Archive for category DC

The Cornhusker Kickback is Dead

The pressure brought by state attorneys general appears to have worked.  The Cornhusker Kickback is dead.  From Roll Call:

Sen. Ben Nelson (D-Neb.) on Friday asked that a deal he secured for his state on Medicaid funding be removed from the health care reform bill, a move that follows weeks of unrelenting political blowback.

Nelson contends that a $100 million deal he extracted for Nebraska in December to pay the state’s cost of a proposed Medicaid expansion was misunderstood. He said it was intended to act as a placeholder to ensure that all states received similar treatment once negotiations to reconcile the House and Senate bills commenced.

But after weeks of criticism from Nebraskans and fellow Democratic Senators and a backlash that extended nationwide for a deal that came to be known as the “Cornhusker Kickback,” Nelson on Friday sent a letter to Majority Leader Harry Reid (D-Nev.) asking him to strip the provision from the reform bill.

In his letter, Nelson asks that the Nebraska-only measure be replaced with one that would exempt all states from paying the cost of a proposed Medicaid expansion. However, his letter appears to make clear that regardless of whether that request is granted, he wants the provision affecting Nebraska removed.

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2 Democrat AGs Who Need to Speak Up on the Cornhusker Kickback

Massachusetts Democrat Attorney General Martha Coakley has been remarkably silent on the constitutional issues raised by the Cornhusker Kickback.  State attorney’s general across the country no doubt are hearing about this issue not only from their colleagues, but also from the taxpayers in their states.  Since A.G. Coakley is running for the United States Senate, where this kickback was originally cut, shouldn’t she be stepping up and speaking out on this issue.  Folks in Massachusetts should be asking candidate Coakley if elected, if she will let these type of deals happen on her watch in the U.S. Senate.  And then they should ask A.G. Coakley if she thinks the Cornhusker Kickback is constitutional or even smells legally right.

And why we’re at it, why not pose the same questions to Connecticut Democrat A.G. Richard Blumenthal.  He’s the guy who just announced today that he’ll be running for U.S. Senate in Connecticut to replace Chris Dodd.  No doubt candidate Blumenthal will invoke words like ethics, transparency, and reform throughout his campaign.  Those are words that A.G. Blumenthal has used through out his career as his state’s top cop.

If these two sitting state attorneys general want to be in the United States Senate – what do they think about the issue that is shining a bright light on the deal making that occurs in the United States Senate – the Cornhusker Kickback?

Saying it’s just politics isn’t going to get the job done.

A bipartisan effort is being made to all state A.G.s to completely address the Cornhusker Kickback.  Martha Coakley and Richard Blumenthal need to let the citizens of their states know where they stand on this matter.  From the Associated Press:

COLUMBIA, S.C. (AP) – Two top state prosecutors are asking attorneys general across the country to let Washington know if they oppose the health care reform bill they say includes a political deal for Nebraska.

South Carolina Attorney General Henry McMaster and Oklahoma top prosecutor Drew Edmondson asked their colleagues Wednesday to call on U.S. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid to remove the provision.

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White House Denies AGs Concerns on Cornhusker Kickback (video)

White House spokesman Robert Gibbs dismissed out of hand any concerns that a bipartisan group of state attorneys general have over the Cornhusker Kickback at yesterday’s morning press briefing.  According the CNS News, Gibbs dismissed any constitutional concerns had by the Democrat and Republican state attorneys general saying:

I do not believe that anybody has legitimate constitutional concerns about the legislation.

Gibbs went on to say that he had not even bothered to read the lengthy 2 page letter.

Wait, what?

How can Robert Gibbs speak to the concerns of these state A.G.s if he hasn’t even taken the time to read the letter – which incidentally isn’t some tightly guarded secret – you can read it yourself right here.  That’s right – the White House isn’t interested in a dialogue on this issue – they’ll just act like they’re not aware of any concerns and hope it gets rammed through.

Yes, the White House just doesn’t think this is a big deal.  Watch for yourself.

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Dems beginning to join opposition to Cornhusker Kickback

The Daily Oklahoman quietly reported on its editorial page that Democrat attorney general Drew Edmondson was “on board” with the effort to sniff out the constitutionality of the Cornhusker Kickback back on January 2nd.  That news will probably be nationwide today – compelling more state attorneys general to weigh in as well on this simmering issue – since  South Carolina papers picked up the story this morning, as did the CNS news service.  You can expect to see this information to become part of the “state A.G.s vs. the U.S. Senator” narrative immediately with the national press.  It seems that the stock Democrat response of these top lawyers opposing this aspect of the measure as unconstitutional as just politics is being flushed away.  We’ve heard there are a great number of state A.G.s concerned about this – it’s just a matter of time before more of them break ranks.

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Pressure on Democrat AGs increases on Cornhusker Kickback

Maybe some of these Democrat state attorneys general will start to see the real issue here, and join their fellow state attorneys general, now both Democrat and Republican, in the effort to protect ALL of America’s taxpayers from the Cornhusker Kickback.

From Arizona’s KTAR radio for Democrat Attorney General Terry Goddard:

Terry Goddard, this is your moment. Arizonans need you to step-up.

As the formulating of healthcare “reform” legislation secretively continues in the U.S. Senate, Attorney’s General from multiple states have begun to announce that they are launching investigations into the legality, and constitutionality of the Senate healthcare bill. Arizona’s Attorney General Terry Goddard should be calling for his own investigation, because based on what little is known about this highly secretive legislation, it appears that the bill places Arizonans at a significant disadvantage, financially and otherwise, to residents of the state of Nebraska.

South Carolina Attorney General Henry McMaster, along with the Attorneys General in the states of Washington, Michigan, Texas, Colorado, Alabama and North Dakota – have joined forces to consider, among other things, if the Obamacare bill in the U.S. Senate violates the 10th Amendment of the U.S. Constitution. The 10th Amendment stipulates that powers not granted to the national government nor prohibited to the states by the constitution of the United States, are reserved to the states or the people.

From the Las Vegas Review Journal questioning Democrat A.G. Catherine Cortez Masto:

To win Sen. Nelson’s vote, Sen. Reid agreed to have the federal government forever pay full freight for Nebraska’s Medicaid expansion, mandated by the bill. Every other state gets only three years of full federal coverage under the plan. After that, every state but Nebraska will be required take on huge, new, unfunded Medicaid burdens. Nevada’s alone will be at least $600 million per year.

A conference committee will begin meeting in the new year to work out a compromise between House and Senate versions of the bill. Mr. McMaster says if the bill goes through with the benefit for Nebraska, taxpayers in the other 49 states will have to cover their own unfunded mandates in addition to Nebraska’s share.

The 13 attorneys general signing the letter are all Republicans. But the danger of such a precedent, once set, is surely not limited to states adhering to one party. Nevada Attorney General Catherine Cortez Masto should join the action on Nevadans’ behalf.

Some will hold that unlikely, since it might be seen as a challenge to Sen. Reid, the presumed godfather of Nevada Democrats.

The question is, does Ms. Masto represent the Nevadans who will have to pay “more than their share” under Sen. Reid’s Nebraska payoff scheme … or someone else?

Kansas state house and senate leaders are asking Democrat A.G. Stephen Six to take a closer look at the constitutionality of it all. From the Lawrence Journal World:

“With luck and a little persuasion, perhaps a majority in Congress will come to its senses and conclude that our nation’s health care can be reformed without disregarding the Constitution,” the four legislators wrote in a letter to Six. “But if they don’t, then it will be up to you and to us to protect the Constitution we are sworn to uphold and to preserve the liberties of the Kansans we represent.”

They cited what is being called either the “Cornhusker Kickback” or the “Nebraska Compromise,” and a requirement that every person have health insurance coverage.

Governors in Connecticut and Georgia have asked their attorney general to actively look into the constitutionality of Cornhusker Kickback.  Tennessee’s Lt. Governor wants his state attorney general to look into the health care deal also.

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Cornhusker Kickback/Nebraska Compromise

It’s 100% astounding that Democrat U.S. Senator Ben Nelson thought a good way to get the state attorneys general to back off of their mission of stomping the Cornhusker Kickback would be to have the federal government pick up the Medicaid tab to all 50 states.  Truly, not in touch with the economic and political realities of what’s happening in the U.S.  From Politico:

The document goes on to say: “Senator Nelson said it would be ‘fixed’ by extending the Cornhusker Kickback (100% federal payment) on Medicaid to every state.”

Senate Democratic leaders have made no reference to a plan to expand the Nebraska deal to the remaining 49 states — a move that would be prohibitively expensive to the federal government and raise serious questions about whether health reform would lower the expected federal deficit, as President Barack Obama claims it would.

At the same time, Sen. Tom Harkin (D-Iowa) said after the Nebraska deal came to light that he envisions other states lining up to seek a similar deal down the road. Under the Nebraska provision, all added expenses from expanding Medicaid to cover the uninsured in Nebraska starting in 2017 would be borne by the federal government forever, not split with the state as they are now.

According to the memo, McMaster responded to Nelson by saying that the goal of the GOP attorneys general was to remove the Nebraska Medicaid provision from the bill and that “he saw no way that he—nor any of the state attorneys general—will support extension of the Cornhusker Kickback to every state nor be a part of a deal like that.”

Senator Nelson can’t be feeling good about his situation right now.  It’s already clear that voters aren’t feeling good about what he’s done.  A recent Rasmussen survey has Senator Nelson getting just 30% of the vote in a hypothetical ‘12 U.S. Senate match up against Republican governor Dave Heineman.   Heck, only 17% of Nebraskans even approve of the deal he cut with Harry Reid on this one.  And 64% of Nebraskans oppose the health care legislation.

Nah, not feeling good at all…unless you’re a Republican with eyes on that U.S. Senate seat there in Nebraska.

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Napolitano blames earlier Administration

It’s not that hard to read between Janet Napolitano’s lines.  It doesn’t matter how long rules have been in existence – the Obama team has been in office for just a hair over 11 months.  If this terrorist had been able to successfully detonate his BVDs, the failure of the security system would’ve been squarely on DHS Secretary Janet Napolitano’s shoulders.  She can’t blame ANYBODY else for her failure to review procedures. A lot has changed since January 20th, 2009.  Not just since January 19th, 2009 – or 2001.  Watch and cringe yourself.

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Nebraska Compromise

Now 7 state attorneys general and at least 1 lieutenant governor are looking into the constitutionality of the Nebraska Compromise.  Below is a recap of some of the news coverage:

From Colorado’s AG John Suthers via the Denver Post:

The top lawyers say exempting Nebraska alone from millions of dollars in higher Medicaid costs in exchange for Democratic Sen. Ben Nelson’s support of the bill would violate Constitutional provisions requiring equal treatment among states.

“We think this is an absolutely unprecedented example of favoring one state over other states,” said Colorado Attorney General John Suthers. “Constitutional experts are looking at it. It wouldn’t be ripe for litigation unless signed by the President. But if it is, a bunch of states will challenge it.”

From Texas AG Greg Abbott:

In light of this unprecedented and highly questionable backroom deal, Texas will join South Carolina and other states in an effort to thoroughly review the constitutionality and legality of the Nebraska Compromise. Because it disadvantages Texas taxpayers, the Texas Attorney General’s Office will explore all available avenues to challenge and overturn this legally problematic provision. Our democratic system of government depends upon transparency and openness–this backroom deal goes too far and must be challenged because Texas deserves better.”

From Michigan AG Mike Cox via the Detroit News: Read the rest of this entry »

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Yeah, but is it legal?

Or even bigger, constitutional?  So the Senate passes this bill, health care bill – you’ve heard of it, that imposes the same restrictions and burdens on every state in the union.  Oh wait, no it doesn’t.  In fact, the only way this bill got passed is because the Senate leadership engaged in the oldest game in Washington.  And that’s got conservatives in the U.S. Senate, and taxpayers across the country fired up.  The Charleston Post and Courier sums it up nicely:

Lawmakers have long played this variation on the “You scratch my back, I’ll scratch yours” theme: “You change your bill the way I want, I’ll vote for it.” When practiced with prudent restraint, that tradition of legislative trading has helped advance worthy agendas via reasonable compromises.

But Sen. Ben Nelson, D-Neb., went far beyond any sense of reason — or shame — with the brazen bargain he struck to advance the Senate health care reform bill. As South Carolina Republican Sen. Lindsey Graham fairly pointed out Sunday on CNN’s “State of the Union,” the “back-room deals that amount to bribes” to pass the Senate reform bill represent “the worst of Washington.”

The back-room deal the Democratic leadership reached with Sen. Nelson late Friday night obtained his vote in the wee hours Monday morning (and a bare-minimum 60-40 party-line margin) to avert a filibuster threat against that bill.

Senator Graham’s question – and this will be the rallying cry for anyone who thinks this is a raw deal – is whether or not this bill can even past a simple constitutional muster. He doesn’t think so, and he’s asked South Carolina Attorney General Henry McMaster to use his fine legal mind to study whether or not this bill is constitutionally appropriate.

It’s really troubling that Nebraska got a $45 million break on this bill.  If a break on the tab of this bill is good enough for Nebraska it should be good enough for the rest of the country, right?  Or maybe the good people of Nebraska are better than the rest of us – yeah that’s a good application of equality right there.  Never mind the other hundreds of millions spent to get others Senators votes.  Rough deal for voters, sweet deal for the politicians.  Voters get stuck with less money in their pocket and a bigger government, and politicians get political victories (pork for the home district) to talk about in an election year.

UPDATE:

The South Carolina A.G. issued the following statement today on this matter: Read the rest of this entry »

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A Cat Fight In Virginia

Via DC Vaquero:

Team Obama got a strong backhand from Democratic legend Mudcat Sanders and they deserve every bit of it.

This is a strong tongue lashing from a guy who has been toiling in the fields of Rural Democrat politics since before most of the “administration experts” have been out of high school,  as a political hack I can relate to organizers on the D side fairly easily, the process is all the same no matter what side you are on and Mudcat is 100% right here.

This story further demonstrates the unfounded arrogance of the White House and the staff there who are attempting to run away from a guy they are appearing in commercials for, Creigh R. Deeds.  Yes, to be fair Creigh ran a very poor campaign but it was not exactly his fault.  The irony here is that if Obama was not governing so far to the left in DC, Deeds would have won the race handily.  The fault for Creigh Deeds upcoming loss in the VA governors race will rest squarely on the shoulders of Barack H. Obama and the administration and they cannot admit that even to themselves.

Oh, there’s much more to read on this one.

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