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« on: March 02, 2018, 03:14:08 PM » |
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________________________________________ The Patriot Post Digest 2-28-2018 From The Federalist Patriot Free Email Subscription ________________________________________
The Patriot Post® · Mid-Day Digest Feb. 28, 2018 · https://patriotpost.us/digests/54449-mid-day-digest
IN TODAY’S EDITION
Without the individual mandate and “tax” penalty, ObamaCare fails even Roberts’ test. Mass school shootings are horrific, but they were actually worse in the 1990s. Arming teachers is an idea with a lot of merit. Public unions face a possible reckoning before the Supreme Court. Dianne Feinstein isn’t quite radical enough for California leftists. Plus our Daily Features: Top Headlines, Memes, Cartoons, Columnists and Short Cuts.
THE FOUNDATION
“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws … undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?” —James Madison (1788.)
IN BRIEF
20 States Sue to Pull the Plug on ObamaCare1
By Jordan Candler
When the Supreme Court upheld ObamaCare2 by a 5-4 vote, Chief Justice John Roberts inexplicably preserved it. In his warped determination, “The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.” (Keep in mind, Barack Obama argued just the opposite — that it wasn’t a tax.)
ObamaCare has withstood a healthy dose of lawsuits and severe backlash, but this was by far the most despicable, extreme and surprising vindication afforded by the judicial branch. Justice Roberts professes supposedly conservative bona fides, but his arguing in the law’s favor by invoking the federal government’s tax authority — rewriting the law in order to save it — was about as absurd as it gets. But this week there was an interesting twist: Could Roberts’ legal rendering ultimately result in ObamaCare’s demise?
Congressional Republicans nullified the health insurance mandate late last year courtesy of the Tax Cuts and Jobs Act, which a new lawsuit is hinging upon in hopes of finally derailing ObamaCare in its entirety. According to Reuters3, “A coalition of 20 U.S. states sued the federal government on Monday over Obamacare, claiming the law was no longer constitutional after the repeal last year of its requirement that people have health insurance or pay a fine.”
Texas Attorney General Ken Paxton and Wisconsin Attorney General Brad Schimel are taking the lead on this case. Paxton points out, “The U.S. Supreme Court already admitted that an individual mandate without a tax penalty is unconstitutional. With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of ObamaCare, once and for all.”
This is an intriguing argument. As Reuters explains, “The individual mandate in Obamacare was meant to ensure a viable health insurance market by forcing younger and healthier Americans to buy coverage.” In other words, the very structure of the health care law is contingent on the mandate, which is why Obama pushed so vigorously for it. But since Congress has since repealed the mandate, Justice Roberts’ contention that ObamaCare “may reasonably be characterized as a tax” is no longer applicable. Which prompts the question: Under what authority is ObamaCare still “constitutional”?
Unfortunately, our elected branches’ perpetual failings and the proliferation of judicial activism means the states’ new lawsuit against ObamaCare isn’t a slam dunk. However, if Rule of Law finally prevails — and if by some chance ObamaCare returns to the Supreme Court and Justice Roberts is forced to reconcile his previous vote — this would be the ultimate poetic justice. And tax reform will be praised more than it already is.
‘There Is Not an Epidemic of School Shootings’4
By Thomas Gallatin
A new study5 out of Northeastern University concludes that schools today are actually safer than they were in the 1990s. James Alan Fox, professor of criminology, law and public policy at Northeastern, said that based upon the study’s findings, “There is not an epidemic of school shootings.” One death from such violence is too many, but he noted that more children die in pool drownings or bicycle accidents each year than gun-related deaths. The study also found that the number of students killed in schools today is one-fourth what it was in the early 1990s — a somewhat surprising fact given the 24/7 media hysteria surrounding atrocities like Parkland6.
Contrary to the dubious claim of the anti-gun activist group Everytown for Gun Safety that there have been nearly 300 “school shootings” in America since 2013, Fox asserts, “These [school attacks] are extremely rare events.” Importantly, the research defines mass shootings as involving four or more deaths (not including the perpetrator), not the ridiculously broad criteria7 used by Everytown. Researchers found that, “Since 1996, there have been 16 multiple victim shootings in schools, or incidents involving 4 or more victims and at least 2 deaths by firearms, excluding the assailant. Of these, 8 are mass shootings, or incidents involving 4 or more deaths, excluding the assailant.”
Further clarifying the data, Fox and his co-researcher Emma Fridel found that, on average, “mass murders occur between 20 and 30 times per year, and about one of those incidents on average takes place at a school.” Simply put, since 1996 there have been eight mass shooting attacks at schools, which is unacceptable but hardly epidemic. In fact, since the 1990s “shooting incidents involving students have been declining.” Of the 55 million school children in the U.S., the study found that “on average over the past 25 years, about 10 students per year were killed by gunfire at school.”
While every one of these school atrocities is indeed deplorable and shocking, the facts on the ground do not support the hysterical overreaction currently present within national politics and mainstream media.
Top Headlines8
Trump announces re-election campaign and Brad Parscale as campaign manager (CBS News9)
House GOP rejects calls for new gun legislation (The Hill10)
Dick’s Sporting Goods will stop selling assault rifles “permanently” (Business Insider11)
Google tried censoring “gun” shopping searches but it backfired (Washington Examiner12)
Conservative nonprofit PragerU is suing Google for alleged discrimination (The Daily Signal13)
ICE arrests more than 150 people in Bay Area following Democrat mayor’s warning (Fox News14)
Supreme Court rules immigrants can be detained indefinitely (USA Today15)
Judge Curiel, previously criticized by Trump, rules in favor of Trump’s border wall (The Washington Free Beacon16)
Trump aide Kushner loses top-secret security clearance (The Wall Street Journal17)
DHS: “No intelligence” Russia compromised seven states ahead of 2016 election (The Hill18.)
Policy: What critics don’t understand about gun culture (The Atlantic19)
Policy: What the Florida shooting might tell us about child welfare (New York Daily News20)
For more of today’s news, visit Patriot Headline Report21.
FEATURED ANALYSIS Arming Teachers Has a Lot of Merit22
By Louis DeBroux
In the wake of the mass murder23 at Marjory Stoneman Douglas High School in Parkland, Florida, proposals have come in from all quarters regarding how to stop another such atrocity.
The response from the Left has been as expected — calls for banning24 many or all firearms in common use, stricter background checks, raising the legal age to purchase a firearm, boycotting the NRA25, etc. Of course, it is hard to imagine how any of that would have stopped the perpetrator, a mentally unbalanced and homicidal young man.
After all, over the last two years, the killer had been disciplined in school 25 times, local police were summoned to his house 39 times, friends and neighbors had reported to police multiple times that he was collecting guns and had a desire to kill people, and the FBI had been warned twice about him — once after posting on social media that he wanted to become a “professional school shooter,” and once when a girl close to him warned that he was talking about killing people. In both instances the FBI failed to follow up. And that’s not to mention the failures of law enforcement at the scene26.
To the shock and outrage of many on the Left, President Donald Trump proposed training and arming teachers and school staff. Their reaction was as immediate as it was predictable. Washington’s Democrat Governor Jay Inslee cried, “I have listened to the first-grade teachers that don’t want to be pistol-packing first-grade teachers. I’ve listened to law enforcement who have said they don’t want to have to train teachers. … Educators should educate and they should not be foisted upon this responsibility of packing heat in first-grade classes.”
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