UNCONSTITUTIONAL: Florida Judge Rules on ObamaCare

Federal Judge Roger Vinson of Florida ruled today that the 'Patient Protection and Affordable Care Act' (aka ObamaCare) is unconstitutional due to its individual mandate, and further stated that since the legislation passed by Congress lacked a severability clause, "the entire act must be declared void."

Last month, a Virginia judge also found the individual mandate to be unconstitutional. The case will end up in the Supreme Court at some point down the road.

Oh, the irony: Gilpin at the Board of Education meeting

From Peter J. Rudy of Oklahoma Watchdog:

An already contentious State Board of Education meeting got more heated after a comment by board member, and former State Senator, Herb Rozell made a comment several women in the audience felt was sexist.

After approving the hire of Jessica Russell as legislative analyst and liaison, who is pregnant and due in April, Senator Rozell made the comment that “if she has the baby and is gone for six weeks in May, she’s useless to us.”  May is the last month of session when a lot of activity happens at the State Capitol.

Superintendent Barresi requested that the comment be stricken.  Russell reportedly left the room in tears.  Even though a short recess was called, Senator Rozell has not yet apologized to Russell for the comment.

Rudy posted audio of the exchange here.

Ironically, Board of Education member Tim Gilpin (who is heard in the recording) has the following posted on his law firm's website:

Apparently, part of Gilpin's law practice deals with job discrimination/harassment related to... pregnancy.  Whoops.

Mike McCarville points out that Gilpin donated to Susan Paddack, Barresi's opponent in the election last year, and was a leading spokesman for the failed SQ744 campaign.

Gilpin rolls off the Board of Education in April.

OCPA: Reform State Board of Education

OCPA: Legislature Should Reform the State Board of Education

The actions taken by the State Board of Education today—not allowing the newly elected superintendent to hire her own staff—are a perfect illustration of dysfunction in state government. It’s time for the state Legislature to reform the state Board of Education.

Though the state constitution does require the establishment of a State Board of Education, it explicitly states that, in addition to its composition, the board’s “powers and duties shall be prescribed by law.” The Legislature, therefore, can restrict or even take away the board’s managerial powers; at a minimum, the Legislature must ensure the superintendent possesses sufficient power to hire staff and manage the department as she sees fit. The Legislature can also reform the board by altering the length of its members’ terms and how they are appointed.

The members of the board, except for the superintendent, are currently appointed by the governor and hold six-year terms. The Legislature could easily revise the law to require that the term of each incumbent member ends with the election of a new governor and that each new member is appointed by the new governor or, maybe better yet, by the superintendent. The larger point is that control of our public education system is the hands of the Legislature and governor—they should be held responsible for remedying the board's unconscionable acts.

Today’s actions are a perfect example of why our government is dysfunctional. We tie down our executive officials with a dizzying array of boards and commissions that act like leeches on our public circulatory system. Why? Because we are unwilling to trust either the individuals the people have chosen to do their jobs well, or to trust the people to throw these officials out if they have performed poorly.

The architects of our national government long ago explained that the prerequisites for good government are energy, stability, and accountability. There is no doubt having our educational system run by Gov. Brad Henry’s people long after his departure makes for a more stable government. But a government that both lacks the power to reform itself and ignores the clear command of the people to change is no good at all.

To learn more about the Oklahoma Council of Public Affairs (OCPA), visit their website.

[MP note: for more information on the brouhaha at the Board of Education, visit Oklahoma Watchdog and the McCarville Report.]

Muskogee Politico Roundup

Absurd: Some in the media and blogosphere have attacked Gov. Mary Fallin for allegedly plagiarizing a KOSU story about Pearl Harbor survivor Ed Vezey in her inaugural address. First of all, if that was plagiarizing (which it wasn't), that was an awfully poor job. Second, Ed Vezey has told his story to countless people, and I'd assume that it's pretty much the same every time. Same people, same places, same history, same storyteller. Third, I shot video this past summer at the unveiling of the mast from the U.S.S. Oklahoma here at Muskogee's War Memorial Park, where both Vezey and then-Congresswoman Fallin spoke. They both mentioned a ceremony at Pearl Harbor where they both attended, spoke, and talked with other U.S.S. Oklahoma veterans. Fallin most likely heard Vezey's story there in Hawaii, as I'm sure she did again at Muskogee. Most of the same people are also attacking Fallin for flubbing up her swearing-in oath. Again, ridiculous.

Porker: The taxpayer watchdog group Citizens Against Government Waste has nominated Oklahoma Senator Jim Inhofe (R-Tulsa) as a finalist for their 2010 Porker of the Year contest, for his very public and adamant defense of earmarking. Congratulations, Senator, on joining a prestigious club. Good luck in the voting...

Unbelievable: Far-left Congressman Dennis Kucinich (D-OH) is suing the U.S. House cafeteria for biting into an olive pit in his sandwich - in 2008. The twice-failed presidential candidate is suing for $150,00, and believes he "is entitled to damages for future dental and medical expenses and to compensate him for pain, suffering, and loss of enjoyment." I'm at a loss for words......

Confession: I did not watch the President's State of the Union address, nor did I see anything but snippets of Paul Ryan or Michele Bachmann's response. And frankly, I don't really see what the uproar over the "mixed" seating was about. Everyone knows that the party in power applauds every other line of a State of the Union speech, and members of the party not in the White House sit on their hands. Sitting next to Chuck Schumer for one hour-long speech does not make you a Schumer clone, or affect how you vote the next day.

AG Pruitt Files Federal Lawsuit against Health Care Act

 

Oklahoma Attorney General E. Scott Pruitt Files Federal Lawsuit against Health Care Act

Lawsuit includes strengthened arguments focused on defeating
individual mandate and striking the entire health care act based on non-severability

OKLAHOMA CITY – Oklahoma Attorney General E. Scott Pruitt today filed a lawsuit on behalf of the state of Oklahoma, making it the 28th state to challenge the constitutionality of the individual mandate provision of the federal health care act.

The Attorney General explained the lawsuit will enhance the collective efforts of the majority of states suing the federal government because it contains strengthened arguments against the independent mandate in response to shifting legal strategy by the federal government. It further includes allegations that focus on the non-severability of the health care act, which would find the entire act to be invalid if any part is held to be unconstitutional.

“We have an advantage of learning from the arguments the federal government put forth in the legal proceedings with Virginia and Florida, which allows Oklahoma to enhance the strategy used by those respective states.  We did this to address the federal government’s citing of the Necessary and Proper Clause to justify the individual mandate, even though any use of the clause must be consistent with both ‘the letter and spirit’ of the Constitution, which this act is not,” Pruitt said. “We also have included robust allegations that seek to have the entire act stricken by addressing the non-severability of the law.”

Additionally, the lawsuit will defend Oklahoma’s recent passage of the Oklahoma Health Care Freedom Amendment, which amended the state Constitution to say that Oklahomans cannot be required to purchase individual health care coverage. 

 “Again, there is great clarity for me on the necessary and urgent need to exercise my responsibility to defend Oklahoma’s Constitution against a federal law that requires our state’s citizens to purchase a product or face penalties from the federal government,” Pruitt said. “In November, Oklahoma voters made clear their belief that the federal government, in this instance, has overreached its power and authority.”

The complaint, which was filed in the U.S. District Court for the Eastern District of Oklahoma, raises the issue of whether the U.S. Congress is empowered under the Commerce Clause to require citizens to purchase health insurance coverage or be penalized for not doing so.

The challenged provision, Section 1501 of the Act, is commonly known as the Individual Mandate. This provision requires that every U.S. citizen, other than those falling within specified exceptions, maintain a minimum level of health insurance coverage beginning in 2014. Failure to comply will result in a penalty included in the taxpayer’s annual tax return.

This mandate will require non-exempt Oklahomans to either purchase health insurance for themselves and their dependents or pay a civil penalty designed to force them into such a purchase.

“By voting to pass State Question 756 by an overwhelming margin, the people of Oklahoma made it clear that a federally enforced mandate to purchase health insurance is both undesirable and unconstitutional,” Gov. Mary Fallin said. “Furthermore, President Obama’s health care plan would cost the state hundreds of millions of dollars in the middle of a severe budget crisis. I am proud that Oklahoma can now be counted among the states standing up for constitutional rights and opposing a law that is harmful to both our economy and to the health of our citizens.”

Pruitt added that Oklahoma’s recently approved Oklahoma Health Care Freedom Amendment and the federal health care act cannot coexist, and that federal preemption does not apply when a federal law is deemed unconstitutional.

As such, he commented on his obligation to defend the Oklahoma law, “The most logical way to defend our state Constitution is in an Oklahoma federal court, not in another state,” Pruitt said.

Additionally, by filing in Oklahoma, the state adds another circuit of the federal court system considering arguments on the constitutionality of the act.  This enhances the reasons for the U.S. Supreme Court to expedite a hearing on the issue.

 “I deeply respect the efforts of General Pam Bondi, and the other Attorneys General involved in the Florida litigation as well as the efforts of General Ken Cuccinelli in Virginia,” Pruitt said. “I am confident with our collective efforts we will prevail.”

The Oklahoma lawsuit will be handled by internal staff in the Attorney General’s office, and no outside counsel will be retained. 

To read the complaint, go online to www.oag.ok.gov.

Brecheen: Nix Art Spending Mandate

With Oklahoma’s projected 650 million dollar budget shortfall, priorities matter now more than ever and for this reason I have filed SB14 to repeal SB1347.

Enacted in 2004, Senate Bill 1347 (“State of Oklahoma: Art in Public Places Act”), required that 1.5 percent of the cost of construction or renovation of state-owned projects (highway construction or public buildings) be set aside for artwork. It has applied to projects costing at least $250,000 with the maximum assessment not exceeding $500,000. By statute, the artwork has been spent in, on, or near facilities or highways.  More than $5 million dollars will soon be spent in current project compliance and millions more in expenditures have already occurred/are on the horizon.  Most of these dollars are going for projects in or near Tulsa and Oklahoma City.

Oklahoma is cutting funding to agencies and programs because of the shrinking budget yet we are spending millions of dollars on public art. Some are asking for an explanation.  Last summer, a Marshall county community leader took the time to visit with me about this area of state expense. After researching it further, I promised to work on a repeal of the Oklahoma Arts in Public Places Act. I spoke about it for many months and in filing SB14, I am following suit on that commitment.

Those supporting the passage of SB1347 (six years ago) argued public art would enhance the quality of life for Oklahomans and make the state more attractive to out-of-state companies.  I absolutely agree. In a time of surplus and with a secured transportation system this might be worthwhile expenditure for bridge art (as found in Dallas, Texas) or artwork for the state capitol itself.  However, given our economic situation this is not the time for such expenditures in, on or near random state buildings in Oklahoma City or Tulsa.  Local/private finances should be looked for if these projects are deemed local priorities.  Oklahoma has the highest number of deficient roads and bridges of any state in America and securing structural integrity must take priority over public art. 

Even though this is a small part of the budget, every link in the chain of armor is vital in protecting our state from fiscal harm and our citizens from physical harm (accident resulting from a collapsing bridge or insufficient highway shouldering). Whether supporting federal earmarks or expenditures such as public art, opposing opinion is always the same: “It’s such a small part of the budget, so it’s not a big deal.” This attitude allows that any expenditure under a certain amount is acceptable for politicians to engage in as “nobody will really miss it”.  I oppose this D.C like attitude which has led to a 14 trillion dollar national indebtedness with each American’s share now at over $450,000 per man, woman, and newborn child.  I’m convinced that all spending that is not absolutely vital, whether it’s small, medium or large should be curtailed until the checkbook is balanced.

As of January 16th, The Tulsa World has published an editorial (“Public Art, Controversial from the Parthenon to the present, by Wayne Greene”), in opposition to the filing of SB14, and for good reason. Those living in Tulsa have every reason to want the state taxpayer investing in their city. They use the example of President Lincoln’s pushed completion of the U. S. Capitol during the Civil War as an example when public art was opposed by public officials, but was nonetheless a good investment. This is a poor comparison.  I would not be opposed to completing our national or state capitol if so needed. What I am opposed to is the reality of Oklahoma tax dollars currently being spent on a twisted steel structure that towers into the sky at the cost of hundreds of thousands of dollars. This steel structure is hardly a Parthenon.

Many supporting public art will cite the beautification projects found in Texas.  In comparing Oklahoma to Texas, however, one learns that Texas doesn’t have a public arts program.  The Texas Department of Transportation, does have the OPTION to spend money on highway art/carvings, but no more than one percent. The respected art on the High Five in Dallas cost $1.3 million, or one half of one percent of the total project budget.  Texas can afford to do this because they have taken care of structural integrity first and foremost. According to the annual CNBC America’s Top States for Business, Texas once again ranks first out of 50 states in terms of their overall transportation system.  Their fully functional/manicured transportation system provides tremendous incentives for attracting manufacturers. The 2010 CNBC ranking places Oklahoma’s transportation system among the ten most deficient systems in America.

Last year more than 75% of all new jobs in America originated in Texas but art is not responsible for this amazing statistic. We must not perceive it is the tail wagging the dog and confuse what really provokes state growth.  As long as out of state motorists entering Oklahoma experience significant differences in road conditions once crossing the state line, we must prioritize asphalt above art.  Our ability to attract industry depends on it.

Public art in/near cities and public art on highways/bridges are two completely separate categories but both are receiving funding under current Oklahoma statute.  I will concede that public art can further encourage economic development by giving visitors a more positive first impression of a town or city. Public art can enhance the character, splendor and the beauty of a community. And yes, it has the potential to rejuvenate rundown areas.  However, to ask state taxpayers at large to pay for Tulsa/Oklahoma City’s urban redesign, I believe, is overreaching. Successful partnerships between municipalities and the private individuals who live in those cities (those who will benefit directly) should be the funding source for artwork not fixed to highways. The state taxpayer at large should not pay for city attractions.

Public art in/near towns and cities can and should continue without the state leading this charge.  Edmond has experience and expertise with this by tapping private dollars matched by city funding. The Norman Public Arts Board was the beneficiary of 320 private donations which made possible their recent unveiling of a three story structure known as “Indian Grass”.  The rejuvenation of Oklahoma City through Metropolitan Area Projects (MAPS) or Project 180 is the direct result of local leadership.  Those inspired and taking pride in those changes have local leaders to thank, not the state legislature.

Once our state experiences economic recovery, excess state finances and we have safe highway conditions, I will support bridge artwork.  It can draw attention to our state in a positive way. But we just can't afford it right now and public safety is more important than beautification.

Josh Brecheen, R-Coalgate, is the state senator for Senate District 6, which covers Bryan, Johnston, and Marshall counties, and portions of Atoka and Coal counties.

Post-Tucson gun-related political correctness? Blogger says "no"

In the wake of the shooting in Tucson, the left and the media has tried to push politically correct speech even more forcefully; in this case, anything remotely related to firearms. Recently, a CNN anchor even went so far as to apologize for using the term "crosshairs".

Blogger Charles Phipps of OKPolitechs has a post that makes a point while using as much politically-incorrect gun-related speech as possible.

Pima County Sheriff Clarence Dupnik has been all over the news lately blaming everyone from Sarah Palin to Rush Limbaugh for the tragic shooting in his county.  It's time for Republicans to set their sights on replacing him.

Read the rest of his post here.

Legislative Leaders Form Joint Immigration Reform Committee

 

Legislative Leaders Form Joint Immigration Reform Committee 

OKLAHOMA CITY – State House and Senate leaders today announced the formation of a special joint committee to develop immigration reform proposals.

The group will include four members each from the House and Senate, as well as Attorney General Scott Pruitt.

“There must be consequences for those who intentionally break the law, particularly for those who endanger public safety or divert taxpayer resources,” said House Speaker Kris Steele, R-Shawnee. “The committee members will carefully consider proposals and develop a comprehensive reform package that truly meets the needs of Oklahoma.”

“We must remain committed to the will of our constituents who rightly believe that we are not finished with immigration reform,” stated President Pro Tempore Brian Bingman, R-Sapulpa.  “It is important that we do what we said we would do and find solutions to Oklahoma’s problems.”

“I believe that we must respond to Washington’s failure to secure the border,” Pruitt said. “As the state’s attorney and top law enforcement office, we witness firsthand the consequences of Washington’s failure to do their job.  I look forward to contributing to the committee’s efforts toward finding sound solutions.”

The group’s members include the following:

• Rep. George Faught, R-Muskogee, co-chair
• Sen. Ron Justice, R-Chickasha, co-chair
• Sen. Roger Ballenger, D-Okmulgee
• Sen. Dan Newberry, R-Sand Springs
• Rep. Charles Ortega, R-Altus
• Rep. Pam Peterson, R-Tulsa
• Rep. Ben Sherrer, D-Pryor
• Sen. Ralph Shortey, R-Oklahoma City
• Attorney General Scott Pruitt

Among other things, the committee will develop a reform package that addresses public safety issues and targets crimes associated with illegal immigration.

As part of the effort, the group will also consider proposals to better protect taxpayer money from subsidizing illegal immigration.

Throughout the process, the special committee will seek input from private citizens and organizations.

AUL Ranks Oklahoma Most Pro-Life State

Americans United for Life, a national pro-life organization, released their ranking of states today. Oklahoma came in at the number one spot.

AUL's List List shows cutting edge legislation restricts abortions and protects life at the state level
Launches national petition to urge the same at the federal level

WASHINGTON, D.C. (01-20-11) – For the sixth year in row, Americans United for Life released the “Life List” – a ranking of all 50 states based on the way each deals with a comprehensive list of life issues – from euthanasia to abortion. AUL CEO and President Dr. Charmaine Yoest said that the model legislation AUL specializes in, and the state-based approach to protecting life in the law, is “changing the momentum towards life at the state level. We are seeing a cultural shift toward protecting life and rolling back the tide of unrestricted abortions that Roe v. Wade produced.”

“The results reveal that legislative action at the state level is turning the tide toward life with strategic refinement of the law,” said Yoest. AUL has produced 38 pieces of model legislation and been influential in drafting opt-out language for states that do not wish to pay for President Obama’s health care plan that includes abortion coverage.

In the top 5 spots in 2011 are 1: Oklahoma, 2: Louisiana, 3: Pennsylvania, 4: Arkansas and 5: Texas. At the bottom of the list were New Jersey, Vermont, Hawaii, California and Washington State.

[...]

Oklahoma tops the Life List for the first time. In 2006 (the first year of AUL’s ranking), Oklahoma was ranked at #15. Over the past few years, the state has aggressively pursued and implemented a comprehensive agenda of life-affirming initiatives. Among the measures recently enacted in Oklahoma are an ultrasound requirement, limits on the provision of RU-486, coerced abortion prevention, and protections for health care freedom of conscience. Moreover, in 2009, Oklahoma became the first state to enact AUL’s innovative Pregnant Woman’s Protection Act, permitting pregnant women to use force to protect their unborn children from criminal assaults.

View more information from AUL at this link.

Call me biased, but this news is another reason why this blogger considers Oklahoma to be the best state in the nation.

Lankford Defends the Unborn on House Floor

Freshman Congressman James Lankford (R-OK) on the House floor yesterday, defending the unborn child's right to life.

Ban texting while driving? Not so fast...

Blogger and activist Kaye Beach has a great post today on a texting-while-driving ban proposed by State Rep. Danny Morgan (D-Prague).

No one will argue that texting while driving is a good idea, it’s not.

When I started EMT school the first heartbreaking wreck I was exposed to was caused by a young driver fiddling with her phone.  Naturally my immediate reaction was “there ought to be a law….”

While my views about texting or talking and driving have not changed since 2007, my views about lawmaking have. I have been educated over the last 3 years that I have spent primarily trying to put a damper on intrusive legislation.

Read the rest of her post here.

ObamaCare Repeal Debate Starts

Debate on H.R. 2, which would repeal the Obama/Pelosi healthcare reform bill, started this afternoon. The House will be voting on the repeal resolution tomorrow.

You can view the ongoing debate here on C-SPAN.