Was Roberts’ Obamacare decision better than we might have thought?

Since it was issued, Justice Roberts’ court opinion on Obamacare has been roiled and vilified by those on the right.

But in today’s on-line magazine “the Hill,” some are arguing that the decision might not be as bad as we think, and the decision may actually hold the promise of reigning in the bureaucracy in a way not previously contemplated:

Several noted scholars of administrative law (see here and here) have noted that Roberts has signaled a general movement away from Chevron and judicial deference to regulatory agencies. If courts do not defer to agencies, then it will be easier for those looking to overturn agency regulations to find a receptive ear in court. Industries looking to overturn future regulations will be sure to cite King v. Burwell in their briefs and argue that the issue they are contesting is of deep significance.

Whether this approach will be successful hinges on how many issues the courts decide are of “deep economic and political significance.” Administrative law experts say that Roberts breathed life into the “major questions” doctrine previously used by the Supreme Court to deny Food and Drug Administration (FDA) authority to regulate tobacco. Clearly, many regulatory questions are not major and do not rise to this level of significance and so the long-term impact may be limited to a small number of cases. But some regulations do rise to this level.

The most obvious regulations coming down the road that have economy-wide significance are the pending EPA regulations regarding climate change. These regulations will also inevitably end up before the Supreme Court sometime around 2018. The major questions doctrine may very well be used as the Supreme Court evaluates the EPA’s final regulations on climate change.

Read it all here.

So, while it may have legalized Obamacare, the court may have thrown down the gauntlet and signaled that they’re going to body-slam the EPA’s regulations on climate change.

What do you think?

Meade County Commissioner under attack for expressing his views

According to the Rapid City Journal, Meade County commissioner Alan Aker is under a bit of attack by those who dwell on-line after expressing that the recent Supreme Court ruling would cause states to get out of the marriage business. (State Legislators have also noted they were going to bring bills to that effect in SD).

Meade County Commissioner Alan Aker has faced an outpouring of anger and criticism, including a petition to remove him from office, after he used his county Facebook account to predict dire consequences from the U.S. Supreme Court’s recent ruling allowing gay marriage.

The court’s 5-4 decision was announced on Friday, June 26; later that morning, Aker’s Facebook post included his prediction that states will begin to eliminate civil marriage.

“You haven’t gained marriage ‘equality,'” he wrote, “I predict you have ended marriage as a civil institution. One by one, states will remove it from statutes. It will be an exclusively religious institution.”

and..

Reader comments on the post include criticism that Aker misused a public official page, acted unprofessionally and put his own views above those of his constituents.

Aker has this disclaimer on his Meade County Facebook page: “This page written and paid for by Alan Aker, not Meade County. Commissioner Alan Aker does not speak for the Meade County Commission or other Meade County officials.”

Read it here.

Since this, on-line petitions have come out, demanding that he be removed from office.

I’m not sure how he’s “misused a public official page” that he put up and maintains himself. I think that tends to show the ignorance of the people signing up for the lynch mob.

The thing that’s troubling is that the protest illustrates a ratcheting up of the rhetoric, and seems to imply that Aker is somehow mystically barred from having and expressing opinions contrary to those who support the ruling.  The 14th Amendment may have trumped the first amendment in that instance, but that’s not to say that future rulings are going to go that way when the first wave of “religious protection acts” start hitting the court.

I’d say a little peace and empathy on both sides might go a long way while we sort this out as a nation, but that might be asking a bit much.

Thune’s Office Now Accepting Fall Internship Applications

thuneheadernewThune’s Office Now Accepting Fall Internship Applications

WASHINGTON, D.C. – U.S. Sen. John Thune (R-S.D.) is currently seeking intelligent, hard-working college students to serve as fall interns in his Senate offices located in Aberdeen, Rapid City, Sioux Falls, and Washington, D.C.

Interns in Thune’s state offices will participate in constituent service and state outreach activities, while students in the Washington, D.C., office will have the opportunity to witness the legislative process, give Capitol building tours, and attend Senate votes, hearings, and press conferences. Both in-state and Washington, D.C., internships will allow students to work closely with constituents, sharpen their research and writing skills, and learn a multitude of valuable office skills.

“Students who intern in a Senate office have a unique opportunity to experience our democratic process with a front-row seat to the action,” said Thune. “Interns gain valuable knowledge about both state and national issues and an understanding of the inner workings of a Senate office. I encourage all college students to consider applying for this rewarding experience.”

Thune is chairman of the Senate Committee on Commerce, Science, and Transportation; chairman of the Senate Republican Conference; and a member of the Senate Committee on Finance and the Senate Committee on Agriculture, Nutrition, and Forestry.

College students who are interested in interning in Senator Thune’s Washington, D.C., office should submit a resume and cover letter by Thursday, August 6, 2015, to:

Senator John Thune
Attn: Justin Bergeson
511 Dirksen Senate Office Building
Washington, D.C. 20510

By fax to: 202-228-5429
Or by email to:
[email protected]

College students who are interested in interning in Senator Thune’s Aberdeen, Rapid City, or Sioux Falls offices should submit a resume and cover letter by Thursday, August 6, 2015, to:

Senator John Thune
Attn: Robin Long
5015 South Bur Oak
Sioux Falls, SD 57108

Or by email to:
[email protected]

For more information, please call 202-224-2321.

 

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Attorney General Jackley Calls on Congress to Preserve Authority to Enforce State Data Breach and Data Security Laws

Attorney General Jackley Calls on Congress to Preserve Authority to Enforce State Data Breach and Data Security Laws

Marty JackleyPIERRE, S.D. – Attorney General Marty Jackley and 46 other State and Territorial Attorneys General have asked Congress to recognize the importance of maintaining states’ authority to enforce data breach and data security laws, and their ability to enact laws to address future data security risks.

“South Dakota citizens will always be faced with the challenge of monitoring their personal identifying information. States must be able to protect their consumers and respond to these changes in technology and data collection,” said Jackley.

The letter points out a number of concerns with federal preemption of state data breach and security laws, including:

  • Data breaches and identity theft continue to cause significant harm to consumers. Since 2005, nearly 5,000 data breaches have compromised more than 815 million records containing sensitive information about consumers – primarily financial account information, Social Security numbers or medical information. Full-blown identity theft involving the use of a Social Security number can cost a consumer $5,100 on
  • Data security vulnerabilities are too common. States frequently encounter circumstances where data breach incidents result from the failure by data collectors to reasonably protect the sensitive data entrusted to them by consumers, putting consumers’ personal information at unnecessary Many of these breaches could have been prevented if the data collector had taken reasonable steps to secure consumers’ data.
  • States play an important role responding to data breaches and identity theft. The States have been at the frontlines in helping consumers deal with the repercussions of a data breach, providing important assistance to consumers who have been impacted by data breaches or who suffer identity theft or fraud as a result, and investigating the causes of data breaches to determine whether the data collector experiencing the breach had reasonable data security in place. Forty- seven states now have laws requiring data collectors to notify consumers when their personal information has been compromised by a data breach, and a number of states have also passed laws requiring companies to adopt reasonable data security

The letter urges Congress to preserve existing protections under state law, ensure that states can continue to enforce breach notification requirements under their own state laws and enact new laws to respond to new data security threats, and to not hinder states that are helping their residents by preempting state data breach and security laws.

To view the letter, please click on the link: http://atg.sd.gov/LinkClick.aspx?fileticket=wgQf7tM2hWI%3d&tabid=442

Rep. Hickey Resigns; Governor Invites Public Input

daugaardheader

Rep. Hickey Resigns; Governor Invites Public Input

Daugaard

PIERRE, S.D. – State Rep. Steve Hickey has resigned his seat in the South Dakota House of Representatives. Hickey, a Sioux Falls Republican, has served in the state House since 2011.

“Steve Hickey has been a passionate advocate for his constituents and for the causes he believes in,” said Gov. Daugaard. “I wish him the best in the future.”

Hickey’s resignation, which is effective Sept. 1, 2015, creates a vacancy that will be filled by gubernatorial appointment. The Governor is asking the public to nominate candidates to fill the position.

hickeyThose wishing to be considered for the appointment, or to offer nominations, should contact Grace Kessler in the Office of the Governor at 605-773-3661. Nominations should include the candidate’s name, current address, telephone number and relevant background information.

Hickey represents District 9, which includes northwestern Minnehaha County, including the Hartford, Humboldt, Crooks and the Wall Lake area. The district also includes an area in north and northwestern Sioux Falls, encompassing Southeast Technical Institute, Hayward Elementary School and the Sioux Falls Regional Airport. A map of the district is available on the LRC website at legis.sd.gov/img/Legislative_Districts/09.pdf.

Gov. Daugaard expects to name an appointee this fall.

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Hickey resigning from legislature? Announced to GOP Caucus last night.

There’s a report out today on Bob Mercer’s web site that State Representative Steve Hickey is resigning.   Apparently I got it last night, but I go to bed too early.

House Caucus,

Effective September 1, Representative Hickey is resigning from the Legislature due to his desire to pursue an education opportunity in Scottland (UK) and for health reasons. His explanation will follow:

hickeyFor a combination of reasons briefly mentioned here, I am resigning my position as State Representative, District 9, effective September 1, 2015. On Sunday, I announced my plans to our church and wanted you to hear it from me personally as soon as possible.

More significant to our family and close friends, after twenty one years, I’m shifting into a Pastor Emeritus-type role at our church here in Sioux Falls. Kristen and I are selling our home in District 9. Beginning September 7 we will be living most of the time near the University of Aberdeen in Scotland as I work toward a PhD in Christian Ethics in the Modern World, or more precisely, the topic of Bonhoeffer and the Surveillance State.

My interest and involvement in Bonhoeffer studies goes back twenty-five years when I studied for a couple years under a leading Bonhoeffer scholar and this is an opportunity extended to very few. For years I’ve been a member of the International Bonhoeffer Society and through my involvement there, in March of 2014, I was encouraged to apply for a scholarship at the University of Aberdeen. Though I did not get that scholarship, the door opened and those who know what it takes to get into a PhD program are aware this isn’t something I’m doing on a whim.

Considering the path I am on toward a lung transplant this window of time to slow down and prepare for the next chapter of our lives makes lots of sense to us. My long-term plan is to teach and write and it is our intention to finish out our lives in South Dakota upon completion of my PhD. My son plans to return to South Dakota when he finishes seminary next spring and my daughters plan is to begin law school at USD in 2016. South Dakota will remain our home long-term and I plan to continue to follow and be involved in South Dakota politics and issues even in my physical absence.

My kids would be quick to tell you one of our family values is “Hickeys cross finish lines.” However the timing of the academic opportunities available to me require that I not finish my third term in the State House. My hope is those in my district understand there are vocational, personal and health reasons preventing a citizen legislator from completing a term. In any case, it has been a high honor to serve people from every political persuasion in my district and the rest of our state and thank them for the trust they have placed in me.

Sincerely,  Rep. Steve Hickey

Please wish Representative Hickey well as he continues his pulmonary battle & this education opportunity.

Thanks,  Leader Gosch

 

Huether taking 2018 Gubernatorial campaign on the road.

Apparently Democratic Mayor Mike Huether is taking his 2018 Campaign for Governor out of Sioux Falls and dragging it to Brookings… So we need his ‘wisdom’ in person because a tributary of the Big Sioux runs through here?

Sioux Falls Mayor Mike Huether is taking his annual Big Sioux River Water Summit upstream.

For the past two years, Huether has brought together business and civic leaders, conservationists, environmentalists and members of the agriculture community to discuss improving the quality of water that flows in the Big Sioux. In hopes of diversifying the audience and broadening engagement, Huether plans to hold the third annual water summit in Brookings.

Read it here.

If we parse “In hopes of diversifying the audience and broadening engagement,” I’m guessing his true purpose for “diversification” is to campaign in front of more people outside of Sioux Falls on the City of Sioux Falls’ dime.

Wanderings about town, and ingraining a little SDSU at home.

I’m sure you all know I don’t spend all of my day in front of the computer. And today was no different.

I had some office duties required of me today, so I was in there working for a bit this AM. I helped my wife take ice and soda down to a crew assembling playground equipment at the new elementary school, and then took her to lunch. And I had a project that’s been in the back of my mind.

Friends on Facebook know I’ve had a head of steam behind me this summer for home improvement projects. I’ve built a few furniture projects (Bed, 2 tables), “upcycled” pallets into projects, installed a sink, and done several other minor little things to keep my hands busy with things other than the computer. I do plenty of that computer stuff, arguably more than my fair share, and I’ll be doing plenty more in the coming months as the weather turns and the political season heats up.  However, there is a big world outside of cyberspace, and it’s great project weather. So I step away from time to time.

For years, I’ve been wanting to do a little expansion on my deck, which I’ve been putting off due to cost.  I have “off-year projects” which I do as time and funds allow. And I have “election year” projects which I pay people to do while I’m crazy busy with political postcards and the like.

The deck project has been languishing for a few years now, and was looking like it might be relegated to being an “election year” project sometime next year, if I managed to find the time right behind the re-shingling of my roof.  Given my aversion to heights, the roof project is a strong priority for having someone else do it.  And the deck would follow far behind it.

gojacks_leftoversYet today, I happened on to a bit of good fortune.  I stumbled across someone who has a large pile of lumber salvaged from the South Dakota State University Stadium bleachers.

The 2″ by 10″ lumber was a bit stouter than the 2″ by 6″ lumber I was looking for. And they’re 17-18 foot lengths. And it’s all painted. But….

What the “but” was, was a very low price. And unlike next summer, I have the time to do it myself this year.  And suddenly, I’ve got a big project for next year that was conveniently promoted to this years’ big “off-year project.”

I have to admit, I’m a little intrigued to use lumber that came out of the stadium of my Alma Mater in the construction.  There were a lot of memories in that stadium over my years of schooling, whether I was freezing my butt off as a University Police Student Officer, or in the stands sitting on those bleachers cheering on the Jacks.

Yes, that brand new massive stadium of steel under construction across town is going to be nice. But they’re not the only builders in town.

By the time football season rolls around, the University is scheduled to have it’s newly constructed monolith to the game. And I will as well, and likely not be able to help from smiling over the memories that I’ll have tucked away under my feet.

Rebel Flags unfurled in the heartland. Does ignoring history make it all better?

From KELOLAND:

A Minnesota volunteer firefighter says he’s been suspended for flying a confederate flag from an engine during a holiday parade, and that he expects to be asked to resign.

and..

Neilsen says he flew the flag because he’s fed up with political correctness and didn’t realize how much trouble it would cause.

Read it here.

Well, that probably wasn’t the smartest thing to do, given it was his employer’s truck and not his to stage his protest against political correctness. And I don’t recall that Albert Lea Minnesota has ever been noted as a hotbed of confederate support. But I suspect it’s less that the man wanted to express a rebel yell, followed with a “don’t-cha-know” as much as make a statement against what seems to be an overreaching sense of hyper-sensitivity that infects our nation at this point in our history.

Ever since the media latched on to an image of a man who tragically killed several black church goers posing with a confederate flag, the flag has become a lightning rod and a symbol for racism in our society, and it’s instantly being erased in every context imaginable. It’s probably not the only time someone of ill-repute has posed with it, but for some reason, banning it has become the de facto response to prove one’s self as not being racist.

150 years after the war, should it be flown over statehouses? I’d argue no. It really doesn’t have a place among our state or national symbols. But, as a nation, the fact remains it was part of our history, and we should be able to display it in that context. Ever since the civil war, it has also been a symbol of rebellion and nonconformity. Some would say it’s display is more of a statement of “Don’t tread on me” as opposed to “we need to secede again.”

But in our society where we’ve now made up the term “Microagressions,” and include notations of America as the land of opportunity as a microagression, the banning of the flag has quickly moved to full blown hysteria.  I think the flag banning movement showed it’s extremes when the Apple Store went so far as to ban the confederate flag in games about the civil war:

“We have removed apps from the App Store that use the Confederate flag in offensive or mean-spirited ways, which is in violation of our guidelines,” a spokesperson said to BuzzFeed News. The company denied issuing a blanket ban however, stating that the flag can be shown for “educational or historical uses.”

The decision has, however, forced a number of American Civil War games off of the App Store, even though developers insist the Confederate flag was only used to be historically accurate.

Sources told BuzzFeed that Apple is working with affected game developers to get their apps back in the App Store. The company is reportedly asking them to remove or replace the offending flag, however.

Read that here.

So, how exactly does one re-enact the civil war without the confederate flag? And how exactly does banning the flag in that context make any headway in bridging the racial divide in this country?

Are we that far gone that we now have to call one side the shirts and the other side the skins? I’m not sure how they’re going to digitally replace the flag on top of the Dukes of Hazzard car to render the show airable again, but when you see things like that, I can maybe even sympathize a little with the firefighter in Albert Lea, Minnesota.

It doesn’t seem ‘Minnesota’s Confederate Flag guy’ was endorsing a symbol he thought racist. It seems he was protesting a society deep in the grip of a hysteria to ban ideas and symbols, as opposed to solving real problems.

For better or worse, the confederate flag is part of our history as a nation. If we as a society have people pressing to ban the use of a flag even in historical contexts, that should trouble us far more than whether it’s plastered on the top of a car in a TV show, or it’s used to represent the rebels in a civil war re-enactment video game.

And it does nothing to solve the root problems of racism in this country. That’s where the real focus should be.