About Me

Name: NOTLEGALROADKILLYET
Biography
Loading...

Create Your Own Blog Find Other Townhall Blogs

Comments

The Colorado Constitution as a Loose Guide

I had been giving a lot of thought as to how I would treat the Jarad Polis Amendment (aka 41).  He so wants to be the nominee in CO CD2.  I think he would be easily beatable if the Republicans put up a decent candidate matched to that district, so I have been giving him a bye until that great day happened.  I haven't even suggested that the story of the Colorado Common Cause Polis Amendment be told on Wikipedia.

This blog is as much about judicial misconduct as it is about politics, although politics is a lot more fun.  Today Jarad's Joke is in the news again as Denver District Judge Robert McGahey took all of five minutes to rule that it didn't apply to scholarships awarded by the Daniels Fund to students whose parents are government employees.

It is hard to see how Polis's Pholly doesn't apply to these scholarships.  It requires that something of value be exchanged for anything over $50.  Successful scholarship applicants are already high achievers, both socially and academically, so what new thing do they bring to the table that is of value?  The answer is that they will be doing nothing new, nothing that they wouldn't already have done.

Yes, the ruling that these kids are getting their scholarships is convenient for all concerned, especially Jarad Polis, but at what cost?   Judges who conduct five minute hearings on Constitutional matters and issue immediate judgments make the Constitution into nothing but mush.

I want to give David Kopel the credit he is due for his Colorado Inside Out prediction just after the election that attempts to fix the Polis Amendment would devalue the State Constitution.  The process is well under way.

Conservatives should be bothered by what is happening.  How can someone like Attorney General John Suthers claim in the future that he is a strict constructionist if he allows his subordinates to go into court and treat the state Constitution as just so much inconvenient paper.

Quoting from the Rocky Mountain NewsDeputy Attorney General Jason Dunn welcomed the decision.
 
Don't blame me.  I voted against Jarad's Joke along with one-third of Coloradoans.  The folks who are in court trying to fix it are the ones who voted for it.
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

Universal Health Care Through the Looking Glass

In 1994, the Republicans took Congress and the country heard nothing more about Hillarycare.  In 2008, Hillary expects to be back, bless our souls.  She will have a Democratic Congress and a "mandate" for universal health care.  If you don't believe it, just ask her.

For a preview of universal health care, we need only look to Canada and Britain.  Britain is in the news, so we look eastward tonight.

The London Telegraph published a story it called "
Doctors who ban surgery for smokers are right, says Hewitt."

Patricia Hewitt, the Health Secretary, has given her blessing to the policy of denying [Heart bypass] operations to smokers until they kick the habit.

What the story does not say is how long a patient must be non smoker before he is eligible to go on the list to get a bypass, or how long a patient must be on the list before his turn comes up.  I'm guessing the wait totals two years, and many smokers who are bypass candidates won't last that long.

Think of Bill Clinton.  When Doctors discovered he needed a heart bypass, he went under the knife in less than a week.  It was an emergency for him.

British health care is both free and rationed, and if you are a smoker, you are free to die if you need a heart bypass.

I just wanted to give those who are considering sitting out the next election for lack of the "perfect" candidate something to think about.

Thanks to an overlawyered.com reader.

Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

Promoting Nancy Pelosi's "blog"

While the Colorado Springs Gazette Telegraph would like its readers to believe that blogs are unimportant, I find the Denver Post Promoting Nancy Pelosi's "blog."

While the link I am providing is from a Post Blog, I was directed there from the Denver Post index page.  Note the "Colorado Conversation and Blogs" box. 
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

Denver Post Attempts Intimidation on a Gun Issue

The Denver Post opposes the Make My Day Better bill that has now passed the Colorado House.  It sent a message to any State Senate Democrat that if he/she made the mistake of voting for it, the Senator would see his/her name in the Post.

Today, it published, as part of an article, the names and districts of every Democratic Representative who voted for the bill:

The eight Democrats who voted for the law's expansion were Bernie Buescher of Grand Junction, Morgan Carroll of Aurora, Kathleen Curry of Gunnison, Michael Garcia of Denver, Cheri Jahn of Wheat Ridge, Buffie McFadyen of Pueblo West, Wes McKinley of Walsh, and John Soper of Thornton.

So, lets see.  How do you spell "intimidation?"
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

Republican In Name Only-Not

If there is one term that does the Republican party more unnecessary damage than any other, it is RINO, which stands for "Republican In Name Only."

There was a time when it was used to describe northeastern Rockefeller Republicans.  There aren't many Rockefeller Republicans left in the party.

I admit that I've used it, but not for years.

Now, when I hear it, it totally turns me off.  The people who are using it these days are the folks who are so far to the right of the electable part of the party that they are almost always trying to justify their own misconduct when they use it.  As in "XXX is a RINO so I won't vote for him."

The problem is that the definition of RINO has slipped so far to the right that it includes some very improbable people.

Not long ago a guy calling himself Nightsapper made a comment to one of my posts and used my least favorite term to describe John Andrews and Bob Beauprez.  He called them RINO's!

For those who don't know the record of those two politicians, let me just say that it is hard for me to imagine how two men could get any further to the right than they are and still be electable statewide.  Both are hard core Pro Life.  Both oppose unnecessary taxation.  Both promote vouchers and school reform.  Have I missed anything?

It turns out that Bob Beauprez wasn't electable this last time out, losing 60-40 in a campaign that was never close.  I'm not sure how much of that margin was Republican fatigue, given that he was a sitting Congressman and the record of the Republican Congress.  The margin might also have been due to a bad campaign.  Major newspapers painted a liberal Democrat as a "moderate," and routinely demonized Bob, which didn't help.

John Andrews might not believe himself to be electable statewide.  He has never run for statewide office, though he was President of the State Senate.  He is certainly a colorful and outspoken conservative voice, one of my favorites.

In short, it is hard to imagine how anyone could describe either as a RINO, but it did happen.  I'm sure the guy who wrote (nightsapper) has friends who drop the word as loosely and irresponsibly as he did.

This week, a friend suggested that I look at a new Republican blog since I'm always pushing for Republican blogs.  I didn't look at the blog more than about ten seconds before I was turned off by it.  There, for all to see in its header, was my least favorite acronym.  Talk about a bad first impression!

I would like to see the new leadership of the Colorado Republican party take a united stand against the use of that acronym.  People use it to justify not voting for Republicans and until we can break that (non) voting habit, we will be, and will deserve to be, a minority party.
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

The Rocky's View of Make My Day (Better)

For more than a decade, Colorado has had a very successful "Make My Day" law that allowed citizens to protect themselves in their own home. 

About two years ago in Colorado Springs, a nearly 80 year old woman unloaded her revolver on someone trying to break into her home.   She wounded him, and it was later discovered that he was a serial rapist of older women.  In short, the law worked as it should have.

Now, Rep. Cory Gardner, R-Yuma has introduced a bill to extend the law to businesses.  It has passed out of the House and into an uncertain future in the Senate.  Our politically schizophrenic sometimes conservative but often liberal Rocky Mountain News, supports the law.

I particularly liked its disapproval of what happened to one business owner:

Which brings us to the case of Christakes Christou, who owns the Funky Buddha tavern in downtown Denver. Early in the morning of Jan. 3, 2006, Christou lay in wait inside the bar after it closed, hoping to catch whoever it was who Christou said had burgled the establishment several times before.

Surveillance tapes showed a transient indeed broke into the bar that morning. Christou shot the man, who subsequently recovered and was charged with second-degree burglary.

But the bar owner was initially charged with attempted murder. He later entered a plea agreement that placed him on two years probation and required 50 hours of community service.

Christou's defenders say he should have never been prosecuted at all. We haven't seen the tape, but certainly business owners should not have to stand aside when someone breaks into their establishment and signal for the fellow to help himself. Nor is it wrong for someone who's endured repeated break-ins to act as a sentinel on his own property.

Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

The Lesson of the Great White Fleet

This is the third essay on the Democrat plan to Force a Slow End to the War and how to stop it.   Part one is here, and part two is here.

One part of Murtha's plan, as outlined by Politico is: 

In addition, Murtha, acting with the backing of the House Democratic leadership, will seek to limit the time and number of deployments by soldiers, Marines and National Guard units to Iraq, making it tougher for Pentagon officials to find the troops to replace units that are scheduled to rotate out of the country.

There is a little problem with this part of Murtha's plan called the Constitution.  The President as Commander in Chief of the Armed Forces can simply ignore these restrictions.  While that might cause a Constitutional crisis, it is very unlikely that the President, or for that matter any President would want Congress to believe it had such a power.

Almost exactly a century ago, President Teddy Roosevelt wanted to send the Great White Fleet around the world.  Congress objected.  Roosevelt told Congress that he had the money and the authority to send the fleet half way, and if it wanted it back, it would have to appropriate the money to get it back.  End of argument.
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

If I were Secretary of Defense

The Democrat party, in coordination with the peace movement, thinks it has devised a way to end the war in defeat and avoid blame for doing so.  If you haven't read my previous essay, this one won't make a lot of sense to you, so take a quick look.

If I were the Secretary of Defense, and I saw this happening, I would take the following steps:

1.  I would modify the readiness reporting system so that a unit could be reported up the chain as ready for deployment in Iraq even when it is not ready to do its conventional war mission.  If Murtha wants to play bureaucratic games, it is pretty easy to out bureaucrat him.  If he objected to this ploy, and he would, he would lose his political cover.

2.  I would make this gambit as expensive as possible for the Democrats in terms of justifying the need for more military equipment and manpower.  What Murtha is really saying is that the military simply isn't large enough to fight to win in Iraq.  The obvious solution is to ask Congress triple the size of the Regular Army and the Marines over the next two years. 

The Tables of Organization and Equipment of this expansion need not, and should not match the current TO&E of the army.  Instead, light battalions designed specifically to fight the insurgency in Iraq should be organized and deployed.   These light battalions would be equipped with light weapons and lightly armored vehicles. 

In terms of equipment, this is a cheap and easily doable solution.  It would be expensive in payroll.  That brings up the question of whether the anti-military members of the Democrat party would support it.  History suggests that they would not.  If history is prologue, the party might find itself once again tagged as the "weak on defense" party for making rules that can't be enforced without significant expenditures and then refusing to make the expenditures.

3.  Of course, Murtha is also admitting that the military simply doesn't have enough equipment to meet its training needs in the United Stares and at the same time leave equipment in Iraq.  If I were the Secretary of Defense, I would be pounding my fist on Murtha's desk for duplicate sets of equipment.  After all, that is what he seems to want to happen.

I don't know if these options are being considered, but they are a quick and effective counter to Murtha's plan.
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (2) | Flag as offensiveFlag as Offensive

The Democratic Strategy to Lose the War

Yesterday, The Politico had an article on how the Democrats intend to pull us out of the war without taking the blame for doing so.

Essentially, they want to use existing readiness reports as a club to cut down the number of units available for the war.  They also would limit the amount of time that units can spend in Iraq and how often they can be rotated back into Iraq.

Murtha, the powerful chairman of the defense subcommittee of the House Appropriations Committee, will seek to attach a provision to an upcoming $93 billion supplemental spending bill for Iraq and Afghanistan. It would restrict the deployment of troops to Iraq unless they meet certain levels adequate manpower, equipment and training to succeed in combat. That's a standard Murtha believes few of the units Bush intends to use for the surge would be able to meet.

In addition, Murtha, acting with the backing of the House Democratic leadership, will seek to limit the time and number of deployments by soldiers, Marines and National Guard units to Iraq, making it tougher for Pentagon officials to find the troops to replace units that are scheduled to rotate out of the country. Additional funding restrictions are also being considered by Murtha, such as prohibiting the creation of U.S. military bases inside Iraq, dismantling the notorious Abu Ghraib prison and closing the American detention facility in Guantanamo Bay, Cuba.

It has been 30 years since I was involved in readiness reporting, but I can't imagine the system has changed much.  Each unit has a mission and is equipped and trained for that mission.  Every three months, a classified readiness report is forwarded up the chain of command by the unit commanders assessing its equipment and personnel status.  

For example, an Artillery unit would have a low level of readiness if it lacked the trucks to haul ammunition.  It might lack those trucks because they were left in Iraq when the unit was deployed out to save transportation costs.  The same artillery unit would have the same low level of readiness if its training were impacted by the time it takes to ship equipment back and forth to Iraq.  Men can be loaded on airplanes, but equipment goes by rail and ship.

Readiness reporting is classified, but it doesn't take much knowledge of the system to guess that almost no unit in the military is fully ready to conduct its wartime mission.  But what does that really mean?  It means that our artillery unit probably isn't getting the training and equipment to be able to fight a conventional land war.  It would seem to be quite reasonable for a battalion commander of an artillery battalion to report his unit completely unready for (conventional) combat if it had just arrived back from Iraq. 

The Democrat party is trying to exploit that situation by saying that if an artillery unit can't do its conventional mission, it shouldn't be sent to Iraq.

Iraq is a strange animal of a war.  If that artillery unit is sent to Iraq, the odds are that it won't be employed as artillery, but as infantry, or possibly military police.  An artillery unit that is unready to fight a conventional war can very likely be completely ready to fight in Iraq in short order. 

There are several obvious ways to blunt the Democrat strategy, and rather than make this into a long essay, I will cover them later today.
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (1) | Flag as offensiveFlag as Offensive

Tom Delay's Take on 2006

Yesterday, Politico published a Tom Delay piece that should give Republicans pause when thinking about the national money situation in the out years.  We pick up as he is giving a history lesson on money politics: 

Things started to change as President Bill Clinton's administration ended in 2001. Thousands of well-connected, battle-hardened, experienced and talented political operatives were out on their ears in the wake of the Republican Party's sweep of the 2000 elections. The Clintonistas lacked influence and jobs. Around that time a handful of smart and extremely wealthy liberals decided it was time to close the gap on the Republicans' enormous advantage in grass-roots politicking. It worked.

Yes, the Republican Party under Karl Rove, Ed Gillespie and Ken Mehlman broke new ground on the precision of their voter identification and mobilization technologies, but what the Clinton administration-in-exile has put together in the last six years is nothing short of incredible -- admirable from the perspective of pure politics and terrifying from the perspective of a conservative hoping to reverse the outcomes of the 2006 elections next time around.

Delay mentions a David Horowitz website,
discoverthenetwork.org that lists the major national sources of Democratic funds.  The scary thing is that I couldn't find Tim Gill or Pat Stryker on the list.

After you read Delay's comments, the really valuable item is in the comments.  The campaign manager of the Democratic Candidate who beat Congressman Pombo lays out how it was done (in a Republican District).  The guy has two posts, and posts under the name ajsuited.  If you read nothing else, read ajsuited's comments.

Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

Where Was Anna Quindlen?

Anna Quindlen has written a Newsweek essay on how soon America should get out of Iraq.  She is an excellent writer and will doubtless convince those few unconvinced liberals that tomorrow is not too soon.  She would prefer today, but it is, according to her "already tomorrow in Baghdad."

This is the typical liberal piece.  The suffering of the Iraqi people began only as the Americans crossed the border:

The course of this war has been a consistent scene of carnage with ever-changing underpinnings. Uncover weapons of mass destruction, lay hands on Saddam Hussein, oversee elections, teach the Iraqis to police themselves. Bring stability to the region. The last has been an illusion. Over the last year many Americans have finally realized how thoroughly they were sold a bill of goods. . .

Nearly four years of photographs and footage of dusty corpses, cinderblock barriers, shredded cars and bereaved families, and the absurdity of that view is absolute.

Where was Anna Quindlen when Saddam Hussain was murdering his people by the hundreds of thousands?  Did she decry that, or did she let it pass because there were not four years of photographs and footage of dusty corpses?  There certainly were bereaved families but Saddam was not about to let the killing be as messy and photogenic as the insurgents are making theirs.

It isn't that we "can" bring stability to the region.  It is that we must. 

Ms. Quindlen passes her readers the old saw that it is and was about oil.  She not only wants us out, she wants Americans to "go to rehab for their fossil-fuel addiction".  Was she writing in 2001 that this war was about oil?  Few were.  No one is plausibly claiming, even now, that the war was about oil, so why use this throwaway sentence?

Sometimes these big name writers forget what they have written, or not written in the past.  When they do that, they do the public a disservice. 
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

Googling a Union

I did a search on the union mentioned in the last essay before I wrote the essay  That search was dominated by union favorable items.  Republicans have been slow to understand the power of the internet, so it is not at all surprising that businesses which might be threatened by unions also would be slow to recognize that unions are internet savvy.
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

SEIU Nurse Alliance is Bad News for Colorado

I am told on what I believe is good authority that the SEIU Nurse Alliance has $30 million available to unionize Colorado nurses.  The plan seems to be to start in the outlying areas of the state with nursing homes and small hospitals.

The organization is pushing Colorado SB-10, which is an unbelievably bad bill.  It would fine hospitals $5,000 a day if they did not meet staffing levels set by staffing committees.  Unsurprisingly, it also requires that not less than half of the membership of staffing committees be Registered Nurses. 

These nurses would have no accountability to the ownership of the hospital and could, by law, set the staffing levels so high that the hospital would be driven out of business.

In the 1960's and 70's the "Big Three" automobile companies allowed their labor costs to get out of hand when they surrendered easily to union demands.  They at least had a choice to commit financial suicide.  SB-10 cocks the gun and points it at Colorado hospital management's head, leaving the nurses to pull the trigger.

I would like to say that SEIU is being ethical about telling voters what it is doing, and what the bill would do, but it is not.  In a recent Gazette Telegraph guest editorial by Patricia Stewart deceptively titled "Bill would make hospitals more accountable, competitive" Ms. Stewart neglected to mention the composition of the staffing committees and the $5,000 a day fine.

The bill has nothing to do with accountability and certainly nothing to do with competition.  Rather, it is all about using lawmaking to help unions at the very real risk of forcing hospitals out of business.
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

SB 10--A Disaster in the Making

Lois Tochtrop and Patricia Stewart are trying to put a provision in Colorado law which would force hospitals to staff themselves as the unions direct or pay a $5,000 a day fine.  SB 10 is short enough that it is easily read, and anyone who reads it will quickly come to that conclusion.

I was disgusted with the misleading and outright deceptive guest editorial published in today's Gazette Telegraph by these two women.

Quoting:  "The proposal makes no attempt to tell hospitals how they should staff their own facilities." 

What the bill does do, though, is to require that hospitals establish staffing committees of which not less than one half of whose membership must be Registered Nurses working in the hospital.  If the nurses are unionized, the union gets to pick the nurses on the committee.  The purpose of the bill is to force the hospitals to accept union dictated staffing levels.

Quoting:  "Aside from disclosing information, hospitals would not be required to do anything they are not doing already.  Every hospital already has a staffing plan.  Every hospital already tries to stick to it."

The penalty envisioned by this bill for failing to follow this union dictated staffing plan is $5,000 a day.  That doesn't make it sound like Senator Tochtrop has any faith in market forces, does it?  That inconvenient fact was left out of the article.

Quoting:  "Colorado hospitals already keep track of where their patients are, how many patients they have from one shift to the next, and how many nurses are caring for them.  SB10 doesn't make hospitals change the way they do business, but it does expose hospitals to the choices of informed consumers."

More importantly to Senator Tochtrop, it exposes hospitals and their insurance companies to additional trial lawyer liability.

Quoting:  Instead of using heavy handed regulation, SB-10 enables the market forces that will raise the standard of hospital patient care for all Coloradans.

It is hard to imagine a more heavy handed bill than SB-10.  Unions, rather than market forces will require over staffing.  Over time, that over staffing destroys the economic viability of the organizations which are forcibly over staffed.  If those hospitals go out of business, where will the people these two women are trying to hoodwink go when they are ill?
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

A Pothole on a Bridge

I was drawn to this Denver Post article when I saw the photo.  I was quite sure I didn't want to hit this pothole.

Then I read the article.  The Denver Post never misses and opportunity to promote higher taxes:

Transportation officials say the state and municipalities will be short tens of billions of dollars in needed highway money over the next two to three decades unless voters approve new sources of road funding.

I had thought C was going to solve the problems, but no.  "Tens of billions" more is needed. 

Pocket change, right?
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive