Kafka didn’t write Cliff’s Notes for law design… did he?

Shamelessly borrowed from RNS comes this gem:

Section 501 of ObamaCare makes a non-profit hospital giving charitable care a punishable offense. Short version: people might not buy insurance if they think they can get free care via charity, so Section 501 “discourages” giving free care by fining non-profit hospitals that do so. For-profits face no such penalty.

But, not to worry! via AceOfSpades comes the return volley.

Hospitals, being full of smart people, are now exploring buying insurance for their frequent delinquents, er, regular uninsured customers. Possibly even working ObamaCare exchange insurance that can’t deny care for pre-existing conditions into the regular admitting procedure for uninsured people.

[Later Edit, pulled from my own comment: Don’t forget that the EMTALA requires emergency medical care centers to treat all comers with emergency medical needs, and those in active labor.]

Sure, why not! No possibility of adverse selection there, right? No chance of side-effects or unintended consequences to either of these things, eh wot?

FacePalm.

Folks, we now have front-row seats at the Theater of the Absurd. Gonna need more popcorn.

Thwop-thwop-thwop-thwop!

Last night there was at least one helicopter going up and down the Palouse river, very low and very slow, over and over again. I could hear the tail rotor wash, which is unusual.

It was out again this morning at first light. I spoke to a neighbor on the way out the door and didn’t know what they were doing, but he did notice that our local fat cop was down by the river. While I was driving in this morning my wife left me a phone message. She’d heard on the news that they were looking for a kayaker who’d failed to return home last night. Dang.

My son and I have floated that river in a canoe, and although it’s a very small river there are lots of rocks and things that can snag you or flip you over at the worst times when the current is strong. Then again it’s very shallow most of the way this time of year, such that you could usually stand up if you were dumped out. But this is November and it’s been COLD these last few nights, getting WAY down below freezing. There are also places where brush and trees overhang the water.

I’ve found no updates since around 8:30 AM Pacific. If they haven’t found her by now, someone needs to get down on that water, up close and personal.

Hopefully she’s holed up at a friends house, or warm and snug in a tent, and it’s just that her phone isn’t working. There are plenty of cellular dead zones around here.

Update 12:51 PST; I got a call from my daughter, and checked on line to verify. They found a body. I just don’t get it. It was really cold last night. You don’t get wet in that kind of cold and last for very long unless you’re wearing one of those insulated dry suits they use for diving in ice water, and you don’t go kayking for miles on a river if you plan to stay dry. Something’s not right with what we know so far. Official weather report says it was down to 14 F in Palouse, but down on the river in still air like that it’s going to be the coldest place for miles around. Tragic, and sad. I guess we could all tell stories of how we did some daring thing or other, just for fun, where it could have turned out very bad but somehow didn’t. I was hoping this would be one of those stories, but alas…

Differing only in degree and implementation

Ry stopped by my office today and after we completed the work discussion I mentioned that I had lunch with a friend who is in the health insurance industry. I repeated part of the rant I heard at lunch. It went something like, “We spent years implementing Obamacare and we had to get information from the Whitehouse blog because they did rule-making via the blog. Then last week it was from the President’s speech. And today they came up with a letter we will be ‘required’ to send our customers?”

Ry replied, “I hope they like discounts on Samsung products.”

I thought about that for about five seconds without being able to make any sense of it. I was a little behind in the news. Venezuela is nationalizing businesses and selling things at “fair prices”. Samsung is the most recent to enter into a “joint venture” with the government.

“So you think he will take over the insurance industry with the stroke of a pen?”, I asked. Paraphrasing just a bit; Ry replied, “Just like in The Matrix where there was no spoon, here, there is no pen. He is playing 3-D chess and we are trying to play checkers against him. We are concerned about the rule of law and he has changed the legal landscape and moved on. What is happening here only differs in degree and implementation from Venezuela.”

I have no counter to his assertion.

I’m at ground zero

Every day I go to work I see the park where this admitted Socialist Seattle Council person gave her speech the other night:

Councilmember-elect Kshama Sawant told Boeing machinists her idea of a radical option, should their jobs be moved out of state

“The workers should take over the factories, and shut down Boeing’s profit-making machine,” Sawant announced to a cheering crowd of union supporters in Seattle’s Westlake Park Monday night.

This week, Sawant became Seattle’s first elected Socialist council member. She ran on a platform of anti-capitalism, workers’ rights, and a $15 per-hour minimum wage for Seattle workers.

There are people, ironically, selling communist newspapers on many of the street corners near here.

One street over, 3rd Avenue, is what Barb L. calls, “Mugme Street”. The Seattle Police department says that location is one of the crime hot spots in Seattle. All the warning alarms go off in my head as I walk on that street to get to my bus. Things “just aren’t right” there. It is rare not to see at least two cops on that street when I briskly walk through “the danger zone”.

The SPD and King County Sheriff’s Office just finished doing some street cleaning in the park and on Mugme Street:

Just in time for the holidays, Seattle Police and King County Sheriff’s Office have wrapped up more than 30 drug dealers and suspected gang members following a months-long undercover operation around Westlake.

“This operation was about helping downtown businesses and their customers as well as Metro Employees and transit riders downtown,” says Sgt Thomas Flanagan from the KCSO’s Metro Police Unit.

In September, members of SPD’s Gang Unit, Narcotics, West Precinct Bikes Anti-Crime Teams and deputies from the King County Sheriff’s Office’s patrol and Metro Units began Operation Happy Holidays after receiving numerous reports of drug dealing and gang activity near the 3rd Ave corridor. For months, police documented hand-to-hand drug deals and purchased crack cocaine, powder cocaine, pills, and marijuana in the downtown core and developed cases against 40 people. This week, police began making arrests.

Last night when I was leaving work I saw two police officers with a guy up against the wall just outside the parking garage for our building. They were going through his pockets.

This morning I looked around some. I didn’t see any of the usual shady people hanging around. Maybe it will stay clean around here for a few days.

I really wish I could earn the kind of money I’m addicted to back on the farm in Idaho. This is ground zero for criminals and, redundancy alert, Marxists.

Ammo day

Tuesday, November 19th, is National Buy Ammo Day. Be sure to do your part. If you can’t find some in a caliber you shoot, but a new gun for the ammo you do find. (I’m partial to 6.5mm, aka .264 caliber). If you can’t / don’t want to do that, load some of your own.

Just a friendly reminder.

Fourteenth Amendment to the United States Constitution

We usually think of it terms of incorporation doctrine, but;

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Just sayin’. Now I know the times and the environment in which it was passed, but read the words. As an amendment to the construction they were meant for all times and all environments. They say what they say, and nothing different, and there’s been a whooole lota rebellin’ and insurrectin’ goin’ on out der.

Prepping – know your environment

There are all kinds of “survivalists” and “preppers” in the world. Most are good folks, if a bit odd. Some are… not so acceptable. I came across this article about a group that explicitly says in a major disaster, which they expect, their plan is to take what they need. Not stockpile their own stuff, but take it from their neighbors. I.e, they plan to become looters. They claim to have “80 dues-paying members.” But I have to admit, the last paragraph in the story really gave me a laugh – it tells me they are really not all that clued in about their working environment. Situational awareness operates at many levels, and it seems they are seriously missing the big picture in a major way.

Quote of the day—Jonah Goldberg

This has been one of the most enjoyable political moments of my lifetime. I wake up in the morning and rush to find my just-delivered newspaper with a joyful expectation of worsening news so intense, I feel like Morgan Freeman should be narrating my trek to the front lawn. Indeed, not since Dan Rather handcuffed himself to a fraudulent typewriter, hurled it into the abyss, and saw his career plummet like Ted Kennedy was behind the wheel have I enjoyed a story more.

Alas, the English language is not well equipped to capture the sensation I’m describing, which is why we must all thank the Germans for giving us the term “schadenfreude” — the joy one feels at the misfortune or failure of others. The primary wellspring of schadenfreude can be attributed to Barack Obama’s hubris — another immigrant word, which means a sinful pride or arrogance that causes someone to believe he has a godlike immunity to the rules of life.

Jonah Goldberg
November 14, 2013
Obamacare Schadenfreudarama: It feels pretty good to watch the whole thing fail.
[H/T to John Balog in the comments here.

It is great to see that proponents of big government get whacked alongside the head with the clue-by-four of reality. Most of the time they are smart enough and deceptive enough to hide the tragedy of their misdeeds by diffusing it through time and layers of obfuscation that enable them to avoid taking the blame for the damage done. This time they reached way too far. It’s obvious to all but the most dedicated Marxists that this is a failure that directly affects millions and millions of people. And this time it will be much more difficult to blame on others.

Even these left wingers are jumping ship:

Of course there are those who view the Obamacare failure as a good thing:

Obama has a Second Chance to do what he should have done when first elected in 2008 with the criminally LOOTING Banking and Wall Street-scare EMPIRE (but which he didn’t have the guts to do then) —- he would have an amazing chance to do a rare ‘re-do’, and NATIONALIZE both the crooked looting Health-scare private corporate looting industry, AND go back and NATIONALIZE the even more obvious crooked looting Financial-Scare Industry — and insure (no pun intended) that important PUBLIC GOODS, like Health Care and Banking are removed from the hands of the PRIVATE CROOKS and returned to the hands of the democratic citizens who deserve not to be further ******.

Do not be complacent. This is a crisis and we must take advantage of it because you know the Marxists will if we don’t.—Joe]

Train wreck

The Whitehouse is panic stricken over the failure of Obamacare and didn’t just trip and fall on their face this morning. They quadrupled down on their live demonstration of failure.

It was obvious to even an outsider like me that they had no clue what they were doing when they made their announcement this morning. Just what do you think the insiders that know in far more detail are going to say and do? I’m not just talking about people who work for the insurance industry. The insurance industry might be successfully demonized by Obama and friends and made to be the scape-goat for Obama’s mess. I’m talking about all the government regulators of insurance. The insurance industry is highly regulated by the states. While these regulators may not understand or approve of the free market you can be sure that after a few years of contact with the insurance industry they know a thing or two about the industry.

What are these regulators are going to say about these changes? We don’t have to do much speculation. The clues are coming in:

Washington later became the first state to announce that it would not allow insurers to extend their policies. Saying that its state-based exchange was “up and running and successfully enrolling thousands of consumers,” Mike Kreidler, the Washington state insurance commissioner, expressed “serious concerns” about Obama’s move and “its potential impact on the overall stability of our health insurance market.”

“In the interest of keeping the consumer protections we have enacted and ensuring that we keep health insurance costs down for all consumers, we are staying the course,” he said in a statement Thursday afternoon.

That is the “for the public” version. What almost for certain is being said in back channels to representatives in Congress and the Whitehouse is that changes such as these would violate state law. Obama does not have dictatorial powers, as much as he might like to, and he may be able to find some legal loophole to avoid or delay enforcing Federal law upon the beleaguered insurance companies. But he cannot demand insurance companies bypass state processes and laws to make changes he thinks will work. Furthermore these people know the Whitehouse changes are complete nonsense.

Obamacare is like a train. The millions of people who are losing their insurance are the passengers on this train. The train entered a tunnel at full speed only to find the tracks weren’t fastened down (the website being non-functional). But the train can’t stop. It’s still sliding, sparks flying as the wheels get ripped off on the rocks, into the end of the tunnel which could not be dug through the rocks made impenetrable by the laws of economics. At this point there is nothing the supporters of Obamacare can do but watch the crash and attempt to avoid prosecution.

The tragedy is that the politicians responsible for the train wreck made sure they were not on the train. But this should not be a surprise to anyone. Liberals love forcing people onto trains. Obama may say he’s not a dictator but he has a fair amount in common with some of them. The obvious match being dictators who forced other people on trains which carried them to their deaths.

What media bias?

USA Today has an article today about “Armed protesters rattle Texas moms’ gun-control meeting”. They include the complete picture supplied by the anti-gun implying they were laying in wait to attack someone:

1384196598000-Texas-moms

They severely cropped the picture showing they were posing for a picture:

1384203283000-Open-Carry-photo

Remember the original version?

Viewpoint1

To be fair, they did provide the rest of the text if you read the entire article. But why crop it out? What media bias?

Simple solutions from simple minds

President Obama said:

With millions of consumers getting cancellation notices for their current health plans, President Obama announced Thursday that he will encourage insurance companies to continue offering their customers the same health plans next year.

“This fix won’t solve every problem for every person,” Obama said, saying he would consider legislative action to go further. But he appeared to rule out the sort of legislation that House Republicans are pushing, which would allow insurance companies to continue selling new policies, indefinitely, that would not comply with the law’s new consumer standards.

“I will not accept” legislation that would “drag us back to a broken system,” Obama said.

He and his supporters have no idea what they are doing.

  1. The insurance companies will be “encouraged” to break the law? They cannot legally still offer those plans.
  2. The people who will keep their old plans are those who are at low risk of needing expensive health care. Their premiums were to pay for those at high risk. Taking them out of the pool will mean the premiums for those remaining will have to go up.
  3. The insurance companies spent the last few years working to estimate the risks, set prices based on those risks, and restructure their organizations to work with the new mandates. It will take a similar amount of time to revert back and support the system they were forced to abandon.
  4. Restructuring of the insurance companies resulting in employees going to different jobs within the company or being laid off. Those changes cannot be undone in a short period of time. A lot of that expertise has been essentially vaporized by Obamacare.

Not only did the Democrats have no constitutional authority to inflict this upon the people but they had no idea what they were doing. They believe changing the laws of economics is as simple as changing the laws of the nation. The reality is that the laws of economics are as immutable as the laws of physics. To believe that Obamacare could make health insurance cheaper and more accessible to everyone is to believe perpetual motion machines are possible.

There will probably always be simple minded people that believe in perpetual motion and we have present day proof of that in those that voted for and support Obamacare.

Update: An insurance industry insider just told me: “Your post is exactly what we were just talking about. The magnitude is staggering.”

Securing your arms

It’s funny how the anti-rights cultists always have exceptions for governments and their minions. We peons are expected to just suck it up, because we are not as professional, as well trained in their use, and as well screened for psychological problems, and all the rest. Then we see cases like this, where the FBI SWAT team loses a couple of their rifles, and M16 and a “sniper rifle,” and they are considering if they should be charged with “improper storage.” Duh, ya’ think? This being Mass people freaked of course, and they also offered $20k for a reward for less than $5k worth of guns.It looks like the guns have been recovered, but the FBI isn’t saying anything, saying it’s because it’s an ongoing investigation, not just that it’s full-on CYA.

H/T to Paul.

11th day of the 11th month

It’s Veterans day, commemorating the end of world War One, The Great War. It’s good that it ended, but because the politicians didn’t know much about psychology or economics, they ended it badly, guaranteeing  a rematch. Ouch. In any case, just a few thoughts.

I volunteered and served in the Army Reserve. Drove boats for them – at the time is was MOS 12C (bridge crewman) a subcategory of combat engineer specializing in bridging. Also spent time packing an M60 around. I was in during the first Gulf War but not deployed. I did my six years and got out. My dad and his brother were both drafted around the Korean War, served their time, got out. My mom’s brother was career Air Force, and her dad was in during the 30’s (army, horse- and mule-back unit) and WW II (coastal patrol, kind of vague on navy vs coastguard). My brother in law is retired regular AF, now in the AF reserves as an E9, senior NCO on the airbase. A great uncle was in the Spanish American war. My wife’s “adoptive” dad was a gunner in WW II on a troop transport, saw kamikaze attacks landing troops on Okinawa. [Later edit: Oh, yes, I don’t want to forget the great aunt that was a WAAC. She wound up in North Africa in WW II]

I always thought it interesting that there was never much talk about “duty” and all, no strong service rivalry. It was just sort of a “respectable thing to do if it was a good fit” sort of thing, but it still rubbed off on me that it was more of a “very good thing to do unless it was a very bad fit.” I know it’s not for everyone. But it is done for everyone, even those that hate the military – and I think that’s one of those things that galls the peace-niks on the left most. They can’t stand the idea that maybe the military where they couldn’t or wouldn’t serve MIGHT be necessary, and really MIGHT be doing it for them as well, and that level of selflessness from people they despise and look down on just totally rubs them raw. On the other side of the coin, for all the inter-service rivalry, trash-talking and  competition, at the end of the day they all respect each others signing up and going through it.

But it seems like there are increasingly two Americas, one that doesn’t expect it deserves anything, and as a result it volunteers and serves (or at least supports and understands those that do), and those that expect to be given a lot, have a sense of entitlement, and at the some time don’t serve or honestly respect those that do. Not sure what it all means, or where that’ll lead, but it doesn’t strike me as a good thing.

Those those that served, cheers! To those that understand, thanks for your support.

ACA leads toward divorce

Remember what I posted a little while ago? Looks like it’s going mainstream as a consideration. No, I’m not predicting a sudden tsunami of two-income divorces, but society changes a bit at a time, incrementally, at the margins. And at the margins, ObamaCare makes divorce look like an economically sensible thing to do, and it’s yet another drag on the economy and social stability as people try to game the system for personal benefit at the expense of “the greater good.” The incentives in the law are really insane.

Chilling effect

New York City recently had its “stop and frisk” policy struck down as violating the Fourth Amendment. The city has not implemented a “monitor” of the program as the court ordered. Now New York City senior attorney Celeste Koeleveld says Judge Scheindlin’s order has had a “chilling effect” on police officers.

And her point is? Does she have a concern about the “chilling effect” of the Fifth Amendment not allowing police officers to torture suspects for confessions? How about the “chilling effect” of the Eight Amendment on Judges because of the prohibition against cruel and unusual punishments in the Eighth Amendment?

The entire intent of the Bill of Rights was and is to have a “chilling effect” on the power of government. In U.S. law the phrase “chilling effect” refers to the stifling effect that vague or excessively broad laws may have on legitimate … activity. A “chilling effect” only exists when government passes laws that private citizens have to obey. Not when government is overstepping bounds that have been in place for hundreds of years. It appears Koeleveld either does not understand government is a servant of the people or she wishes to change the relationship.

One big happy family

This ought to make you feel all warm and fuzzy.

The same company that made the healthcare.gov website (on a no-bid contract, naturally) is the same one that created the Canadian gun registry that cost roughly twenty times the original estimate and got scrapped a decade later after being found to be both useless and seriously defective.

But they want us to just trust their good intentions, ’cause they are so smart and transparent. Yeah, riiiight.

Ever had a cell phone get strange on you?

Ever heard of “carrierIQ?” Its an “app” on most cell phones (one that is hidden) that’s sort of part of the OS. It sends stuff to the carriers. It can also execute commands that someone texts to your phone by intercepting them before you see them. It has bugs, and might get a buffer overflow and blow chunks on your phone. Or it might just execute the code, and send a keylog or your current location or contact list back, then delete the text message so you never see it.

As a friend of mine that has been doing software research for years said, it’s basically a trojan that gets loaded by your phone manufacturer, and yes it’s been hacked more than once. (Of course I’m sure a software researcher would never hack the OS of a phone, any more than they’d see if they could run UNIX on an XBox 360, and here of course I’m just making up hypotheticals that no one would ever do.)

Just thought you’d like to know. Sleep well.

Incentives

Incentives matter. People pay attention to them. The larger the incentive, the more effective it is. Look at Obamacare. You get heavy subsidies right up to exactly 400% of the poverty line. Then you get nothing, you go directly from being heavily subsidized to being the subsidy, all for that extra dollar in income. This might easily mean for a married couple that they pay an extra $10,000 a year for the same health insurance policy (more or less depending on specifics, but this number is not atypical). Then look at the fact that a lot of employers are shifting to providing employee-only health insurance, and dropping coverage for spouses and dependents.

If a working couple are each making $30k a year, they receive a significant subsidy. If one gets a promotion that comes with a 10% raise ( $3,000), then it kicks them into zero-subsidy land and the net loss of $7,000 a year. The incentive for divorce in order to make ends meet is powerful, because if they divorce, then they both qualify for a bunch of other programs, too, which would effectively boost their effective incomes considerably. Meeting bills vs not meeting bills, being able to afford vacation vs not… This ACA thing is a powerful incentive that, if it stands more than two years, will drive a HUGE boom in divorce and application for “single parents with kids needing government assistance.”

ObamaCare is the most destructive bill to American society I’ve ever witnessed pass congress.

No More!

I got this circular from some GOP Senate twerp;

“Lyle,

In 8 days, we’ll hit an important fundraising deadline. How much we raise will have a big impact on whether or not our candidates are set up to succeed, so every dollar counts. I’m so committed to helping us reach our goal that I’ll match 3 times your donation.

As the last few weeks have made crystal clear, our country desperately needs new leadership in the Senate. It’s plain to see that Harry Reid just isn’t up to the job. Under his tenure, the Senate has become a dysfunctional disaster — plagued by political games, partisan stalemate, and constant finger pointing. We can break the mold, but we’ll need your help to do it.

With 7 seats up in states Mitt Romney won, combined with the Democrats’ failure to recruit competitive candidates, the political map shows we can win in 2014. Now we’re counting on you to help us make it happen.

Harry Reid and his left-wing special-interest groups are already raising millions to protect their majority. They’re desperately doing everything they can to out raise us. We simply can’t allow that to happen.

Will you please contribute $100, $50, $25, or whatever you can afford today and help us take back the Senate?

Again, donate before the deadline and I’ll personally make sure your donation is triple matched.

Thanks,

Senator Roy Blunt”

To which I replied;

“Roy,

This plea of yours reads like a joke. In fact, the GOP has become a dysfunctional disaster — plagued by political games, ideological hypocrisy, and constant finger pointing. I’ve been saying for years that we must first defeat the GOP before we can defeat the Progressive movement and the Democrats, that the GOP has been a major obstacle standing in our way.

That fact is, right now, more blatantly obvious than ever. I will be working to convince as many people as possible that it is time to defund the GOP, and stop being fooled by the pseudo conservative pap that is being fed to us as a ruse. I’m sick and tired, and I am DONE having my own money used against the principles I hold dear by the very people who have pledged to uphold them!

After the despicable performance of the Republican senate leadership these last weeks, I am insulted by your request for money. You apparently take your voter base for gibbering fools, but to some extent I can understand your confusion being that against our better judgment we have supported you so much in the past. Well, Sir; No More!

Lyle”

I don’t know Roy Blunt from Adam, and I don’t care to know him or any other GOP hack.

If you want to throw money at the problem, don;t send it to the GOP and don;t send it to any candidate– some of that money always goes to the Party even if you gave it to a candidate. Send it to Freedom Works or some other group you know for a fact doesn’t play games. At this stage I think it’s better to send no money rather than risk one dime going to game-players, “the wizards of smart” and Progressives.

Besides; money is far from being that which defines victory. There may even be an inverse relationship. If the GOP dorks want to win, all they really have to do is stand up for the principles we elect them to stand up for. In that case they wouldn’t need any money. We’d be able to see them as people we want representing us, just by their actions. It’s free.

Don’t fall for the crap anymore. We’ve tried it too many times and seen it thrown back in our faces already. The enemy (The Bloods) of my enemy (The Crips) is NOT my friend! Same goes for the Dems and Reps. I think we have yet to learn this lesson properly.

Update, 10/23/13; My reply to Senator Twerp at the NRSC was bounced, so they want your money but they don’t want to be bothered hearing from you. It seems to me I’ve gotten replies through to them in the past. I’ll look for his own e-mail address and get this to him that way.

Why Republicans are not cowards

You must have principles before you can fail to stand up for them.