Won't see this story in the Lame Stream Press that's for sure....Obamacare's Deathblow? This will make Chief Justice Roberts look like a real tool.

Reprinted from The Daily Mail.

Bombshell: Federal judge suddenly green-lights lawsuit that could stop Obamacare in its tracks

By David Martosko, U.s. Political Editor  Daily Mail

PUBLISHED: 14:27 EST, 22 October 2013 | UPDATED: 15:05 EST, 22 October 2013 

• Small-business plaintiffs say the government is treating all 50 states the same even though Congress allowed them to opt out – and 36 did
• The IRS is granting insurance subsidies to taxpayers in the 'refusenik' states, even though the text of the Obamacare law doesn't allow it
• A federal judge denied the government's motion to dismiss the case on Tuesday
• He also refused, however, to issue an injunction barring the Obama administration from implementing the law while the case moves forward

A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law.

The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court.

The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website.

Thirty-six states chose not to set up their exchanges, a move that effectively froze Washington, D.C. out of the authority to pay subsidies and other pot-sweeteners to convince citizens in those states to buy medical insurance.

But the IRS overstepped its authority by paying subsidies in those states anyway, say the businesses and their lawyers.

Tea party conservatives have long pushed for an end to Obamacare, and the lawsuit might give them the victory they're after.

The IRS has been offering tax incentives to citizens in all 50 states to get them to enroll in Obamacare, the plaintiffs say, although the Affordable Care act forbids it in the 36 states that have opted out. Without the subsidies, the employer mandate doesn't go into effect.

The subsidies serve as a trigger that determines who has to comply with the now-famous individual and employer mandates. So, the lawsuit claims, the Obama administration illegally enforced the Affordable Care Act – suddenly making millions of taxpayers and small employers subject to paying fines if they don't play ball.

The Affordable Care Act authorizes subsidies only for policies purchased 'through an Exchange established by the State.'

A different section of the law empowers the federal government to set up its own exchanges for each state that chose not establish one.

More...

• Thanks for catching me, Mr President! Diabetic expectant mother tweets her gratitude after she fainted behind Obama during healthcare speech
• Website programmers KNEW there were problems with the Obamacare site but government testers gave it the green light
• Obama asks people to call in to sign up to Obamacare after 'unacceptable' problems with $394 million website... but now the PHONES aren't working
• Just THREE of the 13 Americans standing behind Obama in Monday's Rose Garden Obamacare photo-op have actually signed up
• How the government spent $394 MILLION on the Obamacare website - more than it cost to build Facebook and Twitter - and it STILL doesn't work

But government lawyers have argued that 'Congress made clear that an exchange established by the federal government stands in the shoes of the exchange that a state chooses not to establish.'

The Treasury Department, they contend, 'has reasonably interpreted the Act to provide for eligibility for the premium tax credits for individuals in every state, regardless of which entity operates the exchange.'

But that amounts to the federal government ignoring the letter of the law, lawyer Sam Kazman says.

And 'without those subsidies, the employer mandate isn't triggered,' he told MailOnline.

And that could make the entire Obamacaresystem unsustainable.

Health and Human Services Secretary Kathleen Sebelius is the named defendant in the legal action, which claims her agency is ignoring 36 states' desire to opt out of enforcing the Affordable Care Act

Oops: President Obama appeared with 13 Obamacare supports Monday in the White House rose garden, but only three of them have actually enrolled in the health insurance exchanges Kazman is general counsel for the Competitive Enterprise Institute, a free-market think tank that is coordinating the case.

Attorney Sam Kazman says the federal government is illegally subsidizing health insurance in all the states that chose not to set up their own health care marketplaces. And without the subsidies, the entire Obamacare system could fail

'The IRS cannot rewrite the law that Congress passed,' said Tom Miller, resident fellow at another think, the tank American Enterprise Institute.

'Its regulation expressly flouts the statutory text of the Affordable Care Act, the intent of Congress and the reasoned choices of [36] states.'

'The fiscal impact' of denying the Obamacare system millions of dollars in lost fines, 'while sizable, wouldn't be large enough to bring down the house,' Kazman added. The poltical one, however, is.'

'You'd have 34 "refusenik" states exempting their employers and many of their citizens from the employer mandate and portions of the individual mandate,' he explained.

'You'd have companies in participating states considering whether to move their operations' to states where they don't have to obey the Affordable Care Act. 'And you might even have some of those states seeking to undo their choice to participate.'

Headaches: The Obamacare website has suffered glitch after glitch since its October 1 launch, creating PR problems for the White House and practical problems for the HHS and IRS

The Competitive Enterprise Institute said in a statement that the IRS and the Department of Health and Human Services have pushed regulations that Congress didn't authorize, forcing some employers 'to cut back employees' hours' in order to dodge Obamacare's more economically challenging requirements, 'even though they are located in states that have refused to set up their own insurance exchanges.'

U.S. District Judge Paul Friedman refused to dismiss the case, as the government requested, but also denied the plaintiffs' request for a preliminary injunction that would prohibit the IRS and HHS from granting subsidies in what lawyer Kazman calls 'refusenik' states.

This Michigan company says complying with the Obamacare law is forcing it to let some employees go and trim others back to part-time hours to offset the cost of the employer mandate -- a provision that wouldn't kick in without the IRS subsidies

Judge Friedman said Tuesday that he will rule on the merits of the case by February 15.

By then the Obamacare law will be in full swing, nearing the end of its open enrollment period and providing health care services to Americans who sign up for coverage by December 15.

Kazman said his organization would 'take an immediate appeal to the U.S. Court of Appeals' in order to get a re-hearing on the motion for an injunction to stop the clock on Obamacare while the larger legal issues are worked out.

At the lawsuit's heart is a set of distinctions that Congress drew between the 14 states – 15 including the District of Columbia – that chose to establish health insurance exchanges and the 36 that opted out.

The plaintiffs, who all hail from 'refusenik' states, say the federal government has invalidated their state governments' choices.

Kazman said that the Obamacare statute does not empower the IRS or HHS to 'give subsidy funding to people in states not authorized by Congress to receive it. That move, he agreed, had he effect of 'gutting a choice – to participate in the exchange program or not – that states were given by Congress.'

The government is 'asking you to interpret "north" to mean "south,"' plaintiffs’ attorney Michael Carvin told Judge Friedman on Monday.

The White House referred questions about the lawsuit to the Health and Human Services Department, which declined requests for comment and passed the buck to the Justice Department. The DOJ didn't respond to emails seeking a position on the lawsuit, which its lawyers are defending.

Read more: http://www.dailymail.co.uk/news/article-2471978/Bombshell-Federal-judge-suddenly-green-lights-lawsuit-stop-Obamacare-tracks.html#ixzz2iZyPy9u1
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With all the nasty rhetoric and vile name-calling from the left of late, this is an appropriate article to re-visit...

12 Ways To Use Saul Alinsky's Rules For Radicals Against Liberals

John Hawkins 4/13/2012 12:01:00 AM - John Hawkins

Saul Alinsky was a brilliant man. Evil, but brilliant. Unfortunately, whether we like it or not, everyone on the Left from the President on down is playing by his rules in the political arena. Not all liberals have read his book or know his name, but his tactics have become universal. Sadly for conservatives, when two evenly matched forces go head-to-head outside of a fairy tale, the side that tries to play nice usually ends up with its head in a box. So, don't lie or become an evil person like Alinsky, but learn from what he wrote and give the Left a taste of its own medicine.

Always remember the first rule of power tactics: Power is not only what you have but what the enemy thinks you have.

The second rule is: Never go outside the experience of your people.

…The third rule is: Wherever possible go outside the experience of the enemy. Here you want to cause confusion, fear, and retreat.

…the fourth rule is: Make the enemy live up to their own book of rules.…the fourth rule carries within it the fifth rule: Ridicule is man’s most potent weapon.

…the sixth rule is: A good tactic is one that your people enjoy.

…the seventh rule is: A tactic that drags on too long becomes a drag.

…the eighth rule: Keep the pressure on.

…the ninth rule: The threat is usually more terrifying than the thing itself.

The tenth rule: The major premise for tactics is the development of operations that will maintain a constant pressure upon the opposition.

…The eleventh rule is: If you push a negative hard and deep enough it will break through into its counter-side.

…The twelfth rule: The price of a successful attack is a constructive alternative.

…The thirteenth rule: Pick the target, freeze it, personalize it, and polarize it. — Rules for Radicals

1) Power is not only what you have but what the enemy thinks you have. Boycotts have fallen out of favor on the Right because the Left has used that tactic to target conservative radio. This is a mistake. That's because there are a lot more conservatives than there are liberals and we're much more capable of using the tactic effectively. There are roughly 120 million people who identify with conservatism in this country and almost twice as many Christians. When there are threats that Christians and conservatives will refuse to go see movies, stop buying products, or cancel subscriptions, it will scare some people straight. That threat should be used and carried out much more often.

2) Never go outside the experience of your people. Want to know why Republicans are so terrible at reaching out to minorities? Because identity politics works really, really well and conservatives tend to oppose it on principle. So, white Republicans are constantly trying to go outside of their experience and reach out to minorities who are generally disinclined to listen to them because they have the wrong skin color. When the GOP accepts reality, adopts the tactics of the Democratic Party, and starts paying off our own Sharptons and Jesse Jacksons to reach out to minority groups and call Democrats racists, we'll start making inroads with minorities for the first time in decades.

3) Wherever possible go outside the experience of the enemy. The GOP often foolishly retreats from social issues. This is a huge mistake in an era when 76% of the country is Christian and most liberals find sincere Christian beliefs to be repellent. We don't have to preach at anyone, wag our fingers, or turn into legions of Ned Flanders, but we shouldn't be afraid to talk about our Christian beliefs, stick up for Christians who are under attack, and hammer the Left for its anti-Christian bigotry. Conservatism is a pro-Christian ideology and liberalism is an anti-Christian ideology. We should never be afraid to drive that point home.

4) Make the enemy live up to their own book of rules. This is something conservatives have gotten much better at in the last few years, but we seldom take it far enough. If we did, a tax cheat who advocates higher taxes could certainly never be our Treasury Secretary, Barack Obama would be afraid to associate with race hustlers like Al Sharpton or one percenters like Warren Buffet, and Al Gore would have either given up his mansion or his status as the leader of the cult of global warming.

5) Ridicule is man’s most potent weapon. Conservatives have a tendency to try to win every debate with logic and recitations of facts which, all too often, fail to get the job done because emotions and mockery are often just as effective as reason. The good news is that liberals almost never have logic on their side; so they're incapable of rationally making the case for their policies while conservatives can become considerably more effective debaters by simply adding some emotion-based arguments and sheer scorn to their discourse. This has certainly worked on Twitter, where conservatives keep making the Obama campaign look like buffoons by taking over its hashtags.

6) A good tactic is one that your people enjoy. Sometimes Republicans get too serious about politics. Why not hold a fund raiser at the gun range? What's wrong with having Kid Rock or a bunch of popular country musicians play at a massive voter registration drive? How about building some giant puppet heads of our own, featuring Nancy Pelosi injecting botox into her face or Barack Obama punching the Pope in the stomach? A little controversy and fun draw in the eyeballs and gets people excited.

7) A tactic that drags on too long becomes a drag. This one seems self-explanatory, but in practice, it can be tough to keep things on a timeline. This is what happened to the Occupy Movement, the wars in Iraq and Afghanistan, and the Republican race for the presidency, too. If it goes on too long, people sour on it whether it’s a war, an election, or a tactic.

8) Keep the pressure on. Conservatives fall down on this one all the time. Just when Obama's SuperPac was starting to feel real pressure over taking a million dollar donation from Bill Maher, conservatives eased up. This is also why liberal film stars feel so comfortable trashing conservatives, Christians, and Americans -- even right before their film comes out. It's because we get offended, shrug our shoulders, and then almost immediately let it go. Sometimes, an apology doesn't fix everything. How often do liberals accept an apology at face value and let an issue go?

9) The threat is usually more terrifying than the thing itself. How about we treat the Left to some of its own medicine? Libs throw a pie at a conservative author on campus; then we promise to shower every liberal speaker on the same campus with garbage. They post a conservative address online; we post two liberal addresses online. They hold a protest at someone's house; then we hold a protest at someone's house. 

They hit one of our politicians with glitter; we hit one of their politicians with coal dust. Liberals have a mentality that says, "Everything we do is harmless, but everything conservatives do is potentially dangerous." Yet, we're usually too well behaved to copy their tactics. Mimic those tactics once or twice and the Libs will freak out so hard that they'll start declaring it to be off limits for everyone, including their own activists.

10) The major premise for tactics is the development of operations that will maintain a constant pressure upon the opposition. When you launch an attack, tie it in as part of a theme and never stop hammering the theme as long as it's true and it works. John Kerry is a flip-flopper, Bill Clinton is a liar, Barack Obama is bankrupting the country and wrecking the economy -- tie your attacks into themes that can be picked up on social media, talk radio, cable TV, and in the blogosphere over the long haul. Why does McDonald's keep running ads? Because it may be that 50th ad or 100th ad you see that gets you to go buy a Big Mac, just as it may be the 50th or 100th time someone hears that Obama is bankrupting the country and wrecking the economy before it sticks.

11) If you push a negative hard and deep enough it will break through into its counterside. The winner in politics is almost always whoever is on offense. Liberals understand this in an intuitive way that most conservatives don't. We think because we have this wonderful, honest, logical response to a charge that we're scoring major points -- but, except in rare cases, it's not true. If you're spending all of your time refuting the charges that you're extreme, racist, hate women, and despise the poor -- you're losing. That's because some people will assume where there's smoke, there's fire, and disbelieve you no matter how good your explanation may be. Additionally, if you're busy defending yourself, you can't go after the other side. Defend when you absolutely have to, but make sure most of your time is spent attacking relentlessly attacking.

12) The price of a successful attack is a constructive alternative. Honestly, this is more of a liberal problem than a conservative one, since liberals always seem to be clamoring to rip out some functional necessity of American society so they can replace it with an ill-defined hodgepodge of ideas that they think will shift power their way or be less "mean." Our ideas work; so coming up with a constructive alternative is seldom a problem.

13) Pick the target, freeze it, personalize it, and polarize it. Conservatives tend to do well with this one until they get to the last part. Polarization is at the core of the Left's strategy. According to liberals, if you're conservative, you hate blacks, Hispanics, gays, Jews, Muslims, women, the poor, the middle class, the environment, and probably a half dozen other groups I've forgotten. Even when something is in front of our face, conservatives shy away from polarization. What's wrong with pointing out how hostile the Democratic Party has become to Christianity? Why not point out the truth: that most white liberals are racists who think black Americas are too stupid and incompetent to compete with white Americans, which is why they push Affirmative Action and racial set asides? Why not note that liberals want poor Americans to stay poor and dependent, because as long as they do, they'll keep voting for the Democrat Party? 

There's a reason Barack Obama bows to foreign leaders, is constantly apologizing for America, attended an anti-white, anti-American church for 20 years, and it's why his wife was proud of the country for the FIRST TIME because she thought it was going to elect her husband. The sad truth is that these are people who hate and despise this country. Why do you think "hope and change" appealed so much to Obama that he made it his theme? When you look at America as an evil, racist, unfair, horrible place to live inhabited by ignorant trash and "bitter clingers," what else would you do other than hope for change? If you love this country and the values it represents, the people in the White House not only don't share your values, they hold people like you in utter contempt.

Just some good old common sense...

A government big enough to give you everything you want, is strong enough to take everything you have.
Thomas Jefferson

A government which robs Peter to pay Paul can always depend on the support of Paul.
George Bernard Shaw

Giving money and power to government is like giving whiskey and car keys to teenage boys.
P.J. O‘Rourke, Civil Libertarian

Government is the great fiction, through which everybody endeavors to live at the expense of everybody else.
Frederic Bastiat, French Economist (1801-1850)

If you think health care is expensive now, wait until you see what it costs when it‘s free.
P.J. O‘Rourke

Just because you do not take an interest in politics doesn‘t mean politics won‘t take an interest in you.
Pericles (430 B.C)

What this country needs is more unemployed politicians.
Edward Langley, Artist (1928 - 1995)

Once again, Sarah Palin speaks simply, accurately and patriotically

Palin favors impeachment in default debacle

Never one to mince words, former Alaska governor and vice-presidential candidate Sarah Palin recently levied some harsh criticism regarding Barack Obama’s handling of the current debt crisis.

In light of his constant insistence that the debt ceiling must be raised prior to Thursday, Palin concluded Obama is “scaremongering the markets” and showing a critical lack of leadership.

“Defaulting on our national debt is an impeachable offense,” she said, “and any attempt by President Obama to unilaterally raise the debt limit without Congress is also an impeachable offense.”

She concluded this administration’s out-of-control spending “is a betrayal of our children and grandchildren who will be stuck with the bill.”

The U.S. Constitution, Palin explained, puts forth the nation’s plan for tackling national debt. By following that lead, she noted there is no worry of a default.

Obama, however, is notoriously reluctant in deferring to the wisdom of America’s founders.

“We currently collect more than enough tax revenue to service our debt if we do that first,” Palin asserted. “However, we don’t have enough money to continue to finance our ever-growing federal government …. That’s why President Obama wants to increase the debt limit.”

Throughout the shutdown, this administration has proven its willingness to make life as difficult as possible for the American people. In return, the leftists in charge try to pin the blame on conservatives in a game of political one-upmanship.

Given his apparent glee at the prospect of holding elderly tourists hostage and threatening veterans with arrest for merely visiting a national landmark, it is not unreasonable to believe Obama could plunge the nation into its first default.

Palin is once again placing herself at the forefront of a national debate and, as usual, comes down on the right side. Of all the acts for which impeachment is warranted, sending a nation into economic ruin to suit an ideological bent should fall near the top of the list.


–B. Christopher Agee

If it weren't so true and tragic it would be hilarious....

Keep the faith CONSERVATIVES! Our day will come. Remain patient, vigil and active. Liberalism, socialism has never lasted, and will never last for one very simple reason that Ms. Thatcher so eloquently explained..."You eventually run out of other people's money."

Laura Ingraham is one pundit I believe so this gives me hope.

October 14, 2013

Newsflash: Conservatism isn't dead

Everybody is in a panic about the future of conservatism these days, but they are forgetting one basic point: the Democrats have no good record to run on. Yes, they have the White House. Yes, they have huge demographic advantages. Yes, they could win in 2014 or 2016. But at the end of the day, liberalism doesn't work. That's why left-wing parties in Europe and Canada are in so much trouble. Here the government has more room to borrow, and that borrowing is helping to keep the Democrats afloat. However, that borrowing is not leading to real, sustainable prosperity, and liberals are incapable of making the type of systemic changes that will be necessary to re-start the U.S. economy.

For now, Tea Partiers have been beaten. The combination of the Administration, the Democrats, the Media, and the GOP Establishment was too much for them. But they are right about Obamacare, they are right about the debt, and they are right about government spending. They just need to keep working, and keep waiting.  Eventually, when the Establishment of both parties has given up on the future of America – and we are very close to this point already – the Tea Partiers will be in a position to lead. I don't know how long this will take – but if Conservatives distance themselves from the bi-partisan Establishment, and keep warning about all the mistakes that are being made, their chance will come.

http://www.lauraingraham.com/blog?categoryID=6#a=1&year=2013&month=9&action=blogArchive&destinationpage=%2Fpg%2Fjsp%2Fcommunity%2Fblog%2Fbloginclude.jsp&categoryID=5&categoryID=6&categoryID=9&categoryID=10

Let's start blaring Jefferson Airplane's "We Can Be Together" with the taunting line of revolution "...tear down the walls...tear down the walls Mother f------s"

Occupy America! Citizens storm the Barrycades

By Michelle Malkin  •  October 9, 2013 10:06 AM

Occupy America! Citizens storm the Barrycades
by Michelle Malkin
Creators Syndicate
Copyright 2013

Could this be the end of Monument Syndrome? Across the country, ordinary Americans are rising up in revolt against the old Washington tactic of closing public parks and memorials during selective government “shutdowns” to score political points. Tax-paying tourists are tossing off the orange traffic cones and “Barrycades.”  Enough is enough.

The movement started with waves of World War II veterans who flew to D.C. last week as part of the Honor Flight Network. (The nonprofit group brings our surviving heroes to visit the memorials that honor their service and sacrifice.) The vets and volunteers breached the fences last week, exposing the tone-deaf tactics of President Obama’s Spite House.  Honor Flight visits continue this week, and more vets vowed to defy the cynical closures.

They are not alone. At Gettysburg National Military Park, tourists broke through barriers and posed for pictures on the battlefields with notes reading, “Catch us if you can.” One visitor reported that motorists formed impromptu caravans as rangers chased them. “Strength in numbers,” they tweeted.

At Mount Rushmore and in the Badlands of South Dakota, families barreled over hazard cones. Their photos went viral on Facebook. In Wisconsin, GOP Gov. Scott Walker defied the National Park Service and opened state parks that Obama-crats wanted closed because they receive some federal dollars. At the Mingo National Wildlife Refuge in southeast Missouri, a group of 20 protesters defied threats of arrest to enter the park.

“This is to get some knowledge out there that the federal government has its fingers in everything, including our own land in our own states, and, out of spite, they’ll shut it all down,” Jackson resident Brian Bollmann told the local press.

In Michigan, tourists crossed police-style yellow tape and construction barrels to get to Munising Falls in the Pictured Rocks National Lakeshore. Twitter users posted photos of the broken barriers over the weekend. The Mining Journal reported on one visitor who simply stepped over the tape:  “Well, that worked, huh?’  she asked rhetorically.” Take that, manipulative federal overlords.

At Zion National Park in Utah, hikers scaled the fences and wondered why so many supposedly furloughed workers were working to keep them out. One visitor, highlighted at my Twitter aggregator Twitchy.com, described her experience to me last week at the scenic tourist spot:

“(W)e were advised by the park ranger at the gate that we couldn’t stop our car at any time in the next 12 miles. To ensure that we didn’t pull over at any of the scenic viewpoints, cones were placed at every turnoff. That didn’t stop people, however, as many were getting out, moving cones and quickly taking pictures. People were incredulous at that restriction, as if they could somehow shut down our ability to enjoy our surroundings. … I did enjoy seeing an elderly couple, in a display of civil disobedience, leave their car and walk hand in hand on the red rock.”

Welcome to Occupy America. It’s a protest movement for all ages against Washington business as usual. Thanks to social media, citizens outside the Beltway are now able to voice their disgust in an unprecedented way. Through Twitter, Facebook and blogs, they are directly disrupting the well-worn politics of government parks-and-wreck extortion.

From closing down parts of the ocean around Florida to booting elderly citizens from their private homes on Lake Mead to shutting down private restaurants and farms that just happen to sit on federal land, the Democrats’ overreach has finally backfired.

The explanation for this ridiculous Obama obstructionism can be summed up in one word: Control. Control of the people. Control of the partisan narrative. Monument Syndrome, perfected under the Clinton administration, is about inflicting the most visible pain on citizens to demonize political opponents. Big-government advocates in the media enabled the manipulators.

For decades, taxpayers were passive pawns in this gamesmanship. No more. Monument Syndrome, R.I.P.