President's overreach on guns must be stopped

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Our nation and our children are safe and secure when law-abiding Americans are allowed to defend themselves without interference from politicians.
 
Not only have gun bans and anti-gun laws utterly failed to reduce crime or protect innocents, statistics prove anti-gun measures actually increase crime and lead to tragedy.
 
For example, in the 22 years prior to 1990 federal enactment of “gun-free school zones” there were two terrible mass shootings on school or university campuses.
 
In the 22 years after the gun ban there were 10.

That tragic failure has not deterred the White House from using the issue to divide Americans for political gain.
 
Rather than take measures proven to reduce gun violence, the White House Wednesday engaged in a grandstanding political attack intended to divide Americans. His executive orders and legislative proposals make us less safe from criminals and dangerous people.
 
I will urge Congress to defeat the president’s legislative proposals that violate the Constitution and make us less safe. They must not pass.
 
My office is also currently reviewing the president’s executive orders against the Constitution and existing law.
 
These executive orders may abuse executive authority by touching upon rights held by the people and usurping Congress’ constitutional authority as the only lawmaking body.
 
Among the executive orders are expanding background checks, which creates a de facto national gun registry, to the private transfer of firearms. For example, if you give a loved one your hunting rifle, you may face prison if you fail to get approval from the government.
 
Those proposals, along with others floated by the White House as presidential decrees, are cutting attacks on the right of a peaceable citizen to keep and bear arms for your personal defense.
 
The Executive Orders issued by President Obama are not intended to execute laws passed by the Congress. President Obama is abusing his authority to write his own unaccountable laws intended to influence private citizens.
 
I am prepared to assert the Constitution with peaceable legislative force.
 
- I will seek legislation overturning the executive orders.
 
- I will seek legislation barring funds to enforce the executive orders.
 
- I will seek legislation to cut White House funding should the president enforce such executive orders.
 
- I will support legal efforts to overturn the executive orders in court.
 
- I would hope those legislative and legal remedies would deter President Obama or thwart his efforts.
 
However, if they do not or are unsuccessful I will consider speaking with my colleagues and filing articles of impeachment.
 
Impeachment is not something to be taken lightly. It is a grave and serious undertaking that should only be initiated in a sober and serious manner. It should be reserved only for most egregious of trespasses by the president.
 
I would consider the president’s use of executive orders to engage in attacks on a constitutionally-protected right to be a violation his sworn oath of office. The president cannot issue executive orders depriving the people of full access to an enumerated constitutional right through petty bureaucratic harassment.
 
I do not think it will come to that. The president cannot write his own laws that impact private citizens. His actions and orders can, and should, be checked and balanced by the Congress and the courts – if the Congress is willing.
 
Additionally, I have introduced the “Safe Schools Act” to repeal so-called “gun free school zones.” The law has not only failed to protect our children, it has made them vulnerable targets and succeeded only in persecuting law-abiding citizens who accidentally travel near a school with a gun, such as the Montana honors students caught with a hunting rifle in her car. Those law-abiding citizens, not criminals, are the only ones impacted by “gun free school zones.”
 
Congress has an obligation to not only assert its constitutional authority as the only lawful rule-making body, but to overturn bad laws that place innocents in danger.
 
The purpose of government is to protect rights, such as life and liberty, from those who would trespass upon them. The president’s political attacks do not protect children. They only divide us for political gain.
 
I would encourage my colleagues to join me, and their constituents in defeating the political attacks disguised as legislative proposals, supporting H.R. 35, The Safe Schools Act, to reverse the tide of tragedy the failed 1990 law has pulled in as well.
 
I would also encourage my colleagues to join me in seeking to first overturn and defund any executive orders impacting private citizens, keeping further measures on the table for future consideration if need be.
 
Stockman is a freshman Republican from Texas.

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NOM Relies On Hackneyed Arguments In Anti-Equality Newspaper Ad

Click to see it full-size.

The National Organization for Marriage published a full-page newspaper ad this week attacking same-sex marriage in Rhode Island. Like decades of anti-gay propaganda before it, the ad relies on two familiar tropes. First, marriage equality will somehow curb “religious freedom” because people will not have free reign to discriminate against same-sex couples. Secondly, children will learn that gay people exist.

Neither of these arguments is particular convincing, but NOM believes they are calling out “The Big Lie” of marriage equality, because “people of faith will pay the price.” The new coalition to support marriage equality in Rhode Island has published a thorough fact-check of the ad. Here’s a sample:

Claim: Small businesses that oppose marriage equality will face lawsuits.Fact: A Seattle Times investigation “failed to turn up any evidence that same-sex marriage had produced a rash of suits involving businesspeople.”  The Times “also checked with human rights commissions in four of the six states where marriage is legal; the commissions said there was not an increase in discrimination findings or suits involving same sex marriage.”

Indeed, NOM’s scare tactics increasingly fall on deaf ears. Though as Jeremy Hooper suggests, the ad does provide some nice publicity for the children’s book King & King.

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Letter from the President -- LIBERTAD Act

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Our Government The Executive Branch The Legislative Branch The Judicial Branch The Constitution Federal Agencies & Commissions Elections & Voting State & Local Government Resources /* Maximize height of menu features. */if(typeof(jQuery)!='undefined')jQuery.each($('#topnav'),function(i,v){var o=$(v),oh=o.height(),sh=o.siblings().height();if(oh Home • Briefing Room • Statements & Releases   The White House

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For Immediate Release January 16, 2013 Letter from the President -- LIBERTAD Act

Dear Mr. Chairman: (Dear Madam Chairman:)

(Dear Representative:) (Dear Senator:)

Consistent with section 306(c)(2) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114) (the "Act"), I hereby determine and report to the Congress that suspension, for 6 months beyond February 1, 2013, of the right to bring an action under title III of the Act is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

Sincerely,

BARACK OBAMA

Blog posts on this issue January 17, 2013 1:45 PM ESTWatch: Four Kids Who Want President Obama to Do Something About Gun Violence

Watch Hinna, Taejah, Julia and Grant read the letters they wrote to President Obama, asking him to do something about gun violence.

January 17, 2013 1:24 PM ESTRegional Round Up: Now is the Time

Editorial pages across the country today are lauding the President’s broad approach to address curbing gun violence in our nation

January 17, 2013 11:39 AM ESTCountdown to Affordable Health Insurance

Learn more about the new Health Insurance Marketplace, which will kick in come October and mark the beginning of new health insurance and tax credits for millions of Americans.

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Presidential Memorandum -- Delegation of Certain Functions Under Section 6 of Public Law 112-150

Presidential Memorandum -- Delegation of Certain Functions Under Section 6 of Public Law 112-150 | The White House Skip to main content | Skip to footer site map The White House. President Barack Obama Get Email UpdatesContact Us Go to homepage. The White House Blog Photos & Videos Photo Galleries Video Performances Live Streams Podcasts 2012: A Year in Photos

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Issues Civil Rights It Gets Better Defense End of Iraq War Disabilities Economy Jobs Reform and Fiscal Responsibility Strengthening the Middle Class A Plan for Refinancing Support for Business Education Energy & Environment Ethics Foreign Policy Health Care Homeland Security Immigration Taxes Tax Receipt The Buffett Rule Rural Urban Policy Veterans Joining Forces Technology Seniors & Social Security Service Snapshots Creating Jobs Health Care Small Business PreK-12 Education Women Violence Prevention Americans Spoke Out

To prevent a $2K tax hike on middle-class families

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President Barack Obama Vice President Joe Biden First Lady Michelle Obama Dr. Jill Biden The Cabinet 2010 Video Reports White House Staff Chief of Staff Jack Lew Deputy Chief of Staff Nancy-Ann DeParle Deputy Chief of Staff Alyssa Mastromonaco Counselor to the President Peter Rouse Senior Advisor Valerie Jarrett Executive Office of the President Other Advisory Boards About the White House White House On the Go

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Our Government The Executive Branch The Legislative Branch The Judicial Branch The Constitution Federal Agencies & Commissions Elections & Voting State & Local Government Resources /* Maximize height of menu features. */if(typeof(jQuery)!='undefined')jQuery.each($('#topnav'),function(i,v){var o=$(v),oh=o.height(),sh=o.siblings().height();if(oh Home • Briefing Room • Presidential Actions • Presidential Memoranda   The White House

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For Immediate Release January 15, 2013 Presidential Memorandum -- Delegation of Certain Functions Under Section 6 of Public Law 112-150

MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT: Delegation of Certain Functions Under Section 6 of Public Law 112-150

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you all functions conferred upon the President by subsections (a) and (b) of section 6 of Public Law 112-150. You will exercise these functions in coordination with the Secretary of Defense.

You are authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

Blog posts on this issue January 17, 2013 1:45 PM ESTWatch: Four Kids Who Want President Obama to Do Something About Gun Violence

Watch Hinna, Taejah, Julia and Grant read the letters they wrote to President Obama, asking him to do something about gun violence.

January 17, 2013 1:24 PM ESTRegional Round Up: Now is the Time

Editorial pages across the country today are lauding the President’s broad approach to address curbing gun violence in our nation

January 17, 2013 11:39 AM ESTCountdown to Affordable Health Insurance

Learn more about the new Health Insurance Marketplace, which will kick in come October and mark the beginning of new health insurance and tax credits for millions of Americans.

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Navigating the ObamaCare Rules

By Greg Scandlen Filed under Health Insurance on January 16, 2013 with 10 comments

Okay, I admit it. I am completely baffled. Maybe one of you smart folks can help me out here.

I am reading a new Kaiser Family Foundation issue brief on “Implementing New Private Health Insurance Market Rules,” and scratching my head. Is it the summation from KFF that is the problem? The rules themselves? Or have I just grown a lot dumber in my dodderage? (I’m perfectly willing to fess up to the latter if that’s what it is.)

In either case, this doesn’t make any sense to me. Where to begin –

First, it seems the new rules effectively do away with association plans. Employers in such associations will now be subject to all the same regulations and choices as other independent employers. This is puzzling because I thought small business associations had worked to get a so-called “SHOP” provision in the law to encourage the efficiency such associations provide.

Next, while health plans are now guaranteed issue, individual coverage may be subject to an open enrollment period while employer coverage is not, and the minimum contribution and participation rules for small employers may still apply. It isn’t clear what, if any, limits will be placed on these provisions.

Carriers will have to have a single risk pool for all its individual market plans for rating purposes. So, if an insurer offers a plan that is highly efficient (say an HSA program or an HMO), the enrollees of that plan will not be allowed to benefit from their economizing behavior. This is puzzling because I thought one of the purposes of this law was to encourage cost containment. This does precisely the opposite.

Premiums will be “modified community rated,” which means no consideration of health status, gender, or occupation, but geography, age, and tobacco use are still allowed. Age rating may vary by 300%, but must be set at one-year bands from age 21 to 64 (unless a state bans age rating altogether.) This should be interesting for small employers like restaurants with very high turnover. Every month the age profile of their employees could vary substantially, and so would their premium payment. Annual budgeting for company expenses may become a thing of the past.

The tobacco adjustment gets even more interesting. The overall adjustment is limited to a factor of 1.5, but it may vary according to age. KFF writes -

…insurers could apply a lower tobacco premium surcharge for younger individuals and a higher one for older individuals. Using the example in the proposed rule, a younger smoker might pay a few dollars more each month while the older smoker could be charged hundreds of dollars more each month.

Now, the regulation does not define tobacco usage, or explain how a carrier is to find out about it.

But even more curiously, KFF comments that lower-income people are more likely to use tobacco, but the law says that, “people who would have to pay more than 8 percent of family income for coverage are excused from the requirement to have health insurance because the cost is deemed unaffordable.” It doesn’t explain 8% of what? Gross income? Net income? AGI? But 8% of $100,000 is only $8,000. Good luck finding a family policy for $8,000 under this law.

Plus, deductibles may not exceed $2,000 per individual and total out-of-pocket for in-network services is limited to $6,500 for an individual and $13,000 for a family, after which the plan must cover expenses at 100%.

But the real puzzlement kicks in in the discussion of “essential health benefits (EHBs).”

The law lays out 10 categories of services that must be covered –

Ambulatory patient servicesEmergency servicesHospitalizationMaternity and newborn careMental health and substance use disorder services including behavioral health treatmentPrescription drugsRehabilitative and habilitative services and devicesPreventive and wellness services and chronic disease managementPediatric services, including vision and dental care

Never mind that individual (nongroup) coverage doesn’t typically cover some of these things today (such as Rx, dental, and maternity), so such an expansion will substantially raise costs. That isn’t a puzzle.

More enigmatic is how these things will be defined within these categories. The regulations require each state to identify a “benchmark” plan from its existing private health plans. KFF writes –

Once the benchmark is established, issuers in a state must offer benefits that are substantially equal to the EHB benchmark plan. However, issuers have some flexibility to modify the EHB benchmark plan benefits. Under the proposed rule, within a category of EHB, issuers could substitute benefits or sets of benefits that are actuarially equivalent to those being replaced. Issuers that make such substitutions would be required to submit evidence of actuarial equivalence to the substituted benefits, to the state.

Separate rules apply to coverage for prescription drugs. For each therapeutic category or class of prescription drugs (for example, as defined by the United States Pharmacopeia or USP), health plans must cover the greater of one drug per class or category, or the same number of drugs per class or category as covered by the benchmark plan. Drugs in a class or category must be therapeutically distinct (for example, different doses of the same drug are counted as one drug, as are brand drugs and their generic equivalents.)

Okay, got it? Well, not so fast. KFF continues –

Some areas of ambiguity remain regarding how essential benefit rules will work in practice. For example, the proposed rule does not specify how services in the benchmark plan should be assigned to categories, within which insurers can modify and substitute benefits on an actuarially equivalent basis. Certain categories ? such as “maternity and newborn care” ? are quite specific and self- explanatory. However, others ? such as ambulatory care ? are broad and not well defined, leaving questions about which services are included. For instance, would home health or durable medical equipment best be categorized as ambulatory services or rehabilitative services? What category would apply to organ transplants? Also, some plans today cover expensive injectable drugs (such as chemotherapy drugs) as a medical service, not under their drug benefit.

But the fun is just beginning. KFF goes on to explain, “plans must not design covered benefits in ways that discriminate against individuals based on age, health status or related factors.”

Hoo, boy! That opens up a whole lot of work for the trial bar. Any denial of anything could be seen as discriminatory.

Okay, I don’t want to belabor this. What we’ve written so far is just the beginning. We never even got to the section on “Wellness Benefits.” (Speaking of discriminatory ? spending money on health club memberships sounds like it is discriminating against people who are too feeble to make use of a gym.)

There is a more immediate observation I want to make.

What about Medicare?

All of these rules (and many more) apply to private health insurance. None of them, not one, apply to the government’s own program ? Medicare.

Medicare doesn’t cover dental and vision.Medicare doesn’t have limits on out-of-pocket spending.Medicare doesn’t limit its deductible to $2,000.Medicare doesn’t vary premiums based on age and tobacco use.Medicare has higher premiums for people who delay enrolling.

I find it more than a little curious that all the rules the federal government has established for the private sector do not apply to the federal government’s own favorite program.

Welcome to the world of Animal Farm, where the pigs are a little more equal than the rest of us.

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Notice -- Continuation of the National Emergency with Respect to Terrorists Who Threaten to Disrupt the Middle East Peace Process

The White House

Office of the Press Secretary

NOTICE

- - - - - - -

CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO
TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS

On January 23, 1995, by Executive Order 12947, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by grave acts of violence committed by foreign terrorists who threaten to disrupt the Middle East peace process. On August 20, 1998, by Executive Order 13099, the President modified the Annex to Executive Order 12947 to identify four additional persons who threaten to disrupt the Middle East peace process. On February 16, 2005, by Executive Order 13372, the President clarified the steps taken in Executive Order 12947.

Because these terrorist activities continue to threaten the Middle East peace process and to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency declared on January 23, 1995, and the measures adopted to deal with that emergency must continue in effect beyond January 23, 2013. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to foreign terrorists who threaten to disrupt the Middle East peace process.

This notice shall be published in the Federal Register and transmitted to the Congress.

BARACK OBAMA

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