More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.       Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading →

Lessons of the Tulowitzki Jersey Fiasco

Troy Tulowitzki is the superstar Colorado Rockies shortstop, and has been since for nine years. He has been named an All-Star four times,won two Gold Glove awards and two Silver Sluggers; he is widely regarded as one of the best players in baseball. Last weekend was Tulowitzki jersey night, with 15,000 lucky fans getting a Rockies purple jersey with the home town hero’s name on the back.

Here is how the the jerseys looked…

His name is spelled T-U-L-O-W-I-T-Z-K-I...just like it sounds, in fact.

Tulo jersey

Observations: Continue reading →

Jonathan Gruber, Bad Law Ethics, The Corruption Of Democracy, And The Affordable Care Act

"Oh what a tangled web we weave..." You know the rest of Sir Walter Scott's famous quote. So why doesn't the Obama Administration?

“Oh what a tangled web we weave…” You know the rest of Sir Walter Scott’s famous quote. So why doesn’t the Obama Administration?

There are important democratic lesson to be learned from the ongoing Obamacare Ethics Train Wreck, and we could discuss them objectively if the beleaguered supporters (enablers? excusers? rationalizers? propagandists?) of the law would just start accepting facts rather than resorting to dishonesty in all of its forms. The law is a mess. The law is a mess because its proponents in Congress passed it without reading it, because the public was deceived and misled in order to pass it, and because Congressional leaders and the President, in addition to not reading  major legislation that have massive consequences to the nation’s population, businesses, and budget, pushed it through without the usual two House scrutiny and amendment process.

Fixing the mess, or trying to fix it, has caused as many problems as the misbegotten law itself. (Please note that I am not discussing the intentions of the law, or what good things it might accomplish for Americans show needed help getting health insurance. That is beside the point. Good intentions don’t make a good law, or a bad law good. Look at the chaos at the border generated by the 2008 anti-human trafficking law, when it was mixed with irresponsible Democratic rhetoric and administration policies suggesting that illegal immigration restrictions were a thing of the past where children were concerned. Yes: many Americans have benefited from the Affordable Care Act. That fact alone, stated without reference to all the chaos, uncertainty, corruption, division and misrepresentations that accompany it, does not mean the law has been a success.)

The law depended on a penalty for not buying health insurance, a penalty that Democrats insisted was not a tax (so the President didn’t have to defend a large tax increase.) But a penalty for not doing what citizens should be free to do was unconstitutional, so Chief Justice John Roberts, in the spirit of avoiding government by judge, allowed the ACA to slip by in a 5-4 decision by declaring that the mandate was a tax, regardless of what it had been called to get it passed, and thus was constitutional after all.

Then the President began delaying deadlines and waiving provisions in the law that weren’t ready to go into effect or that were obviously going to cause more embarrassments. This was an abuse of power: Presidents can’t change laws by fiat. It established a dangerous precedent that undermines Constitutional democracy and the Separation of Powers. But it’s a bad law, and an unpopular law; the Republican House obviously won’t agree to the fixes needed without also doing a major overhaul, and this is, in the ironic words we keep hearing, most recently by the New York Times, Present Obama’s “most significant legislative achievement“—how sad is that?—and must be preserved at all costs.

At all costs. So far the costs of the ACA have been complete partisan polarization, the public’s realization that the President who pledged “transparency” will lie repeatedly to get his way, judicial rescue or dubious validity, and the defiance of the lawmaking procedures delineated by the Constitution. And the ethics train wreck goes on.

In Halbig v. Burwell, the US Court of Appeals for the DC Circuit ruled that those who purchase health insurance under the Affordable Care Act are only eligible for federal tax credits if they do so through an exchange established by a state.  (Another court ruled otherwise.) The court did this because this is what the miserably drafted, rushed, never-read by its own champions actually says, stating that tax credits are only available to those who purchase insurance in an “[e]xchange established by the State.” Obama-propping pundits, Democratic officials and the Administration’s spokespersons have attacked and indeed ridiculed the decision, saying that he court should have refused to enforce the actual wording of the law because it creates an absurd result. After all, the ACA’s stated goal is to expanding access to health insurance. Why would Congress try to limit it in this fashion—I mean, other than the fact that they had no idea what the law they were voting for actually had in it, just a general idea about what it was supposed to do? Continue reading →

Ethics Observations On The Latrez Cummings Sentence

"I understand, son. We've all been at that awkward, "just want to beat the old white guy to death" age...."

“I understand, son. We’ve all been at that awkward, “just want to beat the old white guy to death” age….”

Detroit Third Judicial Circuit Judge James Callahan sentenced 19-year-old gang member Latrez Cummings to six months in jail for his participation in the mob beating of Steve Utash, a 54-year-old white man who jumped out of his car to assist a 10-year-old African-American boy after his pick-up truck hit the child. Cummings and at least 20 others on the scene attacked Utash and beat him severely, leaving him with permanent brain damage.

Judge Callahan told Cummings that the lack of a father was what led him to his current plight. “That’s all you have needed in your life, a father, someone to discipline you, someone to beat the hell out of you when you made a mistake,” Callahan lectured Cummings. “Without the guidance of a father, being 19 years of age, I can understand how some of these problems existed in the past.” The judge added that Cummings has suffered without “somebody to beat the hell out of you when you made a mistake.”  With the further rationalization, “We’ve all been 19 years of age, ” Callahan handed down the six month sentence, to be followed by probation.

The prosecutor, to her credit, went nuts. Said Assistant Wayne County Prosecutor Lisa Lindsey: Continue reading →

KABOOM!! Dana Milbank’s New Record For Flagrantly Dishonest Punditry

Exploding head

I am through with Dana Milbank, and also with anyone who quotes him, relies on him, believes him or—take note, Washington Post—employs him. There must be some level of insulting, dishonest, toadying, intentionally misleading punditry that qualifies as intolerable, and Milbank’s latest column for the Washington Post—syndicated elsewhere so the maximum number of weak minds can be polluted—defined it. I’m not going to reprint a word of it for fear that it will poison the blog, or cause your head to explode like mine just did—but I can describe its thesis. Get this: Milbank decries a “crisis of the week political culture” in Washington, and blames the news media, Republicans and Congress for the shifting attention. I am suppressing a scream as I write this.

There is a “crisis of the week” political culture because the incredibly inept and incompetent President of the United States has mismanaged every conceivable aspect of the government’s policies, domestic and foreign, while maintaining incompetents and political hacks in key positions and sending the message that there will be no accountability for abject failure, and because, despite pledging unprecedented transparency, the standard operating procedure for this group of ideologically doctrinaire and skill-challenged group has been to posture, obfuscate, stall, mislead and lie until various ugly chickens come home to roost, and then to rely on the news media to accept absurd excuses, explanation and blame-shifting theories, chaos has been percolating beneath the surface in dozens of vital areas—oh yes, more bad news is coming—and the full measure of various disasters are finally becoming known.

There is a crisis of the week mentality because a new catastrophe caused by the epic incompetence of this Administration is being uncovered every week, and sometimes every day.

And Dana Milbank blames the political culture, as if it is making this stuff up.

And he expects readers to agree with him.

And a lot of them will.

Kaboom.

Continue reading →

Comment of the Day: “Nobody Should Be Cheering The Poll Showing President Obama As Regarded As ‘The Worst President Since World War II'”

ObamaVeteran Ethics Alarms commenter Glenn Logan scores his fourth Comment of the Day, but his first in two years. (He’s been busy.) Here are Glenn’s observations on the recent post regarding a poll showing widespread public disappointment in President Obama’s performance, and the conservative gloating about it in some quarters. The post was Nobody Should Be Cheering The Poll Showing President Obama As Regarded As “The Worst President Since World War II”

Two things strike me about this:

1. The problem is, we put too much on Obama’s shoulders. We (collectively) asked him to change the culture of Washington in return for our vote. Failing to do that was inevitable, and our seeing is as his personal failure is more a reflection of our own incompetence as voters (we are the only ones who can change Washington) and the imputation of superhuman status to an iconic (i.e. “post-racial” president) than Obama’s.

2. There is a heck of a gap between failure and excellence. The problem is, Obama’s hubris, which is at the root of all his problems, has produced in his presidency exactly what it usually produces in other walks of life: Misjudgment, tone-deaf partisanship, arrogant dissimulation, and a complete failure to lead. This is objectively where he went wrong, rather than merely running afoul of unfairly elevated expectations and partisan infighting.

We asked Obama to do what we are charged with doing. That was our failure. President Obama failed to execute his office with even minimal competence, and then blamed everyone but himself. Not only that, the American people invested so much in the idea of “change” that his allies felt could not afford even a semblance of disagreement.

So collectively, they did what people almost always do in that situation — circled the wagons and acted like the failure was success in hopes of convincing as many people as possible. They are still certain (because they think they can’t afford not to be) that Obama’s presidency is fully dressed, despite the evidence of their own eyes.

It’s always bad for us when our leaders fail, and schadenfreude is an inevitable, if unfortunate reaction. The irony of celebrating failure and the concomitant lessening of our country is tragic comedy worthy of Shakespeare.

Nobody Should Be Cheering The Poll Showing President Obama As Regarded As “The Worst President Since World War II”

News Item:

“In a new Quinnipiac University Poll, 33% named Barack Obama the worst president since World War II. Only 8% named Obama as the best president.”

Comments:

1. The conservative blogosphere, and I assume conservative radio and Fox News, are crowing about this. That’s revolting. No citizen or patriot should rejoice at a failed Presidency, which this one surely is.

2.The United States desperately needed–and needs—a uniting, skilled, strong and non-ideological leader with the ability to solve problems while maintaining a positive image of his (or her) iconic office and the United States itself.  That a President who promised so much and created such hope has proven to be none of these is no less than a tragedy, and quite possibly a catastrophe.

3. Polls aren’t always meaningless. This one is important, I think, because it shows that the American people are paying attention, and that the incredible covering, bolstering, spinning and enabling efforts by the mainstream media to prop up President Obama and blame others for his inadequacies have failed. This is good news.

4. The bad news, in addition to what I already mentioned above is… Continue reading →

Is It Possible That The Democratic Party Is As Corrupt As Its Conduct In The I.R.S. Investigation Suggests?

Corleone testifiesThis began as an Ethics Dunce post, but designating Congressional Democrats as ethics dunces for their current, apparently agreed upon and coordinated response to the disgraceful I.R.S. scandal—and it is a scandal—appears far more sinister than that. This appears to be a cover-up, and a particularly blatant, clumsy and desperate one, as well as a sickening display of a major political party abandoning its principals and constituency—meaning the American people and not donors, sycophants or “the base”—to impede an effort to get to the truth.

Here’s Post columnist Michael Gerson’s fair summary of the I.R.S. affair to date:

“To review: After President Obama blamed “two Dilberts in Cincinnati,” an inspector general’s report found that high-level IRS officials in Washington were involved in directing additional scrutiny toward tea party groups seeking tax exemptions. [I.R.S. official Lois]Lerner admitted as much, before taking the Fifth Amendment to avoid testifying before the House oversight committee. The House of Representatives held her in contempt. And now the evidence of possible communications between Lerner and other agencies (including the White House) has gone missing under suspicious circumstances. It could be a regrettable series of rogue operations, IRS management failures and technical glitches. Or they could be taking us for fools. If there was any political motivation for this abuse of power, it is a form of corruption — the kind of thing Americans like to criticize in countries they regard as less developed. And the circumstantial evidence is strong. This wave of heightened IRS scrutiny came after Democratic senators, warning of possible abuses spawned by the Supreme Court’s Citizens United decision, demanded additional IRS scrutiny of nonprofit political groups. Because evidence of political influence is both plausible and circumstantial, a special counsel is needed to sort out the truth.”

The summary, in an accurate article titled “An arrogant and lawless I.R.S..” doesn’t include the fact that nobody has been disciplined or held accountable in any way for what occurred, including any of the imaginary scapegoats in the Cincinnati office. It doesn’t note that I.R.S. Commissioner Koskinen delayed informing Congress of the lost e-mails for months, after assuring members, under oath, that they would be provided. Yesterday, Koskinen stooped to Bill Clinton levels of deceitful parsing, arguing that when he swore to Congress that he would deliver all e-mails, he meant only all the e-mails that existed, since he couldn’t deliver those that no longer existed. Why didn’t he mention that those key Lerner e-mails had vanished? He wasn’t asked! Meanwhile, a government archivist testified yesterday that not informing Congress that the e-mails had been lost indeed violated a federal statute. Also yesterday, the I.R.S. admitted that it illegally played politics in 2012, leaking confidential tax information from an anti-gay marriage group to the pro-marriage Human Rights Campaign. Continue reading →

The News Media Giveth, The News Media Taketh Away…Now If Only We Could Trust Its Motives

Today, Johnny's old quiz show would have to be re-titled, "Who CAN You Trust?"

Today, Johnny’s old quiz show would have to be re-titled, “Who CAN You Trust?”

When the remains of hundreds of children were found in what appeared to be a mass grave under an Irish orphanage, another Catholic Church scandal seemed to be rising. Last week, the Associated Press, which broke the story, released this amazing “correction”:

DUBLIN (AP) — In stories published June 3 and June 8 about young children buried in unmarked graves after dying at a former Irish orphanage for the children of unwed mothers, The Associated Press incorrectly reported that the children had not received Roman Catholic baptisms; documents show that many children at the orphanage were baptized. The AP also incorrectly reported that Catholic teaching at the time was to deny baptism and Christian burial to the children of unwed mothers; although that may have occurred in practice at times it was not church teaching. In addition, in the June 3 story, the AP quoted a researcher who said she believed that most of the remains of children who died there were interred in a disused septic tank; the researcher has since clarified that without excavation and forensic analysis it is impossible to know how many sets of remains the tank contains, if any. The June 3 story also contained an incorrect reference to the year that the orphanage opened; it was 1925, not 1926.

Or, to summarize, “Never mind. We rushed this story onto the newswires because of  preexisting biases of our reporters and editors, and breached the basic fact checking standards of our “profession” because, come on, only saps do that stuff any more. Sorry if this gave Catholic-bashers and anti-religion zealots false ammunition—we’ll work on digging up more dirt that will stand up to scrutiny. Besides, most people who saw the original story won’t see this correction, so it’s no big deal.”

How can we trust a news organization that could misrepresent a story this badly? We can’t, that’s all, and it isn’t just the Associated Press. All aspects of the news media have abandoned any pretense of objectivity, fair reporting and professionalism. Even when they do something right, one has to wonder why….for  they might not really be doing it ethically after all, no matter how it appears.

Case Study #1: Faking Hillary’s “town hall” Continue reading →

Apology Not Accepted: This Principal Needs To Be Fired

roosevelt_high_school_yearbook_0618

There are so many things ethically offensive about this story that I hardly know where to begin.

From NBC:

In a statement released Wednesday, Roosevelt High School principal Stephen Strachan said that an unedited draft of the message had been published in the yearbook, rather than the final version he intended to appear. The message borrowed heavily from one penned by a principal in Albany, California, to his school’s class of 2013. Strachan’s message even includes the sentence, “Congratulations to the Albany High School Class of 2013.”

“I sincerely apologize to the Roosevelt community and to the class of 2014 for the inadvertent clerical error causing mistakes to be printed in the 2014 yearbook,” he said. Strachan said that a new version of the yearbook with the correct message and will be given out to students on Friday. The new yearbooks will cost about $800 and will be paid for with funds from the principal’s discretionary fund, Newsday reports.

“I take full responsibility for this oversight,” Strachan said.

According to Newsday, the first and third paragraphs were nearly identical to the California principal’s, with only the second paragraph differing. Strachan told Newsday that he received permission to quote one of his colleagues.

Wait…WHAT?? Continue reading →