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Bombshell: Federal judge suddenly
green-lights lawsuit that could stop
Obamacare in its tracks

Daily Mail [UK], by David Martosko

Original Article

Posted By:Maryland_Patriot, 10/22/2013 3:48:33 PM

A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law. The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court. The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website. Thirty-six states chose not to


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Reply 1 - Posted by: grampstosix, 10/22/2013 3:58:27 PM     (No. 9577307)

This is good news. And very timely. If it makes it to the Supreme Court let´s hope Roberts doesn´t screw up again.

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Reply 2 - Posted by: pickle1, 10/22/2013 4:09:24 PM     (No. 9577329)

These comments are from Americans across the country. They have been passed along by Sen. Mike Lee. Obamacare is not just about your healthcare. It´s about every aspect of your life.


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Reply 3 - Posted by: MisterDickens, 10/22/2013 4:26:31 PM     (No. 9577359)

Never, ever count on Justice Roberts again, #1. He wrote law from his perch when he "found" a tax in ZeroCare. He should be impeached for that and is not to be trusted.

I still marvel that the America I grew up in has become the Amerika it is today. Plus, Roberts is young. I shudder to think how much damage he will be able to do to personal freedom before he retires.

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Reply 4 - Posted by: Memphis, 10/22/2013 4:52:30 PM     (No. 9577405)

They will learn the hard way....This could be funny.

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Reply 5 - Posted by: kennedylaw, 10/22/2013 4:58:27 PM     (No. 9577414)

Who cares what the law says? Our Glorious Leader is the law!

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Reply 6 - Posted by: lil dotty, 10/22/2013 5:01:22 PM     (No. 9577416)

Justices are filled with as much fear of the regime as our elected congress. If they have families, they will make their final decision carefully in order to keep them safe. Not one will have the courage of their convictions to go against the dark Won. Have faith, but keep in mind that the odds are not in favor of America. The deck is stacked.

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Reply 7 - Posted by: retCPO, 10/22/2013 5:14:48 PM     (No. 9577434)

Rubio is out there today trying to "defund" Obamacare while he, and every other Republican have simply ignored the IRS ruling that allow Federal operated exchanges to give subsidies even though the law clearly states that only state operated exchanges are eligible for the subsidies.

This clearly shows the cowardice and stupidity of the Repubs. I have been yelling about this since Roberts ruled a penalty a tax. I cannot imagine how the Supreme Court can get around the clear letter of the law, I´m sure they will find a way to delay it so long that itwill become a moot point.

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Reply 8 - Posted by: Bubbasuncle, 10/22/2013 5:18:10 PM     (No. 9577440)

Putting on my tinfoil hat. I smell a very big Lib Rat. U.S. District Judge Paul Friedman was a Clinton appointee. Could this be a set up, he strikes down the law and then they somehow push the meme that Conservatives destroyed the law.

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Reply 9 - Posted by: Marzon, 10/22/2013 5:46:14 PM     (No. 9577468)

I was wondering what happened to this approach. Since I had heard nothing about it for many months I just assumed a liberal judge had thrown out the case. Interesting that even now we only get an update from a foreign news source. Our gutless republicans should have been fighting Zippycare on all fronts, including this one.

Perhaps #8 is right. Now that the health control law is failing spectacularly and dragging the statists down with it, having it stopped this way would stop their slide down the bowl and they would forevermore claim that Zippycare would have been a great success if evil conservatives hadn´t gotten it ruled unconstitutional. I gladly pay that price though to avoid the nation wrecking disaster that is zippycare

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Reply 10 - Posted by: cake crumb, 10/23/2013 6:57:55 AM     (No. 9578073)

The only direction Roberts leans in "over".

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Reply 11 - Posted by: suziesuburbanite, 10/23/2013 7:09:52 AM     (No. 9578081)

"The Obama administration, according to their lawsuit, has ignored that language in the law"

Obami ignoring the law - I´m SHOCKED!

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Reply 12 - Posted by: bpl40, 10/23/2013 7:23:55 AM     (No. 9578095)

The fact that a Clintonista ´judge´ greenlighted this could be the real rat here. I can see piggy hooves clad in a pantsuit behind this.

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Reply 13 - Posted by: chance_232, 10/23/2013 7:26:25 AM     (No. 9578099)

"The Obama administration, according to their lawsuit, has ignored that language in the law"

Now there´s a shock! /S/

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Reply 14 - Posted by: Janjan, 10/23/2013 7:29:28 AM     (No. 9578101)

They will absolutely blame Republicans if this law is stopped. So what? That is what we have been demanding that they do. I don´t care how they do it. The Republicans in Congress have obviously given up so let the lawyers give it a whirl.

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Reply 15 - Posted by: ADNova, 10/23/2013 7:33:49 AM     (No. 9578103)

If an injunction is issued so be it. It would be a great day to see the liberal´s favorite branch of government bite them in the *ss. Still, hanging hope on this feels a bit like looking for a pony or a bb gun after all the Christmas presents have been opened. I´m not holding my breath.

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Reply 16 - Posted by: avital2, 10/23/2013 7:41:00 AM     (No. 9578112)

it is best if this monstrosity dies because of rejection by citizens rather than in the courts.

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Reply 17 - Posted by: Dodge Boy, 10/23/2013 7:45:11 AM     (No. 9578118)

Once again, the Brits sending over the real deal. Even the Daily Mail, albeit a progressive rag, now doing its job. Indeed, if this one makes its way to the Supremes, that Roberts wakes up this time instead of going along to get along. None of this Stockholm Syndrome stuff next time, Judge Roberts. You to, pubbies.

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Reply 18 - Posted by: wherewithal, 10/23/2013 8:15:08 AM     (No. 9578165)

The poison pill as been in the open all along, if you know the Constitution. This is a revenue (tax) bill that originated in the Senate and the Constitution requires ALL revenue bills to originate in the House. It´s called the Origination Clause.

I don´t understand why all of the "Constitutional Scholars" out there don´t seem to know this.

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Reply 19 - Posted by: 2dogs, 10/23/2013 8:30:41 AM     (No. 9578194)

Suppose they dropped the ACA tomorrow...claimed it a failure or unconstitutional. THEN what? The Ins. companies have already retooled their policies, sent their "we´re sorry" letters, etc. All those folks cancelled would be in total limbo, still needing to get a policy, but now all the private policies COST more. We are screwed either way!!!

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Reply 20 - Posted by: Rinktum, 10/23/2013 8:44:22 AM     (No. 9578209)

Every time a new way to stop this abomination pops up, I get my hopes up only to be disappointed when it comes to naught. Frankly, I doubt this will be any different but I can´t help myself, I hope it will be. I just can´t fathom this great country being brought down by these clowns.

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Reply 21 - Posted by: steph_gray, 10/23/2013 8:48:37 AM     (No. 9578219)

#15, it´s such a pile, there´s just got to be pony in there somewhere.

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Reply 22 - Posted by: stryker714, 10/23/2013 8:52:14 AM     (No. 9578225)

Well maybe the Clinton appointed judge is going to do the Clintons a favor as the Arkansas duet don´t really like Obama?
If it goes to the Supremes, that will be a home game for the democrats as in victory. As subjective as Roberts was before, he´ll do it again. The whole subsidy concept is laughable, especially applied to ACA. It might as well be a rebate on a Ford Pinto or Chevy truck with the side saddle gas tanks.

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Reply 23 - Posted by: oh-heck, 10/23/2013 9:10:50 AM     (No. 9578256)

All the states had a high risk pool for uninsured with preexisting conditions. As part of ACA (Obamacare) a federal pool was created. The enrollment was predicted to reach 625,000 almost immediately, but growth was slow. The federal pool finally reached 100,000 around the first of the year, at which point they realized that the $5 billion might not stretch til 2014. This was the core group for whom Obamacare is a real savings. Somehow the Obamacare PCIP has managed to cost between 3 and 5 times the average cost of the state high risk pools. Now is the time to determine whether we need to continue to have a PCIP (preexisting conditions insurance pool) separate from healthy insured people in Obamacare.

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Reply 24 - Posted by: EnsignO, 10/23/2013 9:49:20 AM     (No. 9578309)

Like most here, I am extremely angry that John Roberts twisted the definitions of "tax" and "penalty" by trying to make them synonymous.

A penalty is punitive and is meant to be a punishment. That doesn´t make it a tax.

A tax, while burdensome to some, is not necessarily meant as punishment. A tax is a method of collecting a small sum of money from everyone to maintain things all citizens enjoy.

There are exceptions, though. When a person drives on a toll road, every vehicle has to pay the "toll" to use that road - it doesn´t matter how wealthy or poor the driver is. The toll is not meant to be punitive, it is merely a way to pay for the road over a period of years. The toll is generally a small charge and isn´t likely to bankrupt those who drive on the toll road.

However, if a driver decides he/she doesn´t want to pay to drive on said toll road and there is another road that will get the driver to the same place he is going, then the driver is free to make that choice. Just because the "other" road might not be as well maintained or might take a little longer to get to the final destination, the driver can make the choice to not pay the "toll" and to go the different route.

There is no penalty in not using the toll road. But in not buying health insurance, the non-buyer will be punished - small penalty for first year of not buying, but in ever-increasing amounts in subsequent years. Finally the non-buyer will either relent or he will go to the new debtor´s prison.

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Reply 25 - Posted by: bighambone, 10/23/2013 9:53:54 AM     (No. 9578319)

I would not get to excited about this ruling by a District Judge to allow the lawsuit to go forward as that does not mean that he will rule against the Obama crew in the end. Anyway it will take a long time for this to reach the US Supreme Court which would then have to accept the case. In the meantime look for the Obama crew to get the law changed and make all this moot.

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Reply 26 - Posted by: EnsignO, 10/23/2013 10:22:47 AM     (No. 9578380)

Sorry for another comment, but just wanted to respond to #19´s rather defeatist comment: Suppose they dropped the ACA tomorrow...claimed it a failure or unconstitutional. THEN what? The Ins. companies have already retooled their policies, sent their "we´re sorry" letters, etc..

I imagine the insurance companies can come up with some sort of rollback pricing and opportunities to come back to their company. Once businesses feel a lot more secure that they will be able to continue, they will begin hiring again.

My point is, first and foremost, to have a "can do" attitude about our good fortune if the ACA is declared a failure or unconstitutional. We must think like Winston Churchill:

"A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.”

"Success is not final...Failure is not fatal...it´s the courage to continue that counts”

and above all:

"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honor and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.”

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Reply 27 - Posted by: jglas, 10/23/2013 10:37:25 AM     (No. 9578401)

Get that injunction and shut this thing down. Let people think about it. they know what it is now.

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Reply 28 - Posted by: Arby, 10/23/2013 11:03:10 AM     (No. 9578471)

Interesting article, and (as nearly always) the story is covered by a British newspaper.

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Reply 29 - Posted by: dman, 10/23/2013 11:06:35 AM     (No. 9578480)

Country above politics: at this point, what does the blame game matter? Roberts might get a "Mulligan": who knows? - miracles can happen.

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Reply 30 - Posted by: Butch59, 10/23/2013 11:09:16 AM     (No. 9578484)

Since there are far too many liberal judges sitting on the bench, I´m not too excited about this news. For some reason, liberal judges seem to be very happy and pleased to create law from the bench. And I don´t see any of them changing their strips with this one. As such, I´m just going to keep my power dry, buy more ammo, and wait as see what the outcome is.

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Reply 31 - Posted by: Holeymoses, 10/23/2013 11:22:02 AM     (No. 9578507)

Whatever they had on Roberts, they still have. He will do the White House´s bidding. Trust is out the window on this man.

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Reply 32 - Posted by: mindyourbubble, 10/23/2013 11:26:52 AM     (No. 9578514)

I to do not trust Roberts.

His original interpretation was a result of unbridled "Scrupulosity".

In the church´s Catechism, applying and using Scrupulous methods of judgment is a "Mortal" Sin. Especially when great needless harm is done.

There is more to this but not necessary here.

One can only hope Roberts uses this case to render a Not Legal Verdict as an act of LAW and Contrition for his past lack of not making a Reasonable Judgment rather than a "Scrupulous" one.

Never the less my trust of him doing so is extremely low and weak.

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Reply 33 - Posted by: 2dogs, 10/23/2013 12:51:14 PM     (No. 9578644)

#26, pessimism only comes from knowing the Repubs would have to step up to the plate. So far, other thanCruz and Lee, we have only RINOS to chart our course.

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Reply 34 - Posted by: J F Ackerman, 10/23/2013 1:36:54 PM     (No. 9578747)

I continue to believe the Obama snoops at the NSA have something on John Roberts.

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Reply 35 - Posted by: flatwater, 10/23/2013 1:54:04 PM     (No. 9578785)

No worries. If the case should make it to the Supreme Court, John Roberts will just read the litigation through a funhouse mirror, translate it into interpretive dance, and find further justification for raping our Constitution yet again....

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Reply 36 - Posted by: Nevadadad46, 10/23/2013 3:01:36 PM     (No. 9578922)

I am searching the letter of the ACA all morning- I do not see it. I´m sure it´s there. but, I can´t find the section and paragraph. I want to see it for myself.

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Reply 37 - Posted by: Nevadadad46, 10/23/2013 3:35:18 PM     (No. 9578967)

I found the law suit and ehre are the re4ference from that law suit (public record)

§ 36B(b)(2)(A) (emphasis added). Therefore there is no premium-assistance subsidy under the Act unless the citizen pays for insurance obtained through a State-established Exchange. Confirming the point, the statute calculates the subsidy by looking to“coverage months,” defined as months in which the taxpayer “is covered by a qualified health plan described in subsection (b)(2)(A)
that was enrolled in through an Exchange established bythe State under section 1311 of the Patient Protection and Affordable Care Act
.” 26 U.S.C. §36B(c)(2)(A)(i) (emphasis added). Again, unless the citizen has enrolled in a plan through aState-created Exchange established under § 1311 of the ACA

It looks to me like it´s solid. ND

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Reply 38 - Posted by: seenitallbefore, 10/23/2013 6:35:10 PM     (No. 9579224)

#7 No way is the Daily Mail a progressive rag. You are confusing it with the Guardian, the Daily Mirror or the so-called Independent.

The Daily Mail, Daily Express and Daily Telegraph are all right-wing. The Mail, despite being a tabloid, has the best investigative journalists in the business, IMHO

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Reply 39 - Posted by: TheCommish, 10/23/2013 7:17:40 PM     (No. 9579288)

#18 - Re originating in the House...As I recall, the Senate took a resolution passed by the House - I think it had to do with veteran housing - stripped out all the language, then inserted the language of the ACA. This was done because they could not muster 60 votes (Scott Brown) but needed only 51 for reconciliation.

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Reply 40 - Posted by: reillybinx, 10/23/2013 11:18:15 PM     (No. 9579569)

Time to use their Alinsky tactics against them. Sue, sue, sue....overwhelm the system.

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Reply 41 - Posted by: Ida Lil, 10/23/2013 11:41:48 PM     (No. 9579598)

Correct #39 and that is illegal too.
Harry reid should be immediately removed from the Senate based on committing an unconstitutional high crime.
As to what ever they have on Roberts if anything we the people should grant him immunity that allows him to escape from the Obama blackmail business if he outs that act against him.

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Reply 42 - Posted by: rock n robin, 10/24/2013 10:50:35 AM     (No. 9580165)

Maybe this has been dealt with elsewhere, but:
Since Roberts declared the penalty to be a tax and tax bills originate in the House, I´m not sure why the Repubs can´t legislate that the penalty=tax will be changed to, say, $10.00 and this amount can never be increased in future years.
This might be a way of making the ACA toothless.

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Washington Post, by Soroya Nadia McDonald    Original Article
Posted By: MissMolly- 4/18/2014 5:02:40 AM     Post Reply
After presenting at the Academy Awards this year, Kim Novak didn’t want to leave her house. The Hitchcock screen siren, 81, was too humiliated to venture from her home near the Rogue River in Oregon. She read the cruel posts and Internet snark about her appearance, and it was just too much. “It got to me like it gets kids and teenagers,” she told the Associated Press. The “Vertigo” actress, considered one of the great beauties in her day, posted a note on her Facebook wall Thursday, acknowledging that she’d gotten fat injections in her face and addressing her halted

Analysis: Obama Celebrates
Eight Million ´Enrollments,´
Again Declares Debate ´Over´

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Townhall, by Guy Benson    Original Article
Posted By: KarenJ1- 4/17/2014 8:56:28 PM     Post Reply
President Obama addressed the White House press corps today, announcing that with the final numbers in, Obamacare´s exchanges have attracted eight million sign-ups -- 35 percent of whom are "under the age of 35," he said. Several elements of his comments were misleading: (1) At first blush, the 35 percent stat is both significant and impressive. As recently as last month, the share of "young invincibles" signing up for plans was struggling in the 25 percent range, far short of the actuarial target of nearly 40 percent. A leap into the mid-30´s, while still shy of the goal, would constitute a major step, and would bode well for the risk pools'

Michelle Obama Riverdances
Through Dublin to the Tune
of $7,921,638

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Breitbart Big Peace, by Tom Fitton    Original Article
Posted By: JoniTx- 4/17/2014 6:45:16 AM     Post Reply
When it comes to tracking the cost of Obama family vacations, there are two primary challenges. First, the Obamas are prolific jet-setters, so there are many details to track. Second, the Obama administration, clearly embarrassed by these lavish and frequent family vacations, stonewalls the release of records at every turn. But we have been relentless in pursuit of this information. Our attorneys file the lawsuits and make our case, and our investigators pour through pages of records and crunch the numbers. And the information we’ve uncovered – information that would otherwise remain under lock and key – shows that the

The Folly Of The Bundy Ranch Rebellion
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The Federalist, by Grace Olmstead    Original Article
Posted By: Pluperfect- 4/18/2014 4:21:46 AM     Post Reply
It’s the stuff of Westerns: a showdown on the desert plains, the big bad government against an underdog farmer. Though the story has only grabbed national headlines in the past several days, rancher Cliven Bundy has illegally grazed cattle on the Nevada land surrounding his farm for over 20 years. He hasn’t paid grazing fees since 1993, and refuses to renew the necessary grazing permit.(Snip)Rather than using the avenues and pathways presented to him, Bundy has staunchly declared his own law and allegiances. Unfortunately, reality doesn’t work this way. If only it did—we could rebel for paying stupid taxes, refuse to

Students Demand Acknowledgement of
Robert E. Lee´s ´Racist and Dishonorable Conduct´

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Breitbart´s Big Government, by AWR Hawkins    Original Article
Posted By: Desert Fox- 4/18/2014 12:35:28 PM     Post Reply
A group of seven multiracial Washington and Lee University (W&L) students are demanding the school remove all Confederate flags from campus and "acknowledge" General Robert E. Lee´s "dishonorable side." According to the Roanoke Times, "seven multiracial students, calling themselves ´The Committee,´" have also demanded the school "acknowledge and apologize for participating in chattel slavery." They want recognition of "Martin Luther King Jr. Day on the undergraduate campus" and an end to "neo-Confederates" marching across campus "to the Lee Chapel on Lee-Jackson Day." The students say they will "engage in civil disobedience" if their demands are not met by September 1st. They added: "The

Former US president joins
opposition to Keystone XL

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Houston Chronicle, by Jennifer A. Dlouhy    Original Article
Posted By: JoniTx- 4/16/2014 10:32:12 PM     Post Reply
WASHINGTON — Former President Jimmy Carter joined fellow Nobel laureates Wednesday in opposing Keystone XL, insisting that approving the pipeline would trigger “more climate upheaval” around the globe. In an open letter to President Barack Obama and Secretary of State John Kerry, Carter and the nine other Nobel Peace Prize winners bluntly warned the leaders: “Your decision on the Keystone XL tar sands pipeline will define your climate legacy.” The missive, published as an advertisement in Politico, represents the first time Carter has taken a position on the $5.4 billion project and makes him the first former president to come

Pelosi assists in Holy Week
foot-washing ritual

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San Francisco Chronicle, by Staff    Original Article
Posted By: Harlowe- 4/18/2014 11:46:54 AM     Post Reply
To "honor the dignity and work of immigrants," Democratic House Minority Leader Nancy Pelosi helps Bishop Marc Andrus wash the feet of two children Thursday at Saint John the Evangelist Episcopal Church in San Francisco. Pelosi also used the occasion to talk about passing HR15 - bipartisan immigration legislation that her office says would "reduce the deficit by nearly $1 trillion, secure our borders, unite our families, protect our workers and provide an earned pathway to citizenship." The Democratic leader´s ceremony coincides with Pope Francis´ similar ceremony in Rome to mark Holy Week.

Deadbeat on the Range
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New York Times, by Timothy Eagan    Original Article
Posted By: Pluperfect- 4/18/2014 3:52:52 PM     Post Reply
Imagine a vendor on the National Mall, selling burgers and dogs, who hasn’t paid his rent in 20 years. He refuses to recognize his landlord, the National Park Service, as a legitimate authority. Every court has ruled against him, and fines have piled up. What’s more, the effluents from his food cart are having a detrimental effect on the spring grass in the capital. Would an armed posse come to his defense, aiming their guns at the park police? Would the lawbreaker get prime airtime on Fox News, breathless updates in the Drudge Report, a sympathetic ear from Tea Party Republicans?

Illinois Dems to offer $100 million in
taxpayer money to lure Obama library site

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Investor´s Business Daily, by Andrew Malcolm    Original Article
Posted By: SurferLad- 4/18/2014 9:15:50 AM     Post Reply
First, the good news: We are close enough to the end of the Obama presidency for his crowd to talk about a presidential library. Now, the bad news: Obama´s retirement is still 1,008 days distant. Plenty of time though to round up the dough to build it somewhere. Figure they need Solyndra-style money, at least $500 million. The last two presidents – Bill Clinton and George W. Bush -- built their legacy edifices totally with private money. [Snip] However, Obama supporters have a different take. They think taxpayers should put up $100 million in public money for Obama´s library.

Every Media Outlet: Hillary
Grandkid the Most Consequential
Baby Since Jesus

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Mediaite, by Tina Nguyen    Original Article
Posted By: JoniTx- 4/18/2014 10:34:40 AM     Post Reply
Less than 16 hours after Chelsea Clinton announced she was pregnant, a lot of major news outlets started staring into the crystal ball of Chelsea’s womb, wondering what this currently floating zygotic multicellular being meant for the prospects of Hillary Clinton’s 2016 campaign, which is also a floating, zygotic, multicellular being. Their answer: The immaculately conceived Clinton child could mean everything. And no, it’s not just the fact that having a grandchild could be personally fulfilling to Hillary and Bill (mazel tov, by the way), or that a cute baby would be a sweet cherry on top of Hillary’s already

Glen Campbell has been
moved into a facility

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People Magazine, by Gilliam Telling    Original Article
Posted By: Hazymac- 4/17/2014 6:58:48 PM     Post Reply
Glen Campbell has been suffering from Alzheimer´s for over three years, but the Grammy-winning singer, 78, has recently moved into a facility, PEOPLE has confirmed. "He was moved to an Alzhemier´s facility last week," says a family friend. "I´m not sure what the permanent plan is for him yet. We´ll know more next week." The "Rhinestone Cowboy" crooner first opened up about having Alzheimer´s to PEOPLE in an exclusive 2011 interview. Campbell and his fourth wife, Kim Woolen, decided to go public with the news because Campbell hoped to embark on a final farewell live tour. The couple wanted his

Even Hillary Clinton Isn’t Sure What
We Should Like About Hillary Clinton

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PJ Media, by Stephen Kruiser    Original Article
Posted By: StormCnter- 4/18/2014 4:33:53 AM     Post Reply
The first step is admitting… It was a simple question to someone accustomed to much tougher ones: What was her proudest achievement as secretary of state? But for a moment, Hillary Rodham Clinton, appearing recently before a friendly audience at a women’s forum in Manhattan, seemed flustered.(Snip)So…no definitive successes and some clear-cut failures. And that’s the generous New York Times assessment. The Democrat fantasy story about Mrs. Clinton paints her as strong and accomplished on her own. In reality, this is a woman who is professionally defined almost entirely by two men in her life, both of whom happen to have

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