Archive for January, 2011

Health Care Overhaul Ruled Unconstitutional by 2nd Federal Judge

Judge Roger Vinson of Florida, appointed by the late President Ronald Reagen in 1983, ruled today that the Health Care Reform Act (sometimes called ObamaCare) was unconstitutional.

He is the second Federal Judge to do so, and his ruling helps in clearing the way to a decision that will almost absolutely end up at the foot of the Supreme Court. Unlike his Virginia counterpart Judge Henry Hudson, Judge Vinson ruled that the entire health care act should fall if the appellate courts join him in invalidating the insurance requirement.

“It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.”….

…”For example, virtually no one can opt out of the housing market (broadly defined) and a majority of people will at some point buy a home. The vast majority of those homes will be financed with a mortgage, a large number of which (particularly in difficult economic times, as we have seen most recently) will go into default, thereby cost-shifting billions of dollars to third parties and the federal government. Should Congress thus have power under the Commerce Clause to preemptively regulate and require individuals above a certain income level to purchase a home financed with a mortgage (and secured with mortgage guaranty insurance) in order to add stability to the housing and financial markets (and to guard against the possibility of future cost-shifting because of a defaulted mortgage), on the theory that most everyone is currently, or inevitably one day will be, active in the housing market?”

From the Ruling of The Honorable Judge Roger Vinson Case 3:10-cv-00091-RV -EMT Document 150 Filed 01/31/11

Judge Vinson held that the insurance requirement exceeds the regulatory powers granted to Congress under the Commerce Clause of the Constitution. He also wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws “necessary and proper” to carrying out its designated responsibilities.

The federal government argued that Congress has a right to regulate the insurance market because it is unique— it’s fair to assume that every single person will need health care at one point in his or her life. If they’re not insured, their costs will have to get picked up by other consumers, driving up rates for everyone and putting them in the insurance market whether they plan to or not.

“I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one-sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here,…While the individual mandate was clearly ‘necessary and essential’ to the act as drafted, it is not ‘necessary and essential’ to health care reform in general…Because the individual mandate is unconstitutional and not severable, the entire act must be declared void.”

The decision will likely face an immediate filing by the federal government for a stay, and the case is undoubtedly headed to the Supreme Court.

Snow & Employment

Yup. Here it comes.

Weather radio has been going off since Saturday.

So if I vanish for a few days? You’ll know why.





The issue here isn’t the amount. It’s the response. A lot of folks tend to think “Oh gee that little bit amount shouldn’t shut down anything.”

If southwest Missouri was Buffalo, maybe not. But we don’t have $1 million dollars to spend on every inch of snow, either.

I had this argument with one of my former employers. Who lived 4 miles from our job. “If i can get to work so can you!” said he. “You used to live in New York, you don’t have an excuse either!” Quoth his kiss ass assistant.

Let me break it down.

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Military Motivator Monday Janaury 31, 2011

Click to see larger

Twitter Updates for 2011-01-29

  • Was in school at Creeds Elementary in Virginia Beach, VA. Whole school watching the lift off. Went to the office…(cont) #challenger #
  • pick up some papers for my teacher The shuttle went down as I walked into the office. Principal killed the feed almost immd #challenger #
  • January 27, 1967. January 28, 1986. Space History made, sadly, both days. #
  • Be sure to check out our 2 part Perspectives on The Challenger & Apollo 1 disaster #
  • Egyptian Army quelling riots. Country cut off from the world. Nationwide curfew. But Mubarak "isn't a dictator" #
  • #Egypt We are effectively watching a country that is systematically self destructing for all attempts and purposes. #
  • Apparently the State Dept figures Americans in Egypt are oblivious. "C'mon Ethel, it's just like Detroit! Lets go get something to eat!" #
  • WH trying to decide what to say regarding #egypt "Oops" just doesnt cover it. #
  • "Last flight out of Cairo". Wait for the Movie. Last Delta flight will depart from Cairo January 29. #
  • So odd, watching Al-Jazeera regarding Egypt after years of having them pontificate against us. #
  • Brilliant planning. Call a press conference. Don't show for it. THEN plan for what your going to say at it. #fail #
  • Powerline losing one of its Writers #blogs #politicalblog #
  • Gibbs is correct on one point. Ultimately only Egypt and its people can fix this. That said all he's doing is tap dancing otherwise. #
  • Gibbs says we are in contact with Egyptian Gov't Would that be the one that is in the streets rioting or the one thats hiding in a bunker? #
  • Middle East meltdown? #
  • It would appear that Mubarak has left the building. #
  • From his airplane at 25k ft @cnnbrk: Egyptian President Mubarak will address nation soon, state-run media reports #
  • Agreed calm before storm I think @2blue4life: @brendanloy @BloodSpite bad feeling about this… #
  • I stick with my assertion he left. @allahpundit: WSJ says Mubarak's speech was pre-recorded #
  • Obama just chucked Mubarak under a bus. On the interstate. #
  • Prez O: Let the Egyptians eat salmon. #
  • 685k of oil a day does that MT @lolornamarie: Egypt is an incredibly important ally for the United States. We can't afford to lose Egypt. #
  • So was the wheat, and grain @cnnbrk: Tear gas canisters used against protesters in Egypt, Tunisia made in U.S. #

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Twitter Updates for 2011-01-28

  • Morning Tweets. Weekend almost here, and I for one can't wait. Coffee, Copenhagen, and Thee. Lets all at least try to have a good day, eh? #

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Eyes to the Stars: Perspectives Part 2

This is a 2 part article, written by both authors of Registered Evil. As many things in our history, different people, were in different places with different perspectives. These are ours. -BS

Challenger: 25 years later, Still a Painful Memory.

January 28, 1989…

Seems like a long time ago…I remember it vividly though.

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Eyes to the Stars: Perspectives Part 1

This is a 2 part article, written by both authors of Registered Evil. As many things in our history, different people, were in different places with different perspectives. These are ours. Part 2 is here. -BS

The Challenger lifting off from Cape Canaveral Air Force Station (Click for Hi Res)

January 28, 1986.

I was attending Elementary school in Virginia Beach, VA. My dad was stationed at NAS Oceana, and we lived in Pungo, VA at the time. Nanny Creek Rd I think. The whole address escapes me now.

My teacher, Mrs Paxton I believe her name was, had rolled a TV in our classroom to watch the shuttle lift off. 3rd grade was cool like that then. I’m a young buck, I know.

As most school systems were at the time, they were excited that a teacher had been selected to go in to space: Christa McAuliffe.

How many dreams started, and ended that day?
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Quote of the Day January 28, 2011 TGIF Edition

Here we go! We made it once again!
8 hours away until we get till we are free of the Salt Mines!

So here’s a quote, and some music to keep us motivated until that 5 o clock whistle!

The penalty for success is to be bored by the people who used to snub you.

Nancy Astor

How about Marc Cohn’s Silver Thunderbird? When I was 18 I had a Ford Thunderbird that was my pride and joy. I still miss that car.

David Saters Capitol Straight Talk January 27, 2011

Missouri State Representative David Sater has been a regular feature both here and at our sister site of Techography for a number of years.

Sadly soon that will end.

Representative Sater has reached his term limit and will be moving on to other, we hope, bigger and brighter things. A pharmacist, and native of nearby Cassville, MO he has brought a degree of honesty and integrity to the very dirty business of politics. We regret to see him go.

We will also miss his regular dispatches, and we hope to share his with you until the last.

With no further adieu, Missouri State Representative of District 68, David Sater.

Read the rest of this entry »

Twitter Updates for 2011-01-27

  • /sigh. Why does everyone want me to move for job? I've moved almost every 3 years for 33 years. I'm rather tired of it. #
  • (Need more cofffe. Title corrected) Fire totals Cell tower (with Video) – #
  • ok thats it. Eyes are slamming shut, fingers aren't typing worth a damn, and brain is shutting off. I'm outs. Peace love and Copenhagen all #
  • Chilling on the couch. Listening to Lucy Kaplansky. Trying to not pass out b4 the kiddo gets home. #

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Quote of the Day, January 27, 2011

Hopefully the typo Gremlins won’t assault me today as bad as they did yesterday

What’s the point of havin’ a rapier wit if I can’t use it to stab people?

Jeph Jacques

Fire totals Cell tower (with Video)

I’ve told you guys about sites being torn down.

I’ve told you about Green Peace Freaks trashing towers.

But a Cell tower Fire?

Actually it happens more often than you would think, and it’s typically not pretty.

Take this AT&T Monopole that was a multi-carrier unit (in other words, other carriers rented space on the tower for their own systems. A fairly common practice) that went up in flames in New Jersey.

Fair warning, there is some hard language.

For those curious, a monopole is effectively hollow, and the transmission lines run inside of it. So when a tower crew doing welding work accidentally ignited the transmission lines (which are basically 2 or 3 inch pieces of coaxial cable, and very flammable) they created a over 150 foot roman candle.

Hat Tip to Wireless Estimator

Twitter Updates for 2011-01-26

  • Sad, actually. Fight and die but don't smoke or chew. @Militarydotcom: Military Takes Tough Line Against Tobacco: #
  • 45 minutes until qutting time. Funny. Thats about when my motrin should wear off as well. #

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State of the Union Address

I didn’t watch it. As I noted at the Castle I did read it however. Right Wing News meanwhile has a nice rundown of others reactions.

That said I think my thoughts were best summed already by another writer, and very well:

“They say, ‘What’s your show about?’ I say, ‘Nothing.'”- Jerry Seinfeld

I was reminded of the Seinfeldian idea, the show about nothing, as I listened to the State of the Union. Don’t get me wrong, President Obama said a lot, and some of the things he said I enjoyed hearing, but ultimately it was a speech about nothing. — Karol Markowicz

Much Ado about nothing indeed.

Quote of the Day, January 26, 2011

Reality is the leading cause of stress amongst those in touch with it.

Jane Wagner

Quote of the Day, January 25, 2011

Yeah, I’m running late today

Cynicism is an unpleasant way of saying the truth.

Lillian Hellman

Twitter Updates for 2011-01-25

  • Really not feeling worth a damn today. Sorry for lack of Tweets. Overtired, and getting sick I fear. Hoping just over tired. #

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Quote of the Day, January 24, 2011

Some mornings it just doesn’t seem worth it to gnaw through the leather straps.

Emo Phillips

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