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June 2015

Posted by Amy Miller on June 27, 2015 17 Comments
This week's SCOTUS opinions have sent American political discourse through all areas of policy, off the pavement, and into the weeds. What's next in the fight to repeal Obamacare? Does the gay marriage ruling mean that my pastor will have to perform same sex ceremonies? They're good questions (and fair questions), and we're right to float them. Gay marriage dominated the end of the week, but the Obamacare debate is still at the forefront of discussion; namely, how we can expect to dismantle this monster of a health care law given this week's latest Supreme wrinkle? Jeb Bush has an idea---and it may put him at odds with other members of the Republican Party. Bush appeared on Hugh Hewitt's radio show this week and fielded a controversial question: if elected President, would he support using the "nuclear option" to eliminate the filibuster if it meant the end of Obamacare? At first, Bush seemed to want to focus on a policy solution that could unite Republicans, but when pressed, said he would consider using the controversial tactic. Via Bloomberg:
Hewitt pressed Bush, pointing out that Republicans are unlikely to get 60 Senate to defeat a filibuster if Democrats stick together and block efforts to repeal Obamacare, as they have done for years. "At that point," Hewitt said, "would you at least be open to making the argument that on this issue, before it gets its tentacles too deep, that we break the filibuster and ram through a repeal and replacement?"

Posted by Kemberlee Kaye on June 27, 2015 6 Comments
We might have a new contender for Worst Campaign Video of the Season... thus far. Set to Stacy's Mom by Fountains of Wayne, an unfortunately catchy ditty from 2003, Chelsea's Mom appears to be pro-Hillary campaign tune. This string rendition begins with four dudes sitting in a campaign office singing "Chelsea's Mom has got it going on" into their phones. It's all downhill from there. "Chelsea do you remember back in ninety-three-e-e-e-e? Your Mom was quite the First Lady, I think you'd agree-e-e-e. She and Bill lead the nation what a wonderful pai-ai-ai-air." I wish I was joking.

Posted by Amy Miller on June 26, 2015 7 Comments
Early this morning, we reported on the brutal terror attacks near Lyon, France that left one person decapitated and at least two others wounded. An ISIS flag was spotted over the scene of the attack---but the extremists didn't stop there. Terrorists went on a three continent killing spree today, also attacking sites in Tunisia and Kuwait. Popular Tunisian coastal town Sousse was soaked in blood earlier today after terrorists opened fire on a beach. 37 were killed and 36 injured, some of them tourists. Meanwhile in Kuwait, 25 people are dead and 200 are injured after a mosque bombing:
ISIS claimed responsibility for what it called a suicide bombing at the Shiite-affiliated Al-Sadiq mosque. The group put the number of dead and injured in the dozens. Cell phone video posted to social media and apparently shot at the mosque showed worshippers walking and stumbling through a dust- and rubble-filled interior, many with their white robes splattered in what appeared to be blood.

Posted by Kemberlee Kaye on June 26, 2015 14 Comments
According to a breaking news report from the Associated Press, New York prison escapee, Richard Matt, was shot and killed by police. The manhunt has been underway for close to three weeks. The other escapee, David Sweat, is still at large and being pursued by law enforcement.

Posted by Kemberlee Kaye on June 26, 2015 11 Comments
Revelations of the Office of Personnel Management's (OPM) massive data breach seems to get worse by the day. Thursday we discussed that per the FBI, the number of people who's personal data was compromised is upwards of 18 million. OPM's estimates were around 4 million. In a hearing Thursday, it was revealed that OPM Director Katherine Archuleta hadn't bothered to speak with the FBI about their numeric discrepancy. Archuleta was also unwilling to answer whether or not prescription and other sensitive health-related data was accessed by hackers. The White House has also been implicated in this bottomless pit of fail. Wednesday it was disclosed the White House intentionally hid the extent of the OPM hack. Friday, Fox News reported that according to a senior U.S. official, the data breach included access to "adjudication information;" information used to determine security clearances.
...The Daily Beast, citing a senior U.S. official, reported that the hackers, believed to be based in China, gained access to so-called "adjudication information," sensitive facts compiled by U.S. investigators about government employees and contractors who apply for a security clearance. The "adjudication information" goes beyond what is required of employees filling out a routine clearance questionnaire, known as Standard Form (SF) 86. The Obama administration admitted earlier this month that information in those forms had been compromised by the hackers. If the theft of "adjudication information" is confirmed, whoever carried out the hack would have access to a list of federal employees and contractors who are likely targets for blackmail or engagement in espionage against the United States.

Posted by Jay Caruso on June 26, 2015 8 Comments
Polling is to politics as statistics are to baseball. Everybody is always looking at them, analyzing them, doing deep dives into the data and ultimately coming up with some way to determine if the numbers they see are a good predictor of future events. In baseball, you have a better chance than in politics. In politics, particularly early on in the process, you're just as likely to predict who can win a race by throwing darts just as much as you can the polls. For example, Donald Trump has gained on Jeb Bush in a matchup for the New Hampshire primary:
Jeb Bush narrowly leads the field in the state set to host the first primary of the 2016 presidential campaign, but Donald Trump's gains in the state suggest the billionaire businessman is establishing a following in New Hampshire.

The new CNN/WMUR New Hampshire Primary poll finds Trump at 11%, just behind Bush at 16% in a wide open contest for the Republican nomination for president. Bush and Trump are followed by Rand Paul at 9%, Scott Walker at 8%, and Carly Fiorina and Marco Rubio both at 6%. Ben Carson and Chris Christie each have 5% support.

As the low numbers at the top of the pack indicate, the field is far from settled. Twenty-one percent say they don't know which of the 19 candidates tested in the poll they'd support, and overall, 75% say they're not committed to any candidate.

Posted by Mike LaChance on June 26, 2015 17 Comments
After the Charleston shootings, there was a renewed push by President Obama for restricting access for law-abiding citizens to guns. Scott Walker wasn't having any of it. He signed into law a loosening of waiting periods that have been on the books for decades. From FOX News:
Wisconsin Gov. Walker ends decades-old waiting period for handguns Wisconsin Gov. Scott Walker signed two bills loosening his state's gun laws on Wednesday, including one ending the state's 48-hour waiting period for handgun purchases. The timing of the bill signing comes amid a renewed debate over gun control and race relations after the fatal shootings at a Charleston, S.C., black church on June 17; a white man faces multiple murder charges. But the measures on Walker's desk predated the massacre and passed earlier this month in the GOP-majority Legislature with bipartisan support. The second measure would allow off-duty, retired and out-of-state police officers to carry firearms on school grounds.
CNN covered the topic too, and to their credit, they were fair:

Posted by Amy Miller on June 26, 2015 135 Comments
Today's ruling in the Obergefell same-sex marriage case sent shockwaves rolling across the nation. Fox News correspondent Shannon Bream read the decision on the air as the crowd outside the Court cheered: The scene outside the Supreme Court right now is kind of a circus:

Posted by William A. Jacobson on June 26, 2015 16 Comments
The details are just coming in, but there has been a terror attack at a gas factory near Lyon, France. At least one, possibly two, attackers beheaded a man and posted his head on a fence, and tried (unsuccessfully) to blow up the factory. We will update as more details are confirmed. CBS News reports:
One person was found decapitated and two others injured Friday after an assailant -- with a possible accomplice -- drove a vehicle onto an industrial complex near the eastern city of Lyon and tried to blow up a gas factory. "The intent was without doubt to cause an explosion. It was a terrorist attack," President Francois Hollande said at a news conference in Belgium. The attack targeted a chemical factory in the town of Saint-Quentin-Fallavier, about 20 miles southeast of Lyon. The plant is owned by the U.S. firm Air Products. The slain victim's head was found yards away from the body, stuck on a permiter fence, with Arabic writing on or near it. There were also flags or banners bearing Arabic writing found at the scene.

Posted by New Neo on June 25, 2015 37 Comments
A dissent has no power except the power of its words and its logic. So Justice Scalia's dissent in King v. Burwell (joined by Alito and Thomas) is satisfying only in the rhetorical and intellectual sense. But it is so good that I'm highlighting it again anyway. Here are some excerpts:
[T]he plain, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, hidden sense that nothing but the exigency of a hard case and the ingenuity and study of an acute and powerful intellect would discover.” Lynch v. Alworth-Stephens Co., 267 U. S. 364, 370 (1925)...Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved... ...The somersaults of statutory interpretation [this Court has] performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.

Posted by Mike LaChance on June 25, 2015 13 Comments
The senate passed the Trade Promotion Authority bill yesterday but it did so without Ted Cruz who supported an earlier version of the bill. Janet Hook of the Wall Street Journal:
Ted Cruz Flips on Trade Bill on Eve of Key Senate Vote Sen. Ted Cruz, a free-trade advocate who had supported legislation to expedite trade agreements, on Tuesday flipped his position and announced on the eve of a crucial Senate vote that he was prepared to vote against a new version of the bill, demanding that GOP leaders assure him that they had made no “secret deal” to keep the controversial Export-Import Bank alive. “As a general matter, I agree (as did Ronald Reagan) that free trade is good for America; when we open up foreign markets, it helps American farmers, ranchers, and manufacturers,” Mr. Cruz said, announcing his switch in an op-ed for Breitbart News, a conservative website that has been a vigorous critic of the Trade Protection Authority (TPA) bill known as “fast track.” “But TPA in this Congress has become enmeshed in corrupt Washington backroom deal-making, along with serious concerns that it would open up the potential for sweeping changes in our laws that trade agreements typically do not include.”
Cruz was a guest on Special Report with Bret Baier last night and although questions from the panel included a wide array of topics, Cruz's switch on TPA was the very first one.

Posted by Kemberlee Kaye on June 25, 2015 11 Comments
Only in Washington D.C. would someone like Office of Personnel Management (OPM) Director Katherine Archuleta still have a job. In a hearing Thursday, Archueleta was questioned by an annoyed Sen. McCain over the agency's massive data breach, now believed to be much worse than originally reported. Fox News reported Thursday that the White House intentionally hid the extent of the OPM hack:
The Obama administration reportedly concealed the true amount of information compromised by a cyberattack on the federal Office of Personnel Management (OPM) for several days after the initial disclosure of the hack, according to a published report. The Wall Street Journal reported Wednesday that the day after the White House admitted that hackers had breached personnel files, OPM publicly denied that the security clearance forms had been compromised despite receiving information to the contrary from the FBI. The administration did not say that security clearance forms had likely been accessed by the intruders until more than a week had passed. A OPM spokeswoman denied the claims, telling the Journal the agency had been "completely consistent" in its reporting of the data breach.
Thursday, Senator McCain grilled Archuleta, attempting to get solid answer about the scope of the OPM data breach. Aruchuelta had few answers and often deferred to colleagues in other federal agencies. On the Sony hacking by China, Archuleta had no answer. On the issue of prescription and other health related data breaches, Archuleta also had no answer. It's almost like there's a theme here...
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