ObamaCare: How can states ‘lose’ what they never had?

So, your boss promises to give you a raise next year, prompting you to make plans for how to spend that windfall. In the meantime, that boss is fired and replaced with a new boss, who nixes the raise. That means you “lost” money, right?

That’s how it works in Washington-speak.

According to Modern Healthcare, “Two nonpartisan analyses of the Graham-Cassidy bill show that many states represented by Republican senators would lose billions of dollars in federal healthcare funding through 2026 and far larger amounts after that.”

The morning paper says Nevada would lose $2 billion from 2020 to 2026.

Nevada Republican Gov. Brian Sandoval was one of 10 governors signing a letter opposing Graham-Cassidy, while Nevada Republican Sen. Dean Heller is a sponsor of the bill.

According to The Wall Street Journal, Graham-Cassidy would address the huge inequities in ObamaCare Medicaid funding between the states.

“According to the proposal’s authors, Washington in 2016 sent states anywhere from about $400 (Mississippi) to over $10,000 (Massachusetts) per beneficiary whose annual income was between 50% and 138% of the federal poverty level,” the paper reports. “In contrast, the size of the Graham-Cassidy block grant would not depend on whether a state chose to expand its Medicaid program. Thus, it would equalize the base per-person amount the federal government gives states. In 2026 it would be about $4,400 for each qualified beneficiary. The bill then adjusts these payments to compensate for factors such as demographic differences and various levels of illness among the states.”

So, some states will lose all ill-gotten windfall from ObamaCare.

Sen. Bill Cassidy at a health-care news conference in Washington earlier this month. (Getty Images via WSJ)

Advertisements

Zinke recommendation to reduce Gold Butte Monument size met with usual blather

Interior Secretary Ryan Zinke’s memo to President Trump recommending an unspecified reduction in size of several recently created national monuments — including the 300,000-acre Gold Butte National Monument in Clark County — has sent the usual suspects into apoplexy.

Democrat Rep. Ruben Kihuen, whose district includes Gold Butte, screeched, “The latest leaks from this administration show that once again Secretary Zinke is ignoring the will of Nevadans by recommending that the size of Gold Butte National Monument be reduced. This decision will not only be detrimental to Nevada’s economy and shared cultural heritage, but it is further proof that the monument review process has been rigged from the start. Secretary Zinke promised that Nevadans’ voices would be heard. Instead, we got half-hearted attempts to meet with stakeholders and secret memos cooked up behind closed doors, all when the outcome was predetermined from the beginning. When it comes to altering our monuments and impacting our livelihood, Nevadans deserve more than unofficial leaks and uncorroborated reports. Secretary Zinke should look Nevadans in the eye and give it to us straight, rather than hide behind the administration’s continued shroud of secrecy.”

Secretary Ryan Zinke talks to media in Bunkerville during a visit to Gold Butte. (R-J pix)

Actually, the residents of Mesquite welcome the reduction, especially if the free land assures the town it will have access to springs in the region that will be needed to supply the growing community with drinking water in the future.

Zinke’s memo specifically noted that the water district has historic water rights to six springs and five of those are within the Obama-designated national monument boundaries.

Democrat Rep. Dina Titus weighed in by proclaiming, “Secretary Zinke leaked a memo in the middle of the night because he knows his plan to hack away at monuments like Gold Butte is an overreach opposed by the majority of Americans. Gold Butte’s opponents have created a straw man argument about water rights without mentioning that the monument’s proclamation includes language to protect them. Now we must recommit our effort to protect these precious public lands in the courts and send a strong message to Zinke and Trump to keep their hands off our monuments.”

Democrat Rep. Jacky Rosen claimed, “No President has unilateral power to revoke a national monument under the Antiquities Act and any decision to redefine protections for Nevada’s national monuments is a blatant overreach. This rash decision by the Trump Administration will not only endanger Nevada’s natural beauty and chip away at our cultural heritage, but it will also hurt our state’s outdoor recreation economy by eliminating jobs that have contributed significantly to our local tourism industry. I’ll continue to stand up to this administration, in every way I can, to protect Nevada’s public lands.”

Democrat Sen. Catherine Cortez Masto in the past has opposed reducing the footprint of any national monument.

But Republican Sen. Dean Heller and Rep. Mark Amodei had opposed the designation of Gold Butte and the 700,000-acre Basin and Range National Monument in Nye and Lincoln counties. Zike’s memo makes no mention of Basin and Range.

Heller said, “As a strong proponent of states’ rights, the Obama Administration’s decision to bypass Congress and designate two national monuments in Nevada despite widespread disagreement at the local level is an example of extreme overreach and the failed Washington-knows-best mentality. That is why I welcomed Secretary Zinke to Nevada to see first-hand the impact of monuments designated under the Antiquities Act with no local input. After talking to and meeting with the Secretary several times, I am pleased that he has taken my recommendation to ask the President to modify Gold Butte’s boundaries to allow the Virgin Valley Water District to access its water rights that were lost under the previous Administration. These actions recommended by me and Secretary Zinke prioritize local concerns over the opinion of Washington bureaucrats, and I hope that President Trump will agree with the Secretary.”

Frankly, the designations as national monuments did little more than create paperwork, because the all the land was under the jurisdiction of various federal land agencies, primarily the Bureau of Land Management. The monument designation does nothing to add actual protection for the few petroglyphs and other artifacts that are located on the sites.

Zinke noted this lack of protection and wrote that his agency “should work with Congress to secure funding for adequate infrastructure and management needs to protect objects effectively” in Gold Butte.

As we have already noted, these monuments need not be so large.

The Antiquities Act of 1906 was passed in order to protect prehistoric and Indian ruins and artifacts on federal land in the West and the law limits such designations to “the smallest area compatible with proper care and management of the objects.” While earlier monuments averaged 422 acres, several of Obama’s designations exceeded a million acres.

The Gold Butte portion of the Zinke memo:

Editorial: A day worthy of celebrating: Constitution Day

This Sunday, Sept. 17, marks the anniversary of one of the most propitious days in the history of this country. On that day in 1787, the representatives at the Constitutional Convention in Philadelphia signed the Constitution. It was ratified by the states and went into effect on March 4, 1789.

You remember the Constitution don’t you?

That’s the document that says the president “shall take Care that the Laws be faithfully executed …” Not waive, delay or ignore parts of laws the president doesn’t like, such as immigration laws, which the Constitution says: “The Congress shall have Power To … establish an uniform Rule of Naturalization …”

The Constitution also says, “All Bills for raising Revenue shall originate in the House of Representatives …”

But when it came to ObamaCare, which is replete with a panoply of revenue generating taxes to offset its expenses, the Senate grabbed an unrelated bill that had passed the House, cut the existing language and substituted the ObamaCare verbiage. The bill number was the only thing that originated in the House.

Yes, it’s those four-handwritten pages that give Congress the power “To regulate Commerce with foreign Nations, and among the several States …” Not to force people to engage in commerce by buying health insurance or pay a fine or a tax for not doing so.

That Commerce Clause also has been stretched to prohibit a farmer from growing grain to feed his own cattle because that affected demand for grain on the interstate market. The same rationale allows Congress to set minimum wages for jobs that have nothing to do with interstate commerce.

It also gave Congress the power to “declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” Some wars get declared, while others are just military exercises.

The instrument also says the “President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” Not decide for himself when the Senate is in session. At least the judiciary slapped Obama’s wrist on that one.

During ratification the Founders added the Bill of Rights, including the First Amendment that says Congress “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …” That probably means Congress can’t order a religion to pay for contraceptions, abortifacients and sterilization against its beliefs.

We’re pretty sure the document did not envision a president’s administration creating by regulation laws the Congress refused to pass — think immigration enforcement and rules promulgated by the EPA, FEC, HHS, HUD or USDA without the consent of Congress.

Another clause gives Congress the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States …” though the foregoing powers and powers vested by the Constitution part is largely ignored.

The Constitution also gave Congress the power “To exercise exclusive Legislation in all Cases whatsoever … to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings …” And just when did Congress purchase and the state Legislature consent to turning over 85 percent of Nevada’s land mass to the federal government?

As James Madison said, “I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations …”

Happy Constitution Day, while it lasts.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Newspaper column: Learn from the mistakes of the past, not erase them

Wheeler Peak (right) and Jeff Davis Peak (left)

This paroxysm of efforts to eradicate all monuments and place names that memorialize historic leaders of the Confederacy serves as merely a distraction from real problems, wasting time and money that could be devoted to worthy endeavors.

The latest target of this futile campaign appears to be the name of Jeff Davis Peak in Great Basin National Park.

According to the park’s website, the monicker was first attached to what is now Wheeler Peak, the tallest point in the park and the second tallest in Nevada. It was given that name by Lt. Col. Edward Steptoe of U.S. Army Corps of Topographical Engineers in 1855 while Jefferson Davis served as secretary of the War Department, a half dozen years before the Civil War began.

After the Civil War, during which Davis served as president of the Confederacy, an Army mapping expedition headed by Lt. George Montague Wheeler, named the peak for Wheeler and the Jeff Davis tag was shifted to a shorter nearby peak.

In May the Reno newspaper reported that, even though statues of Confederate leaders were being torn down in New Orleans, there was no clamor to erase the Davis name from the 12,771-foot peak. The penultimate paragraph of the account stated, “By today’s standards Jeff Davis is an unlikely choice that appears out of step with contemporary naming practices. But modern standards don’t undo prior names which means, for the foreseeable future, the name of a Confederate president will maintain a place of honor in Nevada.”

Actually, such a mountain top name change took place a couple of years ago. After bearing the name of President William McKinley for 98 years, the tallest peak in North America in Alaska was renamed to its original native American name Denali, which means “the great one” in Athabascan. The White House said the name change “recognizes the sacred status of Denali to generations of Alaska Natives.”

Earlier this month, the Las Vegas newspaper reported that there are now a couple of bids to remove the Davis name. It said two applications have been filed with the state and national naming boards to eradicate the Davis name and replace it with some other name.

The paper reported that one application called for renaming the peak for Las Vegas civil rights leader James McMillan or one of the Shoshone names for the peak. Another called for naming the peak for Robert Smalls, an escaped slave who fought for the Union.

This month’s meeting agenda for the Nevada State Board on Geographic Names lists an action item in which a peak in White Pine County could be named Smalls Peak. There is no mention as to what it is currently called, if anything.

According to Dennis Cassinelli in a recent newspaper column, political correctness has been whitewashing Nevada geographical names for years. Colorful names like Chicken Shit Springs and Squaw Tit Butte have disappeared from maps simply at the whim of squeamish government mapmakers.

Now squeamishness is being extended to those who fought for the Confederacy.

Yes, Davis was a slave owner who sought to continue what was euphemistically called “our peculiar institution” in the South.

But in the waning years of his life Davis was an advocate for reunifying the nation, saying in a speech in 1888: “I feel no regret that I stand before you this afternoon a man without a country, for my ambition lies buried in the grave of the Confederacy. There has been consigned not only my ambition, but the dogmas upon which that Government was based. The faces I see before me are those of young men; had I not known this I would not have appeared before you. Men in whose hands the destinies of the South land lie, for love of her I break my silence, to let it bury its dead, its hopes and aspirations; before you lies the future — a future full of golden promise; a future of expanding national glory, before which all of the world shall stand amazed. Let me beseech you to lay aside all rancor, all bitter sectional feeling, and to make your places in the ranks of those who will bring about a consummation devoutly to be wished — a reunited country.”

What’s in a name? History is not changed, just forgotten, perhaps along with the lessons that should’ve been learned? We could use more unifying and less dividing.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper editorial calls for getting Yucca Mountain back on track

Another call for licensing of Yucca Mountain has been made.

Today an editorial in the Albuquerque Journal points out the federal government’s only underground nuclear waste repository — New Mexico’s Waste Isolation Pilot Plant near Carlsbad — is filling up quickly while Yucca Mountain remains mothballed.

The newspaper’s editorial board posits that WIPP can be expanded and such expansion is welcomed by the community for economic development — so long as it can be done safely.

“But WIPP is not a permanent solution for all the nation’s nuclear waste because there are still 70,000 metric tons being stored throughout the U.S., above ground and adjacent to rivers or on top of water tables, with more being created,” the board notes.

Now that Obama and Harry Reid have left office, the newspaper suggests that now is the time to put Yucca Mountain back on track.

“New Mexico has done, and will continue doing, its part to safely dispose of the nation’s nuclear waste. Nevada, which has also benefitted from the nation’s nuclear programs as well as $15 billion-plus in nuclear investment, should do the same,” the editorial concludes.

WIPP is filling up fast. (Photo from WIPP via Albuquerque Journal)

SANE — Stop Acronym Nurturing Everywhere

I may have grown up in the Age of Aquarius, but I’m growing old in the Age of the Acronym. — Pointer Institute writing coach Roy Peter Clark

Is their someone in Congress whose sole job is to create backronyms for legislation? You know a supposedly “clever” acronym derived from the intent of a bill.

Today’s contorted example is delivered via the morning paper’s editorial rightly chiding the author of a congressional bill intended to curb so-called hate speech on college campuses.

A Maryland congressman has introduced a bill called Creating Accountability Measures Protecting University Students Historically Abused, Threatened and Exposed to Crimes Act — CAMPUS HATE Crimes Act.

The editorial explains that the bill would require colleges to clearly define “what is acceptable speech and what is not acceptable speech” on campuses. It would provide grants carry out this First Amendment shredding deed and deny federal aid to those schools that fail to comply with law.

While the proposal deserves derision for its appalling intent, it should be hooted out of the halls of Congress for the retched act of acronym abuse — a practice that in recent years has become epidemic.

One current example being bandied about is the DREAM Act, which short for Development, Relief, and Education for Alien Minors Act.

A classic example of pandering by mislabeling is the USA PATRIOT Act — Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, which unpatriotically trampled the Fourth Amendment.

Then there is the DISCLOSE Act that would overturn the Citizens United Supreme Court ruling that held corporations and unions have speech rights. That stands for Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act.

Nevada and other states also have laws on the books with appropriate acronyms, such as the Anti-SLAPP Act — Strategic Lawsuit Against Public Participation, which tries to curb lawsuits meant to shut up opponents through costly litigation.

The Washington Post a couple of years ago created a compendium of twisted acronyms for legislation, almost one for every day of the year.

Examples:

SWEET Act – Sugar-Sweetened Beverages Tax Act

FOCUS Act – Fighting Occupied Cell Use So Everyone Drives More Safely Act

FAIR TOW Act – Fair Action for Interstate Recovery Vehicles on Truck Operating Weights Act

SMOKE Act – Stop Selling and Marketing to Our Kids E-Cigarettes Act

TALENT Act – To Aid Gifted and High-Ability Learners by Empowering the Nation’s Teachers Act

IRRIGATE Act – Irrigation Rehabilitation and Renovation for Indian Tribal Governments and Their Economies Act

PREPARE Act – Preparedness and Risk Management for Extreme Weather Patterns Assuring Resilience and Effectiveness Act

GROW AMERICA Act – Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act

REINS Act – Regulations from the Executive in Need of Scrutiny Act

DRONES Act – Designating Requirements On Notification of Executive-ordered Strikes Act

ROADS SAFE Act – Research of Alcohol Detection Systems for Stopping Alcohol-Related Fatalities Everywhere Act

BRIDGE Act – Building and Renewing Infrastructure for Development and Growth in Employment Act

BALTIMORE Act – Building and Lifting Trust In order to Multiply Opportunities and Racial Equality Act — from a another Maryland congressman, of course.

SOFTWARE Act – Sensible Oversight for Technology which Advances Regulatory Efficiency Act

GIRLS STEM Act – Getting Involved in Researching, Learning, and Studying of Science, Technology, Engineering, and Mathematics Act

SPEAK FREE Act – Securing Participation, Engagement, and Knowledge Freedom by Reducing Egregious Efforts Act — sound like the opposite of the aforementioned bill.

EGO Act – Eliminating Government-funded Oil-painting Act

Perhaps someone should introduce the END ACRONYM Act — End Needless Derivative Appellations for Contorted Regulations Offering Name-Yielding Memes Act.