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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 Mail [UK], by David Martosko    Original Article
Posted By: KarenJ1- 4/22/2014 7:02:40 PM     Post Reply
The Citizens Commission on Benghazi, a self-selected group of former top military officers, CIA insiders and think-tankers, declared Tuesday in Washington that a seven-month review of the deadly 2012 terrorist attack has determined that it could have been prevented – if the U.S. hadn´t been helping to arm al-Qaeda militias throughout Libya a year earlier. ´The United States switched sides in the war on terror with what we did in Libya, knowingly facilitating the provision of weapons to known al-Qaeda militias and figures,´ Clare Lopez, a member of the commission and a former CIA officer, told MailOnline. She blamed the Obama administration

Why Does Nation Tolerate A
Habitual Liar As President?

64 replie(s)
Investors Business Daily, by Editorial    Original Article
Posted By: Desert Fox- 4/22/2014 2:10:54 PM     Post Reply
Public Trust: Sixty-one percent polled say President Obama lies "some of the time" or "most of the time" on matters of national importance. Americans have to ask: Why do we let him get away with it? It´s no surprise that a Fox News poll of 1,012 registered voters last week found immense distrust of a president whose main domestic initiative was based on a lie. The shock is that the same poll found his disapproval level down to its lowest since last fall. Asked, "How often do you think Barack Obama lies to the country on important matters?" 37% replied "most of

Obama to free hundreds of drug
felons under clemency rules
designed to un-do mandatory
sentences from ´War on Drugs´ era

54 replie(s)
Daily Mail [UK], by David Martosko    Original Article
Posted By: Attercliffe- 4/21/2014 11:37:51 PM     Post Reply
The Obama administration is poised to entertain a flood of new clemency applications from thousands of federal prisoners who were given harsh sentences under mandatory-minimum laws following drug convictions, Attorney General Eric Holder said Monday. Holder said in a short videotaped statement that he wants to shrink the federal prison population by a modest amount while ensuring ´that those who have paid their debts have a chance to become productive citizens.´ At the center of the move is a set of old sentencing rules that punished crack-cocaine offenders with more time behind bars than users or traffickers of powder cocaine.

Dole: Cruz, Paul & Rubio
lack experience for 2016

44 replie(s)
The Hill [Washington, DC], by Mario Trujillo    Original Article
Posted By: KarenJ1- 4/22/2014 11:18:06 AM     Post Reply
Former Sen. Bob Dole (R-Kan.) said a number of junior GOP senators considering a presidential run in 2016 do not yet have the experience — specifically naming Rand Paul (Ky.), Marco Rubio (Fla.) and Ted Cruz (Texas). The former 1996 GOP presidential candidate sounded particularly skeptical of Cruz in an interview this week with The Wichita Eagle. "A number of the younger members, first-termers like Rand Paul, Rubio and that extreme-right-wing guy, Ted Cruz — all running for president now. I don´t think they´ve got enough experience yet," Dole said. The 90-year-old former senator said, however, his main concern about 2016 is living

Jeb Bush is your only chance
against Hillary, Republicans

42 replie(s)
Hot Air, by Bob Schrum    Original Article
Posted By: quantumman- 4/22/2014 6:32:54 AM     Post Reply
If Jeb reaches for the nomination, there will be a titanic battle between the party establishment and the Tea Party. Steve Schmidt, McCain’s strategist in 2008, insists that in the end Republicans usually settle on the most electable candidate. To get by, this Bush may be forced to trim his positions, although the cautionary tale of Romney suggests that he would have to tack artfully and carefully for the sake of the general election. Certainly he will have the resources to outlast, discredit, and disqualify his rivals.

Fraud runs rampant in Census Bureau
37 replie(s)
New York Post, by John Crudele    Original Article
Posted By: StormCnter- 4/22/2014 5:03:20 AM     Post Reply
There’s a pattern of falsifying statistics throughout the entire Census Bureau. And anyone who attempts to blow the whistle on the fraud is either retaliated against or ignored, according to two new sources who have experienced the process firsthand. As I’ve been writing for more than six months, the Census Bureau office in Philadelphia uncovered a case of fraud in 2010, did nothing about it and allowed the practice to continue. In that instance, a data collector named Julius Buckmon was faking reports that went into the nation’s all-important jobless tally and consumer-inflation survey. Because the Census Bureau’s surveys are scientific — meaning

Professor: ‘Colleges Will Start Closing Up’ if
‘Racist, Misogynist, Money-Grubbing’ GOP Wins

36 replie(s)
National Review Online, by Andrew Johnson    Original Article
Posted By: Pluperfect- 4/22/2014 4:42:50 PM     Post Reply
New audio reveals an Eastern Connecticut State University professor warning that Republicans will “want things to go back — not to to 1955, but to 1855? if they win control of Congress in November. Republican victories could also put him out of a job, he cautioned. “We will live in a very, very, very different kind of country if that happens,” Professor Brent Terry told students in his Introduction to Creative Writing course, according to audio obtained by Campus Reform. “I mean, colleges will start closing up if these people have their way.” Over the course of his rant, Terry characterized conservatives

Jeb Bush: ‘I’m thinking about
running for president’

35 replie(s)
Fox News, by Christina Corbin    Original Article
Posted By: Desert Fox- 4/23/2014 3:01:45 PM     Post Reply
Jeb Bush said Wednesday he´s "thinking about running for president," in his most direct statement yet about a possible 2016 run. The former Florida governor spoke at a Catholic school benefit in New York Wednesday morning. He previously has said he´ll make a decision on whether to run for president before the end of this year, making clear that he was considering the possibility. But his comments on Wednesday appeared to be more direct. Asked what his "immediate plans" were, he said, according to an attendee: "I´m thinking about running for president." The answer was met with applause and a standing ovation, after

Reid: ´We Are a Nation of Laws,
Not of Men and Women´

33 replie(s)
Cybercast News Service, by Susan Jones    Original Article
Posted By: JoniTx- 4/22/2014 10:53:27 AM     Post Reply
It may not be tomorrow, but Senate Majority Leader Harry Reid (D-Nev.) says "something will happen" to force a Nevada rancher to obey a court order to stop grazing his cattle on federal land and pay his grazing fees. "It´s obvious that you can´t just walk away from this," Reid said in an April 18 interview with a Nevada´s KSNV-TV News 3 program “What’s Your Point?” "You can´t have a law that is -- we´re a nation of laws, not of men and women," he said. (Video) Reid noted that most cattlemen pay their taxes, pay their fees, and follow

38 Republican lawmakers put aside differences
for lawsuit challenging legality of Obamacare

30 replie(s)
Washington Times, by Dave Boyer    Original Article
Posted By: Pluperfect- 4/22/2014 5:20:31 AM     Post Reply
Thirty-eight Republican lawmakers, including such unlikely bedfellows as John McCain of Arizona and Ted Cruz of Texas, have joined to support a lawsuit challenging the legality of the Affordable Care Act and accusing the president of repeatedly ignoring the law he signed for political reasons. The lawmakers have signed onto a legal brief in support of a lawsuit filed by Sen. Ron Johnson, the Wisconsin Republican who is asking a federal court to overturn Obamacare’s special treatment for members of Congress and their staffs. “The unlawful executive action at issue in this case is not an isolated incident,” the brief

The Five’s Beckel Rips Bolling
for Laughing at Climate Science:
‘You Are a Total, Complete Jerk!’

30 replie(s)
Mediaite, by Matt Wilstein    Original Article
Posted By: Drive- 4/23/2014 8:29:47 AM     Post Reply
Today is Earth Day. Fox News’ The Five opened its show with a nearly 15 minute segment titled “Earth Day Hysteria.” The goal appeared to be to prove that scientists’ warnings about climate change are overblown and should be ignored if not outright mocked and co-host Eric Bolling was the ringleader of the effort. But he found an adversary in Bob Beckel, who challenged the status quo by presenting actual data on the rise of CO2 levels from NASA, of all places. But before Beckel got to his chart, Bolling took some time to “praise” President Barack Obama for what

Justice Sotomayor: Affirmative
Action ‘Opened Doors in My Life’

29 replie(s)
WPRO Radio [E. Providence, RI], by Staff    Original Article
Posted By: NorthernDog- 4/23/2014 12:30:26 PM     Post Reply
WASHINGTON -- In a dissent to Tuesday’s Supreme Court ruling upholding Michigan’s voter-approved ban on affirmative action programs in its public colleges, Justice Sonia Sotomayor speaks from experience about the complex impact of such programs on her own life. Sotomayor’s 58-page dissent, joined by Justice Ruth Bader Ginsburg, has one theme: Race matters. (Snip) She takes a dig at Chief Justice John Roberts who wrote once, “The way to stop discrimination on the basis of race is to stop discrimination on the basis of race.” Sotomayor says: “It is a sentiment out of touch with reality.” Sotomayor says, “Race matters.

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