11/6/13, "Sebelius: Obamacare Navigators Don't Need Criminal Background Checks," Weekly Standard, Daniel Halper
"Health and Human Services secretary Kathleen Sebelius said today that Obamacare navigators don't need to undergo criminal background checks (video at link).
"So I want to ask you about the navigators," said Senator John Cornyn at a hearing today on Capitol Hill. "The president is in Dallas, Texas today, touting the navigator program, which, as you know, are people who are hired to help people navigate the Affordable Care Act. But I would just like to ask you this question, if you would answer it: Isn't it true that there is no federal requirement for navigators to undergo a criminal background check, even though they will receive personal -- sensitive personal -- information from the individuals they help to sign-up for the Affordable Care Act?"
"That is true," said Sebelius. "States could add an additional background checks and other features, but it is not part of the federal requirement"
"So a convicted felon could be a navigator and could acquire sensitive personal information from an individual unbeknownst to them?"
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"That is possible," said Sebelius." via Free Rep.
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The following article describes the authority of the House to defund ObamaCare:
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10/2/13, “Obamacare can be defunded without Senate approval,“ Examiner, Christopher Collins
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USA Today Op-ed: Any delay of ObamaCare the tax must be scored by the Congressional Budget Office. To claim ObamaCare isn't a tax would make it unconstitutional and subject to new court challenge:
10/31/13, "Dems may have to admit Obamacare tax increase: Column," USA Today,
"The individual insurance mandate can't be a requirement to buy insurance because that unprecedented demand was declared unconstitutional by the Supreme Court.
Instead, the court identified the mandate as a tax on millions of Americans. If that's true, it must be forthrightly identified as such and scored by the Congressional Budget Office....
When defending the law before the Supreme Court, the administration...insisted that the law did not compel people to purchase insurance. Solicitor General Donald Verrilli emphatically denied that there was an "entirely stand-alone" requirement to buy insurance. It was this concession by the administration that Chief Justice John Roberts used to save the law. Under Roberts' saving interpretation of the ACA, no one is required to purchase health insurance, so there is no mandate. There is only a tax on people who don't buy insurance. And, the Court said, that tax must be low enough to preserve the "choice" or option to not buy insurance. No one can be punished for being uninsured.
So if there is no longer any "individual mandate," then the Democrats are proposing to delay the tax that John Roberts wrote into the law, but which was never enacted by Congress. When the Affordable Care Act was written, Democrats deliberately labeled it a "penalty." Had the law been called a tax, the president could never have mustered the votes to pass it. As Senate Minority Leader Mitch McConnell noted, the tax-free ACA "was one of the Democrats' top selling points — because they knew it would have never passed if they said it was (a tax increase)."...
Any suspension of this tax must be scored by the Congressional Budget Office so the public knows the size of the tax increase that will be imposed on the American people when the delay ends and the tax kicks in....
(To) insist that the penalty is not a tax...will be admitting that it is unconstitutional under the Supreme Court's decision. If Congress contradicts what the administration told the Supreme Court, a new challenge can be brought under the precedent of NFIB v. Sebelius."...
"Randy Barnett is the Carmack Waterhouse Professor of Legal Theory at Georgetown University Law Center and co-author of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. Josh Blackman is a law professor at the South Texas College of Law and author of Unprecedented: The Constitutional Challenge to Obamacare." via Instapundit
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Comment: House Speaker Boehner has never allowed a standalone ObamaCare defunding bill to come to the floor. A 10/2/13 article makes clear the GOP House has carefully avoided its clear legal right to defund which cannot be overridden by the Senate or even the President. An even larger issue is the Supreme Court disallowed ObamaCare as originally written, and said it was only legal as a tax. Speaker Boehner has never allowed a standalone vote to approve ObamaCare as a tax. All taxes must be approved by the House. The Supreme Court doesn't originate taxes, just decides their legality. This isn't a game of tag between two political parties, it's a life and death matter affecting the United States as a country. Millions of people have had billions of their tax dollars misappropriated. ObamaCare is currently illegal. As Chief Justice John Roberts might say, that’s your problem. The Court also ruled states couldn’t be forced to participate in ObamaCare which destroyed much of its alleged financial underpinning. Boehner wanted to avoid messy votes so he simply declared ObamaCare is "the law of the land:"
Two days after Obama’s re-election John Boehner enthused that ObamaCare was “the law of the land” due to Obama’s re-election:
- 11/8/12, “John Boehner: ‘Obamacare is the law of the land’,” Politico, David Nather
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Added: In the recent Virginia governor
election, the GOP openly joined with democrats to elect a democrat governor
and sabotaged the Republican candidate. The democrat winner McAuliffe
thanked republicans in his speech.
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More on Boehner protecting ObamaCare: In 2011, apparently not wishing ObamaCare to be defunded, GOP House ‘leadership’ placed a defunding bill in the GOP controlled House Appropriations Committee where it remained “deadlocked” indefinitely:
9/29/11, “Draft spending bill would defund Obama healthcare law,” The Hill, Sam Baker
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“House Republicans released a draft spending bill Thursday that would cut off funding for many parts of the healthcare reform law, though the bill remains deadlocked in the Appropriations Committee.“…
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Betsy McCaughey reports that much of ObamaCare actually passed in the 2009 stimulus:
“The (2009) stimulus bill will affect every part of health care, from medical and nursing education, to how patients are treated and how much hospitals get paid. The [2009 stimulus] bill allocates more funding for this [federal gov. healthcare] bureaucracy than for the Army, Navy, Marines, and Air Force combined. Hiding health legislation in a stimulus bill is intentional.” The idea had been advocated by Tom Daschle, Obama’s first choice for head of HHS until he had a limo problem. The stimulus bill passed about 5 days after Ms. McCaughey’s article.
2/9/2009, “Ruin Your Health With the Obama Stimulus Plan: Betsy McCaughey,“ Bloomberg, Commentary
“Republican Senators are questioning whether President Barack Obama’s stimulus bill contains the right mix of tax breaks and cash infusions to jump-start the economy.
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Tragically, no one from either party is objecting to the health provisions slipped in without discussion. These provisions reflect the handiwork of Tom Daschle, until recently the nominee to head the Health and Human Services Department. Senators should read these provisions and vote against them because they are dangerous to your health. (Page numbers refer to H.R. 1 EH, pdf version)."...
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More on Boehner protecting ObamaCare: In 2011, apparently not wishing ObamaCare to be defunded, GOP House ‘leadership’ placed a defunding bill in the GOP controlled House Appropriations Committee where it remained “deadlocked” indefinitely:
9/29/11, “Draft spending bill would defund Obama healthcare law,” The Hill, Sam Baker
.
“House Republicans released a draft spending bill Thursday that would cut off funding for many parts of the healthcare reform law, though the bill remains deadlocked in the Appropriations Committee.“…
—————————————————
Betsy McCaughey reports that much of ObamaCare actually passed in the 2009 stimulus:
“The (2009) stimulus bill will affect every part of health care, from medical and nursing education, to how patients are treated and how much hospitals get paid. The [2009 stimulus] bill allocates more funding for this [federal gov. healthcare] bureaucracy than for the Army, Navy, Marines, and Air Force combined. Hiding health legislation in a stimulus bill is intentional.” The idea had been advocated by Tom Daschle, Obama’s first choice for head of HHS until he had a limo problem. The stimulus bill passed about 5 days after Ms. McCaughey’s article.
2/9/2009, “Ruin Your Health With the Obama Stimulus Plan: Betsy McCaughey,“ Bloomberg, Commentary
“Republican Senators are questioning whether President Barack Obama’s stimulus bill contains the right mix of tax breaks and cash infusions to jump-start the economy.
.
Tragically, no one from either party is objecting to the health provisions slipped in without discussion. These provisions reflect the handiwork of Tom Daschle, until recently the nominee to head the Health and Human Services Department. Senators should read these provisions and vote against them because they are dangerous to your health. (Page numbers refer to H.R. 1 EH, pdf version)."...
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