Look! Up In The Sky! It’s Sotomayor!
Liberals are gushing over, and President Obama is praising endlessly, Sonia Sotomayor. Repeatedly we are being barraged by the left with the personal story of one who could possibly be the first Hispanic woman on the Supreme Court. While such tales are always compelling, what is rather annoying is how any time you want to move beyond that superficial and sugary coating to examine her record the left quickly jumps right back to it. In an attempt to keep your attention away from a debate about who should be sitting on the highest court in the nation, people who do not want to examine anything of substance shout, “Look! Up In the sky!” Then they regale you with tales about how Sotomayor can stop a speeding bullet and leap tall buildings in a single bound.
President Obama claims that Sotomayor is smart. He even claims that she believes in the Constitution. But when one stops following his pointed finger into the sky where his nominee supposedly soars, we see that there is a plethora of evidence on the ground that contradicts the rhetoric. And for Sotomayor, that evidence littering the ground is damning and destroys any credibility those that call her smart and a defender of the Constitution may have.
There is one case in particular that sums this point up so succinctly and makes it impossible to ignore that Sonia Sotomayor is neither smart nor a believer in our Constitution. That case is Maloney vs. Cuomo in which Sotomayor signed onto an opinion that flies so far in the face of the facts that she should not be elected bubblegum sidewalk scraper much less nominated to the Supreme Court.
The case involved one James Maloney who was trying to assert his second amendment right to keep and bear arms but had been arrested for carrying a pair of nunchucks. The opinion with which Sotomayor agreed stated that the arrest was warranted because, now get this, the second amendment, “is a limitation only upon the power of Congress and the national government and not upon that of the state.”
Sotomayor did in this decision what liberals always do. She looked for something that she might be able to use to support her opinion and disregarded anything that actually contradicted it. Things like, oh I don’t know, say the 14th Amendment? You know that one don’t you? It says that, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” which makes it clear that the states must, absolutely must, protect the same rights as the Constitution itself protects.
Sotomayor’s opinion does lead to some interesting potential conundrums however. If the second amendment only applies to the federal government as she suggests then what about other rights retained by the people and specifically called out in our Constitution?
Can the states now infringe upon my freedom of religion? How about my freedom of speech? What about my right to petition from redress? After all, unlike the second amendment, the first amendment specifically states that it is Congress that shall make no law regarding such.
Can the states now decide that they do not need a warrant to search my home even though the Constitution forbids such actions? Or can the states now decide to deprive me of a right to due process and a right to jury trial? What about these Constitutional protections written in a similar manner to the second amendment that Sonia Sotomayor believes stops at federal authority only?
Can I now be subjected to cruel and unusual punishment at the whim of the state? Can blacks now be placed back in shackles and shipped off to the plantations again simply for being black? After all, if what is written in the federal constitution only applies to the federal government what is to stop the states from doing any of these things?
Is my right to assemble in jeopardy now because my state legislature might decide that such is not a good idea? Can the state now quarter soldiers in my home without my permission? Can my papers and effects now be seized on the whim of the state alone?
Where does the lunacy of this opinion which Sotomayor agreed with end?
Of course the 14th Amendment renders all of these questions of mine moot. But Sotomayor either never read far enough into the Constitution to find it or is so wedded to ideology that she chose to ignore it. Can we afford to place someone who is obviously a wifty illiterate or dangerous ignoramus at best and a treacherous anti-American radical at worst to a court where such opinions of hers would become the norm and perhaps even the law? Will Americans stop looking to the sky for a super woman that does not exist long enough to ask serious questions and soundly reject her?
The Winners and Losers in the Indian Debate of the India-us Nuclear Agreement
The India-US Nuclear agreement (123) debate is furious in India. The coaltion government led by Congress party, and the Prime Minister Manmohan Singh are finally determined to have a go at the nuclear agreement. The communist parties with about 60 parliamentary (Lok Sabha) members are about to withdraw their support to the coalition government but the Samajwadi Party led by Mulayam Singh with about 39 parliament members are all set to support the government.
There is ferocious finger-pointing and heated rhetoric in the Indian debate. Without considering the substance or merit of the agreement, I rate as follows the winners and losers of this debate. I rate on a 1-10 scale, 1 being a perfect loser, 10 being a perfect winner and 5 being no-loss and no-gain.
(1) Congress Party: I give a 5. By pushing aggressively for the consummation of the 123 agreement, the Congress party reinforces its standing as a national party which protects and furthers the country’s interests above its own party interests. But the near-collapse of the political alignments for (governance) now and for the forthcoming elections, and the great uncertainty about the final approval of the agreement by the U.S. Congress in good time, and the eventuality that even if the agreement is consummated the United States invokes the Hyde Amendment are too many potential negatives that it make it a 5 for the Congress party.
(2) Mrs. Sonia Gandhi: I give a 5 for the same reasons. The political downsides are too many. But I do laud her ability to put the national interest above the partisan interest.
(3) Prime Minister Manmohan Singh: I give him an 8. Even if the Congress party and its allies were to form the next government after the parliamentary elections, it is most likely that Manmohan Singh will be nominated/elected to be the Prime Minister again. Manmohan Singh is, most likely, concluding his serendipitous political life — first as much hailed reformist Finance Minister and now as the Prime Minister. Given these facts, how can there be a more lasting and memorable legacy than the consummation of this extra-ordinary nuclear agreement?
(4) The political allies of the Congress party: I give them a 5. What are their choices — be with the Congress party or with the other political party — BJP.
(5) Bharatiya Janata Party: I give an 8. The Congress party and its political allies won the 2004 parliamentary elections simply because their collection of parties was larger than that of the Bharatiya Janata Party and its allies. Take, for example, the state of Maharashtra. The coalition Congress party, the National Congress party led by Sharad Pawar and the Communist parties clearly outdid the combine of Bharatiya Janata Party and Shiv Sena. And so went the story in state after state.
But now the opposition to BJP and its political friends is now fragmented — most states are likely to witness a triangular contest with Congress and its friends as one contestant, the BJP and its friends as the other contestant, and the Communist parties and other small regional groupings as the third contestant. In such a fragmented contest, BJP is likely to benefit very substantially.
Add to this, the opportunity to woo the Muslim voters who are deeply suspicious of the United States — not unlike the Muslims all over the world after 9/11.
(6) Lal Krishna Advani: I give him a 9. For a man who is 80 years old and who is not seen as a statesman, and who was almost cast away by his own party after his favorable remarks about Jinnah in 2005, there is a remarkable turn-around in fortunes.
N.C. creates own health insurance plan for high-risk patients : ROB C
Chad asked:
When Cary Hicks lost his group health insurance earlier this year, he was floored by how much an individual policy could cost him because he is a diabetic.
“I was looking for anything,” said Hicks, who runs a small construction company. “I didn’t have insurance. I couldn’t afford any.”
That’s when Hicks discovered a new public health insurance program created by the North Carolina legislature. He now pays $550 a month in premiums — not cheap, but one-third of what a similar policy would have cost him in the private market.
As Congress debates how to overhaul the nation’s health-care system, North Carolina has dipped its toe into the public-option debate. Those who can’t find affordable health insurance from private companies because they have cancer, heart disease or other ailments now have the option of buying insurance from a high-risk pool set up by the state.
The program, called Inclusive Health, is little known. It has enrolled 2,050, only half of the number expected. But an estimated 1.4 million North Carolinians don’t have health insurance.
Inclusive Health is aimed largely at helping middle-class people who wake up one morning and find themselves without health insurance. Enrollees have either been turned down by private insurance companies, have lost their jobs or don’t have access to Medicare or Medicaid.
Hicks, 54, of Garner, said he had never given much thought to health insurance before this year. He was covered under his wife’s policy until January, when her employer, Corporate Press, a 40-year-old Raleigh printing company, went out of business. His construction company, which mainly builds fences, was too small to afford health insurance.
Bad luck sometimes comes in bunches. Hicks, who had not been hospitalized in 12 years, got an infected elbow in March, and the infection spread to his bloodstream. It put him the hospital for a week — a $12,000 out-of-pocket expense.
After a taste of being uninsured, Hicks went shopping for a health insurance policy. But because he is a severe diabetic, and therefore viewed as a high risk, the cost was prohibitive. Hicks said the state’s biggest insurer, Blue Cross and Blue Shield of North Carolina, which has 86 percent of individual health insurance policies in the state, offered a policy with a $1,648 monthly premium. Hicks said that was unaffordable at a time when his household had gone from two incomes to one.
“We’ve got to eat, and we’ve got a house payment,” Hicks said. “It was just too much to handle.”
He saw a brief item in The News & Observer about the start of a new state health insurance program. Within a month, he had enrolled in Inclusive Health. His premium is $550 per month, and it covers his three daily shots of insulin, his blood pressure medicine and other medical costs.
North Carolina became the 35th state to create a high-risk health insurance plan in 2007, after a decade of debate in the legislature. It began offering insurance policies in January.
The measure had the backing of health groups, physicians, hospitals and insurance agents.
Adam Searing, a health-care consumer expert, said North Carolina’s high-risk pool is relatively industry friendly compared with those in other states. It includes a restriction that the risk pool charge premiums 175 percent of what private insurers charge, so as not to compete with private markets. And it provides no subsidies for the poor.
While it helps middle-class people without insurance, it is of little use




