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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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Daily Caller, by Alex Pappas    Original Article
Posted By: StormCnter- 4/15/2014 5:22:51 AM     Post Reply
Neurosurgeon Ben Carson says the White House wanted him to apologize for “offending” President Obama after he famously delivered a conservative message at the National Prayer Breakfast last year. Carson, the former director of pediatric neurosurgery at Johns Hopkins Hospital, recalls the events surrounding his 2013 speech in his new book, One Nation: What We Can All Do To Save America’s Future. The Daily Caller obtained an advance copy of the book, which is set for release May 20. “He did not appear to be hostile or angry,” Carson writes of Obama, “but within a matter of minutes after the conclusion of

Obama Generation Losing
Interest in Obama

46 replie(s)
Wall Street Journal, by James Freeman    Original Article
Posted By: Desert Fox- 4/14/2014 4:23:09 PM     Post Reply
President Obama inspired a generation of young people to support his historic election in 2008. And in 2012, despite the struggles of his first term, Mr. Obama still managed to win the support of a full 60% of voters age 18-29. But the man who once dreamed of being a transformative leader in the Reagan mold is inspiring few of those young people to follow his lead. "For all the talk about the movement that elected Mr. Obama, the more notable movement of Obama supporters has been away from politics. It appears that few of the young people who voted

Why You Should Be Sympathetic
Toward Cliven Bundy

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Powerline, by John Hinderaker    Original Article
Posted By: Toledo- 4/15/2014 8:40:58 AM     Post Reply
On Saturday, I wrote about the standoff at Bundy Ranch. That post drew a remarkable amount of traffic, even though, as I wrote then, I had not quite decided what to make of the story. Since then, I have continued to study the facts and have drawn some conclusions. Here they are. First, it must be admitted that legally, Bundy doesn’t have a leg to stand on. The Bureau of Land Management has been charging him grazing fees since the early 1990s, which he has refused to pay. Further, BLM has issued orders limiting the area on which Bundy’s cows can

Chelsea Clinton no longer
ruling out politics

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The Hill (Washington DC), by Judy Katz    Original Article
Posted By: JoniTx- 4/14/2014 11:57:36 AM     Post Reply
Chelsea Clinton says when people ask her these days whether she wants to go into politics, her answer isn’t an automatic “no.” The 34-year-old former first daughter told Fast Company in an interview published Monday, “for so long the answer was just a visceral no. Not because I had made any conscientious, deliberate decision, but since people had been asking for as long as literally I could remember, it was no." Now, the only child of former President Clinton and former Secretary of State Hillary Clinton explains, "I live in a city and a state and a country where I

Glaring limits of the Civil Rights
Act: We need to redistribute wealth

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Salon Magazine, by Matt Bruenig    Original Article
Posted By: KarenJ1- 4/14/2014 7:20:41 PM     Post Reply
Although the Civil Rights Act, the landmark legislation which just reached its 50th anniversary, made great strides in desegregating the economy, economic discrimination is still widespread, and anti-discrimination legislation alone can never rectify the economic damage inflicted upon blacks by slavery and our Jim Crow apartheid regime. The Civil Rights Act was a mild reform, all things considered, but one conservatives fought with vigor and one many conservatives are still bitter about to this day. When the Civil Rights Act passed in 1964, the primary purpose was to root out discrimination in public accommodations (like hotels and movie theaters)

Megyn Kelly and the
Sandberg Head Shaker

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American Thinker, by Richard F. Miniter    Original Article
Posted By: magnante- 4/15/2014 9:16:05 AM     Post Reply
Megyn Kelly’s "Kelly File" is a great news show. She’s incisive, informed and customarily handles the toughest guest with aplomb. But her lengthy interview of Facebook C.O.O. Sheryl Sandberg about her second book in the Lean In series Lean In: For Graduates was a head shaker. Amazing that she of all people allowed Sandberg to restring the same old, same old, shamed, and shopworn feminist myths about women and girls and then jangle it in front of her viewing audience like something new out of the box. Indeed Kelly all but genuflected in front of this woman. Kept her on thru

White is not right: Campus admins ask
for help weeding out white people

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Daily Caller, by Robby Soave    Original Article
Posted By: KarenJ1- 4/15/2014 7:47:18 PM     Post Reply
Western Washington University sent a questionnaire to students asking them for advice on how the administration could succeed at making sure that in future years, “we are not as white as we are today.” The question notes that WWU’s racial make up does not perfectly reflect the nation at large, and asks students to consider strategies that other universities have used to focus on skin color as the paramount indicator of a student-applicant’s worth. The president of WWU has stated that his explicit goal is to reduce the white population on campus, according to Campus Reform. “I’ve said before and I’ll say it

Atlanta Braves flooded with Hank
Aaron hate mail: He’s a ‘s*****g’

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Washington Times (D.C.), by Cheryl K. Chumley    Original Article
Posted By: JoniTx- 4/15/2014 3:23:19 PM     Post Reply
Hank Aaron’s recent comments about the need for America to realize that racism is still very much alive and thriving — only now due to those who wear “neckties and starched shirts” rather than KKK hoods — has sparked an angry backlash and many fans are turning the tables, calling the baseball legend himself a racist. “Hank Aaron is a s*****g piece of [expletive] [racial slur],” one man said in an email to the Atlanta Braves’ front office, one of the teams Mr. Aaron used to play for, CBS News reported. “My old man instilled in my mind from a

If a nuclear bomb exploded in downtown
Washington, what should you do?

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The Week, by Marc Ambinder    Original Article
Posted By: MissMolly- 4/15/2014 4:51:46 AM     Post Reply
Funny question in the headline, yes? But since President Obama worries more about the threat of terrorists´ improvised nuclear device going off in a major American city than anything Russia can throw at us, I was wondering if the government had deigned to share with us citizens any tips for, you know, surviving something their own intelligence points to as the likeliest unlikely Black Swan event. Well, no. And yes. No — very few people in Washington, D.C., who work for the government have any idea what they would do if a 10-kiloton nuclear device exploded at the intersection of 16th and K

Obama taps gay bishop to wrap Easter
Prayer Breakfast with invocation

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Washington Times, by Cheryl K. Chumley    Original Article
Posted By: jackson- 4/15/2014 9:25:28 AM     Post Reply
When President Obama needed a preacher to fulfill the closing prayer duties at the annual White House Easter Prayer Breakfast, he turned to none other than the Episcopal Church’s first openly gay bishop — who said he was as shocked as anyone at the appointment. The Right Rev. Gene Robinson said in a tweet, accompanied by a photo of Mr. Obama behind a podium at the event: “POTUS ‘preaches’ at the Easter prayer breakfast. Then, out of the blue, asks ME to close with prayer. OMG!” Newsmax said he also emphasized that the words he chose to close the breakfast

Obama Selects First Openly Gay
Episcopal Bishop to Lead Easter Prayer

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Mediaite, by Andrew Kirell    Original Article
Posted By: JoniTx- 4/14/2014 12:46:05 PM     Post Reply
President Obama pulled a surprise move Monday at the White House’s Easter Prayer Breakfast when he selected Gene Robinson to lead the closing prayer. Robinson is famously known as the first openly gay Episcopal bishop. Talking Points Memo’s Tom Kludt spotted the following tweet from Robinson, who was in attendance: (Tweet) Robinson, 66, became diocesan bishop of New Hampshire in March 2004. He retired in January 2013 and is currently a senior fellow at the progressive

Developing: Russian fighter jet buzzes
U.S. Navy destroyer in Black Sea

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Associated Press, by Lolita C. Baldor    Original Article
Posted By: Desert Fox- 4/14/2014 12:49:12 PM     Post Reply
A Russian fighter jet made multiple, close-range passes near an American warship in the Black Sea for more than 90 minutes Saturday amid escalating tensions in the region, a U.S. military official said Monday. In the first public account of the incident, the official said the Russian Fencer flew within 1,000 yards of the USS Donald Cook, a Navy destroyer, at about 500 feet above sea level. Ship commanders considered the actions provocative and inconsistent with international agreements, prompting the ship to issue several radio queries and warnings. The fighter appeared to be unarmed and never was in danger of

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