must be heady stuff for Progressives."

See Panthers, New Black, Party of.

Ranger

Please someone explain to me how the waivers don't violate the equal protection act? I don't get it.

Posted by: Wayne | October 07, 2010 at 02:44 PM

The waivers are for HHS regulations (remember those 1000+ times the law says "the secretary shall"). That's how the kinder, gentler fascism works, it creats a binding net of regulations, then lets specific friends of the regime ignore them.

Army of Davids

Eurosclerosis

We don't get back to the pre-Pelosi 4% to 5% unemployment numbers until ObamaCare is repealed.

It is too big a weight for business and the job market to carry.

Frau Kopftuch

daddy, "Czars czuk" and must be refudiated!

Ranger

BTW, this does point out a key weakness of such a system. A future Republican administration could effectively kill the law for the duration of that administration by simply waiving the bulk of the law. Every buisness and every state could get waivers for the insurance mandate and medicare mandates, and the administration could then lay off every member of the 100+ boards and committees established by the laws as not needed since the regs are suspended.

Jane (sit on the couch or save your country)

I wish I'd known about that Keating Scandal before I went on the radio. It's Keating v Perry for the Delahunt seat.Apparently Keating has a major donor who is a lawyer and has held a fundraiser for him who is defending a murderer being prosecuted by Keating's office.

I mean please.

Danube of Thought

Jane, have you seen any polls on Barney? And by God, if the party thinks Markey is in trouble, the sky's the limit.

Ms. Trish

From Bloomberg News:

"The biggest single waiver, for 351,000 people, was for the United Federation of Teachers Welfare Fund, a New York union providing coverage for city teachers. The union asked for a waiver for its supplemental drug plan, which offers coverage up to $100,000 to pay for prescriptions, said union president Michael Mulgrew. The city of New York covers hospital and physician care for teachers and their families.

The waiver will buy the union time to figure out how to comply with the new limit. “We want to look at these costs and figure out exactly what they should cost us,” he said in a phone interview. "

They got a waiver because they need to figure out what Obamacare will cost them???!!! Isn't that what every single insurance providing employer in this country has to figure out?! Can they all get waivers too?!

daddy the ADN's censored commenter of the month

Frau,

Was just in Cologne on the morning of the Cologne Marathon. Landed about midnight, and the Driver to the hotel told us it was going down next morning, just outside the Hotel.

That was intriguing. Have run one, but not for many years. So when I got up I did a few deep stretches, put on my new Assics running shows, put on some shorts (weather was a beautiful clear 70 degrees), tossed on a short sleeve shirt, and sprinted down just a few blocks to very near where the race started, spotted a great outdoor BeerStube, ordered an outstanding ">http://si.wsj.net/public/resources/images/OB-DA407_kolsch_G_20090128111347.jpg"> Kolsch, and watched the fat old farts limp across the Finish Line in agony, since I didn't wake up to 4 PM. (Did I have you guys fooled?)

bgates

Did I have you guys fooled?

Somebody told me that same joke 16 years ago and I saw right through it.

The difference between here and in '94 is, you got me.

daddy the ADN's censored commenter of the month

I thought Michelle Obama was the worlds most powerful babe and that her Number 1 Priority was banning hamburgers.

Yet now we read that the one group getting all these waivers are the Hamburger Death Merchants---McDonald's, Burger King, Jack In the Box, etc.

Have I missed something? It seems to me that if she was the Hamburgerless Queen of the World, these would be the single outfits in America that wouldn't be getting Government waivers. Am confused. Help!

We've got the rule of law and we've got the rule of the tomtoms.

Ah'm a goin' to the parluh fer a perminnent waive.
==============

jimmyk

Please someone explain to me how the waivers don't violate the equal protection act? I don't get it.

Everyone has equal opportunity to ask for a waiver. It's just that some are more equal than others.

bgates

It seems to me that if she was the Hamburgerless Queen of the World, these would be the single outfits in America that wouldn't be getting Government waivers.

If you'd been paying any attention to Ann's comments over the past two years, you'd know that Michelle has been responsible for the expansion of most of the biggest outfits in America.

Ignatz

--And by God, if the party thinks Markey is in trouble, the sky's the limit.--

DoT, I don't believe that is the barely sentient Ed Markey but is some freshman Congress chick named Markey.

Stephanie

The outfits may have been expanding, butt some outfits proved inadequate to the task.

Danube of Thought

Ah shit, Ignatz.

Stephanie

I thoroughly enjoyed meeting RSE at Emory last night.

Jim called yesterday to say that he was unable to attend as his wife is having some health issues. Let's keep them in our prayers.

I also go to meet Donald and Bmoe and played a wonderful round of golf with Bmoe. We both had our C games for the day, but the weather was perfect and the talk was lively.

Hope to do another meetup in the future. Maybe a victory dance in November...

PD

Well, well:

Oct. 7 (Bloomberg) -- President Barack Obama won’t sign legislation that critics said would have eased the way for banks to process home foreclosures, his spokesman said.

The bill would have required courts to recognize notarizations across state lines, including electronic signatures. White House press secretary Robert Gibbs said the administration was concerned about the potential impact on home foreclosure proceedings.

Porchlight

Sorry, DoT. It's Betsy Markey in CO.

Dave (in MA)

Ed Markey is the clown who wanted to up his cred with the 'green' crowd so he used Second Life to "attend" the Bali climate change conference a few years back instead of a private Gulfstream V like everybody else.

Old Lurker

Wait till Mel and Rick see that one, PD. This has been keeping Mel awake lately.

Jack is Back!

daddy,

Picked this up over at Ace's. Have you seen it before? So when Leeeza starts in on the Tea Parties from out of state and how Alaskan's don't like outside interference, how the hell does she reconcile this "tentacles of influence" stretching all the way to Washington DC? LUN

Jack is Back!

daddy,

Here's the">http://www.washingtonexaminer.com/politics/Murkowski_s-_Alaska-Mafia_-and-the-public-dole-1132046-104443073.html'> Washington Examiner article on the Alaskan Mafia that goes with the chart.

Manuel Transmission

frau,

"Czars Czuk" is still proudly displayed on our garage wall ready for the next Party.

Frau Kölle alaaf!

Oh, daddy! Cologne and a Kölsch ... Did you have a halve Hahn (roll and aged Dutch cheese) to go with it? Your weather was special. My s-i-l tells me it has been raining, as is usual in the Rheinland.

"Kölsch, also written Koelsch, is a local beer speciality brewed in Cologne, Germany. It is a clear beer with a bright straw-yellow hue, and it has a prominent, but not extreme, hoppiness. It is less bitter than the standard German pale lager. Furthermore, Kölsch is warm fermented at a temperature around 13 to 21°C (55 to 70°F) and then cold-conditioned, or lagered.[1] This manner of fermentation links Kölsch with some other beer styles of central northern Europe, such as the Altbiers of northern Germany and the Netherlands."

Wiki also tells us: " ...exclusiveness is frowned upon by the Kölsch drinking culture, and there is a deal between the breweries that no Kölsch will be sold with any extra titles like "Premium", "Special", "Extra high quality" or some such. Karl Marx once famously remarked that his revolution could not work in Cologne, since the bosses went to the same pubs as their workers."

LUN is just for daddy or other beer fans.

Jane

Jane, have you seen any polls on Barney?


No but I am told it is within 10 and moving.

I think they mean Betsy Markey not ed Markey Dave.

Jane

Some Court in MI ruled that forcing people to buy health insurance is constitutional under the commerce clause. That's our first defeat and IMO unsustainable.

matt

Poles on Barney. That is rather suggestive.

My call for Eric Holder to resign and the reasons so. LUN

Jane

Matt,

Great piece. I cross posted it at You Too.

Rob Crawford

Some Court in MI ruled that forcing people to buy health insurance is constitutional under the commerce clause.

Wow.

Welcome to tyranny. The Republic was fun while it lasted.

Pagar

Reference PD's 4:00 post concerning Obama not signing H.R. 3808.

H.R. 3808. would have ended the rule of law in the United States. Giving amnesty to every alien who has entered the US illegally would have far less effect on the lives of Americans. HR 3808 has the same effect, it takes illegal actions performed by a bunch of thugs and makes them legal. No American law would have meaning anymore, all the violator would have to do when caught is get a bunch of Congresspersons to pass a law making their illegal actions legal.
The Ohio AG has filed suit against the robo signers and is asking $25,000 per violation.
IMO, $25,000 is a drop in the bucket to these law breakers. A million dollars per violation might get their attention.

The Republicans who decided to give this issue to the Democrats should be drummed from any position of influence at any level of government.

I am not in favor of people getting free houses that they have not paid for. I am favor of doing things in a legal manner.

maryrose

daddy:
Please keep updating us on the Milkowska vs. Miller race as your posts have been a lifeline for all of us. Also have I told you lately that you have a great sense of humor?

Dave (in MA)

http://www.wtop.com/?nid=25&sid=2072822>From swooning to "falling ill" in under 2 years.

narciso

I Luned an appearance earlier by Former Tranportation Secretary Federico Pena, at one time, considered the dumbest member of the
Clinton cabinet, comparing the immigration
issue to the Japanese internment, at a rally
for Marky, no wonder they turned out the lights on this race

Bob the Banker

Me thinks Pagar is late with his mortgage payments.

Sammy

CNN: "Obama and Biden to help out Coons"

LUN

Melinda Romanoff

PD-

It's a "pocket veto" with days still on the clock.

The big point of this would have given the banks a potential out for the foreclosure game.

It does absolutely nothing to address the securitization issues of MBS, nor does it resolve IRS requirements in assigning notes (mortgages) to the Trusts (which is what MBS mostly are).

Both would require an act of Congress to alter, at this point.

So, it still leaves a $10+ Trillion dollar problem out there.

And people have been trading off of this since late last week.

It should be in the full press, in some form, by tomorrow. (FT and WSJ electronic only already). WaPo will probably "Front Page" it tomorrow.

And, yes, I'm still "tossing" from it.

Jane

Dave,

He is probably poisoning them if they don't cheer loud enough.

Melinda Romanoff

The IRS regs, if followed, allow for separation of interest and principle on income received from the Trusts. This is why they're called "pass-through" securities". Abrogation of the IRS regs and it becomes 100% ordinary income.

Not touching the 90 day assignment rules governing the Trusts and the illegality of assigning non-performing mortgages to a previously "closed" Trust.

Millie

"Abrogation..."

No need to use salty language, young lady.

centralcal

Millie: Melinda is no lady.

Melinda Romanoff

Heh-heh-heh.

Sue

Doing the happy dance! Rangers 6. Rays 0.

::grin::

narciso

This is the Judge in the Michigan case, in the LUN

PDinDetroit

Some Court in MI ruled that forcing people to buy health insurance is constitutional under the commerce clause. That's our first defeat and IMO unsustainable.

LINK PLEASE!!!

PDinDetroit

Never mind, found it, LUN.

narciso

Well this was the first one I found, the argument doesn't really make much sense, in the LUN

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