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To: longnshort who wrote (661428)7/9/2012 11:07:49 PM
From: THE WATSONYOUTH1 Recommendation  Respond to of 1588839
 
Kerpen: IRS Health Care Power Grab Tramples States
By Phil Kerpen July 9, 2012 12:35 pm

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A couple of weeks before President Obama's big immigration dictate, his IRS issued a more quiet but no less outrageous edict that attempts to up-end the ability of states to opt out of his health care law's new entitlement.

When the law was written, its supporters assumed states would be eager to participate and get access to enormous subsidies from federal taxpayers. Instead, more than half the states challenged the constitutionality of the law in court, and at least that many are likely to refuse to set up the so-called exchanges through which the new entitlement subsidies flow.

So the Obama administration is trying to bribe states to participate by manipulating language in the law that is meant to authorize start-up grants to instead fund years of operating expenses. A recent announcement from the Department of Health and Human Services (HHS) offered states six full years of funding.

Even that bribe isn't convincing many states that are flatly refusing to implement exchanges — which are subject to onerous regulatory control by HHS.

The statute does, under section 1321, authorize HHS to create federal exchanges in states that choose not to participate. But the law specifically denies taxpayers in those states "premium assistance credits," the subsidies at the heart of the new health care entitlement. This was supposed to be a way to coerce states into playing along — the Democrats who wrote the bill just couldn't imagine a state leaving billions in federal subsidies on the table. The author of the provisions, Senator Max Baucus, has reportedly stated that this was an intended feature of the law.

Now the IRS, likely at the direction of an Obama White House increasingly concerned that the whole law will crumble due to the number of states opting out, is scrambling to bureaucratically rewrite the law and allow subsidies to flow through federal exchanges.

The IRS, in a May 23 dictate, had the nerve to say: "The statutory language of section 36B and other provisions of the Affordable Care Act support the interpretation that credits are available to taxpayers who obtain coverage through a State Exchange, regional Exchange, subsidiary Exchange, and the Federally-facilitated Exchange."

Yet there is no mention of a "federally-facilitated Exchange" anywhere in 36B or in any section referenced in 36B. In fact, the definition of the new credit under 36B specifically requires enrollment "through an Exchange established by the State under 1311 of the Patient Protection and Affordable Care Act." Identical language appears in the definition of a "coverage month" later in 36B.

Not only does 36B clearly state that eligibility for the subsidy requires enrollment in an exchange "established by the State," but it also specifically cites 1311, the section of the bill dealing with state exchanges. Federally-run exchanges are authorized by a different section that is never mentioned anywhere in 36B. There is zero basis in the law for the IRS's claim that section 36B authorizes credits in a federal exchange.

Moreover, because employers can be taxed $3000 per subsidy-eligible employee, the IRS is literally attempting taxation without representation. The new IRS Tax will whack companies in states that already opted out and therefore shouldn't lawfully be taxed.

It's an affront not just to principles of federalism but to the very first thing our founders put in the Constitution after the famous "We the People" preamble. Article I, Section 1 states: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

It doesn't say the power to write and rewrite laws is vested in HHS and IRS, or that unelected bureaucrats can impose taxes on states that legitimately opted out of a federal program.

Fortunately, the Senate is expected to vote on overturning this outrageous IRS dictate and protecting the right of states to opt out of President Obama's new health care subsidies and employer taxes. The vote, under the Congressional Review Act, will be protected from filibuster and will therefore require just 51 votes to overturn the IRS dictate.

This Senate vote will tell us whether each U.S. senator supports the rule of law and our federalist system or believes IRS bureaucrats should be allowed to govern by dictate, even to impose their own taxes. Citizens whose senators are up for election this year should watch closely and consider whether senators who would outsource such power to the IRS deserve to stay in the Senate.

---

Mr. Kerpen is the president of American Commitment and the author of "Democracy Denied." Kerpen can be reached at phil@americancommitment.org.



To: longnshort who wrote (661428)7/9/2012 11:25:52 PM
From: joseffy  Respond to of 1588839
 
Wendy Fisher's teenage daughter saw her mother gunned down

Monday, July 09, 2012 By Brendan Kirby, Press-Register
blog.al.com

MOBILE, Alabama -- The fatal gun shot that cut down a single mother of two Saturday night occurred in front of her teenage daughter, family members said today.

The daughter, who asked that her name not be used, said she was standing in her front yard when her mother, Wendy Fisher, ran across the street to retrieve their dog.

Fisher yelled at a passing car to slow down because it nearly hit the pet, the daughter said. At that point a black man with short hair got out of the car, she said.

The daughter said she is not sure if he or one of the two or three other men inside the vehicle fired 3 shots. The man who exited the car was wearing blue jeans and a light T-shirt, she said.

“They looked like regular people,” she said.

Homicide investigators continue to follow leads as they search for the gunman, a police spokesman said this morning.

The teenage daughter said Fisher had been raising her and her brother alone since their father died from a drug-related incident 6 or 7 years ago.

A neighbor, who asked not to be identified because she fears for her safety, said she feels especially badly for Fisher’s children, who likely will go to live with their grandfather.

“They missed out on their daddy. Now as teenagers, they have no mother,” she said.

Fisher wanted career in graphic design

The daughter said the family only had moved to Racine Avenue a few months ago. She said Fisher had worked at Haberdasher bar on Dauphin Street but recently lost her job when business got slow. Fisher was taking graphic design classes with dreams of changing careers, the daughter said.

“She loved to draw a lot. She liked to paint and draw,” she said.

The daughter said her mother grew up in Pensacola and loved the beach. She described her as “a very fun, active” person.

“She always liked to make things silly,” she said. “She never liked to be serious.”

The daughter said her mother had been dating a man in the Coast Guard.

The neighbor said Fisher was a hard worker who kept to herself.

“She got along good with everybody. They stayed to themselves. The kids stayed home. They didn’t run around,” she said. “She was one of the best neighbors I ever had.”

Racine Avenue and the nearby streets off of Moffett Road west of University Boulevard, is filled with modest, middle class houses. Many of them feature signs advertising protection by ADT or DRC Security Services.

The neighbor said there has not been a large amount of crime, although she added that there was an unsolved robbery down the street about 6 months to a year ago. And just on Tuesday, a vehicle struck and killed a 56-year-old man who was walking on Overlook Road on the other end of Racine Avenue. Police have described that as an accident.

‘Bam, bam, bam’

Another neighbor, Marie Gorum, said she was home on Saturday evening when she heard 3 distinct shots.

“Three times in a row — bam, bam, bam,” she said. “It was loud.”

Her husband, James Gorum, said he was watching TV at the time and held off briefly before going to his front door. “We looked out the door and in just a few minutes there were all the police and emergency vehicles.

Marie Gorum said it is a nice, normally quiet neighborhood.

“We’ve really enjoyed it for 44 years,” she said.

Another neighbor, though, said it is not the same neighborhood her parents moved into when they bought the house in 1961.

“It’s scary,” said the woman, who asked not to be identified. “This neighborhood has just gone downhill.”

The woman said she was watching a marathon of “NCIS” on television and initially mistook the gunfire for something on the show or leftover fireworks.

“You hear a lot of gunshots on that. And people are still setting off firecrackers,” she said. “I though, “Oh, God, here we go with the firecrackers again.’ And then I realized there was a difference. I know what a gunshot sounds like.”




To: longnshort who wrote (661428)7/10/2012 6:34:07 AM
From: FJB2 Recommendations  Respond to of 1588839
 
The real doctors I know barely have time to wipe their ass. Meanwhile, Rectum spends all his time on bulletin boards trying to convince people of his imaginary profession in fourth grade English. Come on is right...