Archive | January 2011

ObamaCare Struck Down!

Judge Roger Vinson in Florida has struck down the individual mandate, and because there is no severability clause (for once, the slapdash way the law was written is a good thing), the entire act is now kaput.

According to at least two lawyers (and quite probably more), the ruling means that the government must now cease all enforcement of the act.

David Kopel:

5. No injunction. Declaratory relief is sufficient, especially since there is a presumption that the federal government will comply with judicial decisions.

6. The entire act is declared void. According to Cato’s Ilya Shapiro, this means that the federal government (presuming that it will obey the law) must immediately stop enforcing the entire health control law. Of course the 11th Circuit might grant a stay, and Judge Vinson might also do so, but as of right now, there is no stay.

Jennifer Rubin:

I read the section on “Injunction” and could scarely believe my eyes. Was the judge ordering the government not to enforce ObamaCare in all 26 states? Oh, yes, indeed.

Robert Alt of the Heritage Institute e-mailed me, “The judge noted that declaratory relief is the functional equivalent of an injunction, and applied the long-standing presumption ‘that officials of the Executive Branch will adhere to the law as declared by the court.’ So in the case, the judge asserted that the declaratory relief should bind the parties. If the Obama administration wishes to impose the requirements of Obamacare upon the states, it will need to seek a stay of the opinion either from the judge, or from the 11th Circuit.”

Some lefties are trying to argue the opposite side, but check the credentials closely… many of them aren’t lawyers but like to pretend to be.

This is indeed a victory for common sense and the American spirit of individuality.

H/T Tatler

Update: It gets better! Judge Vinson even used Obama’s own words against him in the judgment!

In ruling against President Obama‘s health care law, federal JudgeRoger Vinson used Mr. Obama‘s own position from the 2008 campaign against him, arguing that there are other ways to tackle health care short of requiring every American to purchase insurance.

“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.

I bet Mr. O would love to drop those words down the memory hole.


Man Attempts To Blow Up Mosque; Attempted Linkage To Right Fails Again

Nice Deb and The Blog Prof have the scoop.

Turns out the 60-something white Army veteran who wanted to blow up the mosque was also not quite sane, and had a beef with President Bush:

According to federal records, Stockham pleaded not guilty by reason of insanity to federal charges stemming from the case in Vermont in 2004. That included threatening the president, mailing threatening communications, threatening by use of the telephone to use explosives, and threatening witnesses.

A psychiatric examination found that Stockham suffered from bipolar disorder, post-traumatic stress disorder and personality disorder with anti-social features.

In the Vermont incident, he told authorities at the time of his arrest at a Veterans Affairs Department complex in Colchester that his minivan was full of explosives. A search found no explosives.

Before the arrest, Stockham called a local paper twice to say he was going to explode bombs in the neighborhood. In one call, he identified himself as “Hem Ahadin,” saying he was “a local Muslim terrorist on a roll.”

He ranted against the VA, the FBI and Bush, largely because of the things the president had said about Iraq in a speech earlier in the week.

Sorry, lefties… pinning this one on the right won’t work any better than it did in the Tucson shooting.

Moral Of The Week: News Cannot Be Contained

That’s what authorities in Egypt are finding out, as they shut down ISPs and mobile network providers.

Egyptians with dial-up modems get no Internet connection when they call into their local ISP, but calling an international number to reach a modem in another country gives them a connection to the outside world.

We Rebuild is looking to expand those dial-up options. It has set up a dial-up phone number in Sweden and is compiling a list of other numbers Egyptians can call. It is distributing information about its activities on a Wiki page.


The international dial-up numbers only work for people with access to a telephone modem and an international calling service, however. So although mobile networks have been suspended in some areas, people have posted instructions about how others can use their mobile phones as dial-up modems.

Egyptians also seem worried about Mubarak’s government snooping on their web use:

The few Egyptians able to access the Internet through Noor, the one functioning ISP, are taking steps to ensure their online activities are not being logged. Shortly before Internet access was cut off, the Tor Project said it saw a big spike in Egyptian visitors looking to download its Web browsing software, which is designed to let people surf the Web anonymously.

“We thought we were under denial-of-service attack,” said Andrew Lewman, the project’s executive director. The site was getting up to 3,000 requests per second, the vast majority of them from Egypt, he said. “Since then we’ve seen a quadrupling of Tor clients connecting from Noor over the past 24 hours,” he said.

No computer at all? No problem!

Even with no Internet, people have found ways to get messages out on Twitter. On Friday someone had set up a Twitter account where they posted messages that they had received via telephone calls from Egypt. A typicalmessage reads: “Live Phonecall: streets mostly quiet in Dokki, no police in sight. Lots of police trucks seen at Sheraton.”

Others are using fax machines to get information into Egypt about possible ways to communicate. They are distributing fax machine numbers for universities and embassies and asking people to send faxes to those numbers with instructions about how to use a mobile phone as a dial-up modem.

Moral of the story? You can’t keep bad news bottled up. Inventive people will find a way, especially with all the choices available these days.

Newsweek Wraps The Tucson Shooter In An American Flag

I kid you not:

American Power has lots of details. The Other McCain points out that the Newsweek cover story doesn’t even mention the film that inspired the shooter, Zeitgeist, in a 2,000 word article.

H/T to the new PJ Tatler.

Update and bump: The Other McCain has honored this post with the Full Metal Jacket Reach-Around. Thanks, Robert!

Ongoing Troubles In Egypt

Lots of things have been going on over there while I was at work, so rather than try to write all the updates out myself (yes, I have a lazy streak sometimes), I’ll just point you to this Pajamas Media post that is being continuously updated.

Prayers are going up for all those that are in the line of fire.

Taco Bell: Thank You For Suing Us

Now for something a little lighter.

The fast-food chain is placing full-page print ads in the Wall Street Journal, USA Today, New York Times and other papers as well as online ads to “set the record straight”. The print ads say, in huge letters, “Thank you for suing us. Here’s the truth about our seasoned beef.” They go on to outline the meat’s ingredients.

The class-action lawsuit was filed late last week in federal court in California. It claimed Taco Bell falsely advertised its products as “beef.” The suit alleges that the fast-food chain actually uses a meat mixture in its burritos and tacos that contains binders and extenders and does not meet requirements set by the U.S. Department of Agriculture to be labeled “beef.”

Taco Bell quickly denied the accusation. “The lawsuit is bogus and filled with completely inaccurate facts,” Taco Bell President Greg Creed said in an interview with The Associated Press.

There appear to be significant problems with the case that even non-lawyer me can spot right away, such as this (emphasis added):

The lawsuit, filed by the Alabama law firm Beasley, Allen, Crow, Methvin, Portis & Miles, doesn’t specify what percentage of the mixture is meat. But the firm’s attorney Dee Miles said the firm had the product tested and found it contained less than 35 percent beef. The firm would not say who tested the meat or give any other specifics of the analysis.

That right there is a red flag to me. Why not reveal the testing lab? Maybe they got it tested at Al’s All-Night Meat Lab?

However, lawyers might want to keep everything they can as close to the vest as possible… a bigger problem is that the standard they’re using isn’t the right one (again, emphasis added):

The case, [attorney Marc] Williams said, is thin in potential legal liability. Lawyers would have to prove that most consumers expect and believe they are getting something other than what Taco Bell actually serves. Most fast-food customers, he said, realize taco meat has other ingredients besides beef. And the lawsuit cites U.S. Department of Agriculture guidelines for labeling ground beef, which don’t apply to restaurants.

So, they’re suing restaurants based on laws that don’t apply to restaurants.

So why bring the suit?

The lawsuit doesn’t specify monetary damages but asks the court to order Taco Bell to stop marketing it under its current terms.

“That leads me to believe it’s more about generating publicity and legal fees for a lawyer than correcting a societal wrong,” Williams said.

There ya have it.

Student NIMBYism: Middle School Students Protesting Solar Installation At Their School


Students at Dwyer Middle School are making it clear they want a say in the $8 million project to put solar panels on the front lawn of their school.

More than 100 students hit the pavement Wednesday morning outside the historic middle school to protest the installation of the Chevron Energy Solutions solar array project slated for five Huntington Beach City District schools.

Their beef? They don’t like where the solar panels will be placed:

Student Jasmine Mayr, 13, said the grassy area in front of the school is where the Dwyer kids run the mile for P.E. class and play during lunch time. It’s also where graduation is held for the eighth graders.

“We don’t think we need the solar panels,” Jasmine said. “We think we could use the money for something else, like a gym. We don’t have a gym so we can never have any home games here.”

Now, just to make it clear, it’s not Chevron that is insisting on putting the solar panels on the lawn… it’s the school district.

School board members in January approved the location of two carport-like solar structures. Dwyer is one of five schools in the district to get the panels: Hawes, Sowers, Smith and Seacliff are also taking part in the green project. District officials reported there will be a minimum of $1.9 million in savings over the next 25 years.

Alternate positions were considered, such as the usual rooftop placement, but shot down, again, by the district, not by Chevron.

“I think if they’re going to put the panels up… they should put them on the roof of the school,” said student Mary Sayegh, 13.

A rooftop location was considered by the district, but was not financially possible, officials said.

Parents pushed for a different location on school grounds but the district report says moving the panels could cost up to $250,000, which would have to come out of the school’s budget in the midst of tough financial times.

But who are the kids protesting?

That’s right… they’re complaining that Chevron, that evil oil company, is helping their school district save millions of dollars in energy costs!

NIMBYism at its finest. Sure, put up solar, just not where it will inconvenience me!

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