Governors arm National Guard after Chattanooga murders

This week’s attack by an alleged Islamic extremist on a military recruiting office in Chattanooga was not the first such attack on soldier on American soil. In spite of a string of attacks on military bases and recruiting offices in the past several years, the Obama Administration several has not taken steps to allow military personnel to carry weapons for self-defense. Today a growing number of state governors are taking action to protect their state National Guardsmen from similar attacks.

According to CNN, there have been at least three successful attacks on military targets in the United States in recent years. In 2009, Carlos Bledsoe killed one soldier and wounded another outside an army recruiting office in Little Rock, Ark. Bledsoe was a convert to Islam who had been arrested in Yemen the year before in possession of a fake ID card, bomb making manuals and a phone that contained contacts with Islamic militants.

Also in 2009, Nidal Hasan, an army major and Muslim who opposed the war in Afghanistan, killed 13 soldiers and wounded 32 at Fort Hood, Tex.

In 2013, Aaron Alexis, a civilian contractor and former navy sailor, killed 12 people at the Washington Navy Yard. Alexis had a history of mental health problems.

In at least two other cases, plots to attack US military bases were disrupted by authorities. In 2008, five Muslim immigrants were found guilty of plotting to attack Fort Dix, N.J. "to kill as many American soldiers as possible" according to the Washington Post. Earlier this year, an Illinois National Guardsman and his cousin were accused of plotting to join ISIS and attack a National Guard base in Joliet, Ill. reported the Chicago Sun Times.

In spite of this pattern of attacks, military leaders and the Obama Administration still prohibit the carrying of firearms on military bases, a policy that dates back to March 1993. While the perimeter of many military bases can be easily secured, military recruiting offices cannot. As Maj. Hasan and Alexis demonstrated, a person with access to the interior of a military base can do serious damage before defenders can respond.

Army chief of staff Gen. Ray Odierno told Fox News yesterday that he would conduct a review of security procedures at recruiting offices, but thought that allowing recruiters to be armed might "cause more problems than it solves."

In a tweet, ABC News correspondent Luis Martinez said that “Marine Corps Recruiting Command has instructed Marine recruiters not to wear uniforms at work, part of force protection since Chattanooga.” This was unverified by other sources.

Some states are taking a stronger tack. The governors of Arkansas, Indiana, Louisiana, Oklahoma, and Texas have issued orders to their state National Guard troops to take action to prevent a Chattanooga-style terrorist attack.

At least six state governors have announced plans to allow National Guard troops to carry weapons. Houston’s ABC 13 said today that Greg Abbott (R-Tex.) will arm Texas National Guard soldiers at their bases to “not only serve as a deterrent to anyone wishing to do harm to our service men and women, but will enable them to protect those living and working on the base.”

Gov. Bobby Jindal (R-La.) issued an Executive Order yesterday directing the state’s Adjutant General to arm “selected Guard personnel… to preserve the lives, property, and security” of Louisiana Guardsmen. Jindal is a Republican presidential candidate.

In Florida, Rick Scott (R) issued an Executive Order temporarily moving National Guard recruiting offices from commercial stores to armories until state officials can assess and enhance the security of the stores according to the Florida Times-Union. Scott’s order also armed the state’s Guardsmen.

Arkansas Gov. Asa Hutchinson (R) also ordered full-time Guardsmen to be armed as deemed necessary by the Arkansas National Guard’s commanding officer according to a press release.

The Hill reports that Mary Fallin (R-Okla.) also issued an order allowing full-time Guardsmen in Oklahoma to be armed.

This afternoon, Mike Pence (R-Ind.) became the most recent governor to issue such an order according to Fox 59.

Individual governors can arm their state’s National Guard because the Guard is under state control in normal circumstances with the governor as the commander-in-chief. The National Guard can also be federalized by the president for use with the regular army in combat operations or disasters.

As the death toll from attacks on military installations mounts, it seems likely that more governors will take steps to protect their state soldiers from attack. As Greg Abbott said, “After the recent shooting in Chattanooga, it has become clear that our military personnel must have the ability to defend themselves against these type of attacks on our own soil.”

 Read the full article on Examiner.com

Oklahoma lawsuit may deal Obamacare ‘fatal blow’

The Supreme Court upheld the constitutionality of the individual mandate in 2012, but now another lawsuit is challenging the Affordable Care Act on different grounds. The new lawsuit, brought by the State of Oklahoma, has its roots in a legal paper by Jonathan Adler, a professor at Case Western Reserve University, and Michael Cannon, director of health policy studies at the Cato Institute. The paper, “Taxation Without Representation: The Illegal IRS Rule to Expand Tax Credits Under the PPACA,” argues that, according to the language in the law, Obamacare’s health insurance subsidies can only be applied to state exchanges, not exchanges set up by the federal government.

As Dick Morris explained in The Hill on Oct. 8, Section 1311 of the ACA establishes state health insurance exchanges. Section 1401 stipulates that refundable tax credits, the subsidies, are available only for health insurance purchased in Section 1311 exchanges, those set up by the states. Morris argues that the intent of Congress was to establish subsidies as an incentive for states to set up their own exchanges.

Only 16 states and the District of Columbia elected to form state health exchanges in spite of the promise of subsidies. One of these states, Oklahoma, filed suit in Pruitt v. Sebelius, challenging an IRS ruling that extended both the individual and employer mandates to all states according to lawyers.com. The suit claims that the employer mandate to provide health insurance to employees or pay a fine should not apply to states that did not set up their own health insurance exchanges. It also challenges the subsidies.

Although filed in 2011, a stay was issued until the Supreme Court ruled on the constitutionality of the Affordable Care Act. The federal government moved to dismiss the lawsuit after the stay was lifted, but a federal judge let stand the complaints against the employer mandate and subsidy. The court also ruled that the State of Oklahoma has standing in the suit as a large employer. The case is currently pending before the Eastern District United States Court of Oklahoma.

If the court eventually sides with Oklahoma, John Goodman of the National Center for Policy Analysis argues that it would be a “fatal blow” to Obamacare. “With so many states declining to set up exchanges,” he says, “Obamacare will be a disastrous failure if the courts agree with them.”

A victory for Oklahoma would also likely apply to other states, such as Georgia, that decided not to set up their own health exchange. As reported by Examiner, Governor Nathan Deal announced Georgia’s decision not to create an exchange in November 2012.

If the courts rule that the employer mandate and insurance subsidies do not apply in states with federal exchanges, it would destroy the delicate balance of the law in those states. Employers would not be fined if they declined to provide coverage for their employees. While the mandates for Obamacare’s “essential health benefits” would still apply in all states, subsidies would not be allowed in states with federal exchanges, making the cost of insurance prohibitively expensive.

While a court decision would not strike down the Affordable Care Act immediately, it would render the health law virtually nonexistent for employers in a majority of the country. While the individual mandate and fines would still apply, the lack of subsidies would mean that more people and companies would choose to opt out of purchasing insurance and the risk pool would shrink. Obamacare depends on young people buying expensive insurance to subsidize older and less healthy people.

If young, healthy people opt to pay the fine and employers choose not to provide health insurance, Obamacare will likely collapse under its own weight in short order. With Republicans controlling the House of Representatives, a new health care fix would require a bipartisan agreement, unlike when Obamacare was passed in 2010 with Democratic majorities in both houses and no Republican votes.

It seems as though Congress should have actually read the bill before they passed it.

Originally published on Elections Examiner

Second state enacts Health Care Compact to fight Obamacare

Oklahoma has become the second state to sign the Health Care Compact into law according to a press release from the Health Care Compact Alliance.  Oklahoma Governor Mary Fallin signed the bill into law on May 18.  Georgia became the first state to enact the Health Care Compact on April 20 when Governor Nathan Deal signed Georgia’s version of the compact.

Protesters displeased with Obamacare (Marc Nozell)

The interstate compact would supersede federal health care laws and allow states to enact their own laws on the subject when it becomes effective. Under the terms of the compact, now that two states have passed the compact legislation, the Health Care Compact will become effective when Congress gives its consent. 

The compact legislation can now be introduced to Congress, but its chances of passage are unclear.  The Republican-dominated House of Representatives would be likely to give its consent, but passage through the Democratic-controlled Senate is far less certain.  According to Leo Linbeck III, vice chairman of the Health Care Compact Alliance, it is not clear whether the congressional consent would be subject to a presidential veto.

In an email Mr. Linbeck also confirmed that member states of the compact would be free to enact whatever health care legislation they chose.  “Health care policy is about who and what is covered,” Mr. Linbeck said.  “The Health Care Compact is about who decides.” 

The compact would restore the states as “laboratories of democracy” that can experiment with various solutions to the health care problem.  Linbeck continued, “Some states may be attracted to a more regulated system built around accountable care organizations. Other states may decide to implement a single-payer system. Still others may create a consumer-oriented, market-based regime. And some may choose to experiment with hybrid systems.”

Gov. Mary Fallin

Mr. Linbeck also responded to criticism from UCLA law professor Adam Winkler that the Health Care Compact is a tacit admission that Congress has the authority to regulate health care because congressional consent is required for interstate compacts only when the subject matter is “appropriate for congressional legislation.” 

“This is an interesting question only to lawyers,” Mr. Linbeck answered.  “As a very practical matter, the feds have the power right now to regulate health insurance, and effectively do through [Medicare and Medicaid] and ERISA (for big corporations). They have not fully exercised that power, and the litigation against [the Affordable Care Act] is currently focused on the individual mandate, not the health exchanges that will effectively regulate the currently state-regulated part of the private health insurance system. The courts and lawyers can't fix health care; only the people and the politicians can do that.”

According to the press release, the Health Care Compact has been introduced into fourteen states.  Not including Georgia and Oklahoma where it has already become law, the compact has passed the House of Representatives in Montana, Missouri, Colorado, Arizona and Texas.  It has also passed the Senate in Arizona and Missouri.  It is being considered by legislators and citizen groups in a total of thirty-six states.

Click here for more information on the specifics of the Health Care Compact.

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