Dumbest Ad Ever

The Kentucky Democratic Party is running an ad against candidate for Attorney General Whitney Westerfield that is far and away the stupidest political ad I've ever seen.

Ostensibly it's about Westerfield's record as an assistant commonwealth attorney. In reality, it is an assault on his manhood because he gets an occasional pedicure.  That's supremely hypocritical, coming from the party that claims to be all about inclusiveness and tolerance for every iteration of lifestyle.

Democrats brought us the Metrosexual; a dude can't get much more Metrosexual than getting a pedicure.

Any ad that includes close up shots of a man's feet is just wrong on so many levels.  Feet are gross. Male feet are particularly gross, pedicure or not. That's why "mandals" are never a good idea.

Voters didn't need to know that Westerfield gets pedicures. It is too much information. They will not reward the Democrats for the revelation.

For Democrats to comment on someone's choice of personal grooming shows how weak on substantive ideas that party has become. They are utterly vacuous.

RIP. David Roth

Kentucky Opera General Manager David Roth's untimely passing is a huge loss to the Louisville arts community and to those of us who were privileged to count his a friend.

David was an artist entrepreneur. He exposed us to new operas that had never been performed here, balanced with old favorites. With his background in accounting, David squeezed quarters from nickels. He demonstrated that an arts organization, through careful stewardship, can stay in the black. This made us want to dig deeper and work harder to help him build Kentucky Opera into the outstanding regional company that is his legacy.

Most importantly, David was a wonderful human being. He had the remarkable ability to make me feel like he was overjoyed to see me. That wasn't specific to me:  I knew that he made everyone he met the feel the same way, and that is a rare attribute.

He and Bryce and his family and friends are in our prayers.

Congrats Mike Biagi

Mike Biagi has been named Chair of the Republican Party of Kentucky, replacing Steve Robertson (who is going to work in Frost Brown Todd's lobbying arm).

Mike was a McConnell Field Director, and is a great guy. He has a good political instinct and strikes me as easy to work with.  I expect big things of him in his new position and wish him all the best.

And thanks to Steve for all of his hard work over the years. The state of the Kentucky Republican Party is much improved over when we first arrived here in 1996, though much work remains.  Onward!

Latest C-J Column: Obama and the KY Clerks

Today's column makes an unexpected analogy:  Obama and the KY clerks who won't issue licenses for same sex marriages.  Here's the link. Below is the online version, reprinted with permission of the C-J.  Note that the online version contains several paragraphs towards the end that got cut from the print version;

They have more in common than either would expect: President Barack Obama and those Kentucky clerks who refuse to issue licenses for same-sex marriages. In refusing to do their jobs (Obama with respect to immigration), both are behaving lawlessly. Both are violating the oaths they took.

Oddly, the people who applaud Obama's refusal to enforce our immigration laws are irate at the county clerks who refuse to issue the marriage licenses to gays. However, a refusal to do one's duty as an elected official is lawless, regardless of the issue or reason. Maybe the clerks should change their messaging and declare their offices "sanctuaries."

I am slightly more sympathetic to the county clerks; the Supreme Court's pronouncement of a new constitutional right to gay marriage fundamentally changed the nature of their duties. Arguably some of these clerks might not have run for their position had they known that they would be compelled to issue marriage licenses to same-gender couples. But the Supreme Court's decision in Obergefell v. Hodgespercolated for years. Those who were surprised at the outcome certainly knew that it was a possibility.

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Going forward, however, no candidate for county clerk can claim unfair surprise. Like it or not, gay marriage is now the law of the land. Those who feel it would violate their conscience to issue a marriage license to a same-sex couple should not seek the office.

In refusing to perform their duty but accepting their salary, the recalcitrant clerks are exercising their religious beliefs on the cheap and easy. The more honorable course would be to resign.

Unlike the clerks, Obama's refusal to enforce our nation's immigration laws through deportations is not based on his religious convictions. He just thinks he's smarter and knows better. He therefore uses executive orders to ignore those laws of which he disapproves. But like the clerks, Obama justifies his inaction as the right thing to do; he follows his moral compass rather than the laws he swore to uphold.

The clerks and Obama both serve in the executive branch of government, albeit at very different levels. Officials in the executive branch cannot make law, like the legislature, or interpret law, like the judiciary; their job is to execute the laws the other branches have made — as in apply the law, enforce it, carry it out. If they do not like the law and want to change it, they are in the wrong branch.

Obama's dereliction of duty — and the example it sets — has graver consequences than that of the clerks. No one has died as a result of inaction by the clerks. The Supreme Court has decreed that gay marriage is a constitutional right, and violation of a constitutional right is a serious matter. But it is not the same as seeing your child shot by an illegal alien and holding her while she dies, as happened in the "sanctuary city" of San Francisco recently.

Francisco Sanchez, the man who confessed to murdering Katie Steinle on the San Francisco pier earlier this month, has an extensive criminal history — seven felonies — and had been deported to Mexico five times. Sanctuary cities like San Francisco attract people like Sanchez because they know that it's city policy to shelter illegal immigrants from deportation; Sanchez admitted as much to a reporter.

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San Francisco's sheriff and the U.S. Immigration and Customs Enforcement (ICE) are blaming each other for Sanchez being free to commit a murder. That finger pointing misses the larger truth. The proliferation of sanctuary cities is the logical extension of the Obama administration's refusal to enforce the immigration laws: the fish rots from the head.

There are now 200 sanctuary cities. The rationale for the policy is to prevent families from being torn apart; children born to illegal immigrants on American soil are U.S. citizens automatically, but their parents are not. And to be sure, Sanchez is by no means representative of all illegal immigrants. The unintended consequence of that compassionate impulse to provide sanctuary from deportation is that Katie Steinle's family has been torn apart.

Sanctuary cities, Obama's non-enforcement, and the rogue county clerks, each make a mockery of the notion of the "law-abiding citizen." In days of yore, abiding by the law was something a citizen just did, and expected others to do or else face punishment. It was part of being a responsible adult, a norm parents taught children. The corollary was that public officials were expected to honor their oaths and enforce the law, all the laws.

When did it become respectable to obey and enforce only the laws one likes? Perhaps the most devastating legacy of Obama will be this trickle-down lawlessness.

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Kentucky 45th in Fiscal Condition

George Mason University's Mercatus Center has done a 50 state survey of state financial conditions.  Kentucky falls near the bottom at 45th. No surprise there.

Mercatus came up with a composite score based on five different variables: cash solvency for short term funding; budget solvency; long run solvency; service level solvency; and trust fund solvency.

The question becomes:  what do Jack Conway and Matt Bevin propose to do about it?

Any business contemplating relocating would look to this survey, or one like it, to evaluate the fiscal health of a state.  No one wants to move a business to a state that is likely to default, or face a massive tax hike. So the ability of Kentucky to manage its finances sensibly has real-world consequences for employment -- and for making Kentucky a place where our children want to remain as adults.

Judicial Nominations Update

Politico has a good read on the status of judicial nominations now that Mitch McConnell is Senate Majority Leader.  Lots of accusations about why the pace of confirmation is so slow.

This is an issue that has implications for Kentucky. as we have several vacancies in the district courts and one on the U.S. Court of Appeals for the 6th Circuit.

To be sure, the president has wide latitude on whom he chooses to nominate. However, I take comfort in knowing that McConnell will ensure that the Senate makes a searching inquiry of each nominee. The Senate has that right and indeed duty.

Obama's days in office are drawing to a close, thank God. But the judges he nominates, if confirmed, will have life tenure. Their impact will reach far into the future and affect the daily lives of numerous Americans. It is therefore important that Republicans take the time to look closely at these nominees.

Thoughts on Obergefell

The Supreme Court's decision in Obergefell v. Hodges, finding a fundamental right to gay marriage, was so expected as to be anti-climactic.

Conservatives lost this battle long ago. It's over, culturally. It has been over ever since the ABC sitcom Modern Family hit the air with it's portrayal of the popular gay couple, Mitchell and Cam.

I have long thought that the Church should not be in the contract business. Instead, it would have been preferable if American wedding ritual was more like the French:  go to the court house to have a government official conduct the marriage, and then, for those so inclined, go to the church and receive the sacrament of marriage.

Instead, we allow members of the clergy to act as an agent of the state, performing a government function simultaneously with bestowing a sacrament. The cost of that convenience is Obergefell.

A bifurcation along the lines of the French marriage ritual recognizes that marriage is two things:  a contract, and a sacrament.  As long as adults are competent to give consent, I have no problem with two people of the same sex entering a contract to formalize their relationship. That comports with an understanding of limited government.

That's why I thought it was a mistake for conservatives to oppose civil unions.  It's true that this reasoning applies with equal force to polygamy.  It's also true that the Supreme Court's reasoning would encompass polygamy. That's not a battle worth fighting; if adults choose to organize themselves in that manner, it's no one's business. Again, that's viewing marriage as a contract, freely entered into.

However, I worry that marriage as sacrament is endangered. There will be calls to revoke the tax exempt status of those churches that refuse to conduct gay weddings.  Calls for "tolerance" will not extend to tolerating the religious convictions of those who believe in the biblical definition of marriage as being reserved for one man and one women. This assault on freedom of worship has already begun.  It will get worse, I fear. The implications for the nature and survival of our country are serious. Gay marriage cannot and will not destroy America; stripping citizens of the right to worship freely very well could.

The Church has seen worse. It's important to remember that and to keep a historical perspective as the assault on Christianity gets more aggressive. Sure, it would be a terrible thing to have one's church lose its tax exempt status.  But it's not the same as being martyred.  As Russell Moore wrote this past week, the Supreme Court cannot put Jesus Christ back in the grave. He is still alive.  Still sovereign, even in the fallout of Obergefell. That means we should be of good courage and not let our hearts grow dismayed.

So the appropriate response to the Supreme Court's decision is prayer for America.  Lots and lots of prayer that the Lord will continue to bless and keep this great nation.

SCOTUS Upholds SCOTUScare

The Supreme Court of the United States has once again saved Obamacare, this time on the validity of giving Obamacare tax subsidies to people who live in states that have not established the insurance exchanges; the law requires a state established exchange as a prerequisite to getting the tax subsidy.

No matter, according to the majority.  A state is not really a state or something. The words don't matter. Why look at the actual language of the statute when we can look to policy goals and context? Up is down and down is up: the majority found Congress' statutory language ambiguous and yet divined Congressional intent as clear. Logically, the Court cannot have it both ways.

Chief Justice Roberts once again joined the left, this time accompanied by Justice Anthony Kennedy, to uphold the vote 6-3.

This is a shameful moment in the history of the Court. This is a true erosion in the rule of law in this country, The Court disregarded clear language.  "Established by a state" is not an obscure term of art. that requires nuanced legal reasoning. Any fifth grader could read the phrase and understand that the federal government is not a "state."

A few choice morsels from Justice Scalia's dissent:

• “The Court holds that when the Patient Protection and Affordable Care Act says ‘Exchange established by the State’ it means ‘Exchange established by the State or the Federal Government.’ That is of course quite absurd.
• ”“You would think the answer would be obvious—so obvious there would hardly be a need for the Supreme Court to hear a case about it. . . . Words no longer have meaning if an Exchange that is not established by a State is “established by the State
• .”It is not our place to judge the quality of the care and deliberation that went into this or any other law. . . . Much less is it our place to make everything come out right when Congress does not do its job properly. It is up to Congress to design its laws with care, and it is up to the people to hold them to account if they fail to carry out that responsibility

  
Justice Scalia is right in dissent. Having now rewritten the statute to save it -- twice -- the name should be changed from Obamacare to SCOTUScare.  

Keep Hamilton on the $10

Here's my Courier-Journal column on why I think Alexander Hamilton should remain on the ten dollar bill.  With thanks to the C-J for giving me permission to reprint:

Poor Alexander Hamilton has become the Rodney Dangerfield of paper money: he "don't get no respect."

Efforts are afoot to replace Hamilton on the ten-dollar bill. Harriet Tubman, the escaped slave turned abolitionist, has been mentioned as a replacement and appears to be the leading contender.

For the record, Harriet Tubman rocks. Not only did she advance the cause of abolition and women's suffrage, but she also was a Republican and embraced her second amendment right to carry a gun as a spy for the Union Army. Tubman is worthy of honor.

It does not follow, however, that, Alexander Hamilton should be cast aside to make way for Harriet Tubman. This is a false conflict — not an "either or" situation.

Ten-dollar bill features Alexander Hamilton (Photo: U.S. Treasury)

It's true that Hamilton is not as well known as those founding fathers who went on to become president. That's a pity, because he was a fascinating man — and not just because Vice President Aaron Burr killed him in a duel. Perhaps the new Broadway musical Hamilton will boost his name ID.

As the first Secretary of the Treasury, Hamilton established the foundation of our nation's economy and monetary system, which is why he, of all the founders, should be commemorated on actual currency. He is, after all, the American who established the U.S. Mint.

Hamilton was one of three authors of the Federalist Papers; he wrote 51 of the 85 essays. Hamilton's writings were instrumental in convincing Americans to adopt the new Constitution. Hamilton was an early abolitionist and a founder of the New York Manumission Society, which advocated ending slavery in the 1790s, many years before that cause became widespread.

Hamilton's accomplishments are all the more remarkable given the adversity he overcame. Hamilton was born illegitimate, back when the term "bastard" was a real stigma. He immigrated to this country from the Caribbean and was orphaned at a young age. Immigrants and those who are born out of wedlock should therefore celebrate Hamilton as proof that this is a country of second chances, where one can go on to greatness despite the most humble and shameful of beginnings.

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Before Hamilton graced the ten-dollar bill, that honor belonged to Andrew Jackson (who is now on the twenty-dollar bill). Some would say that Jackson has been on two bills too many. Democrats celebrate Jackson as the founder of their party. But Jackson's legacy is a mixed bag, particularly with respect to his treatment of Native Americans. Those who take umbrage at the name of the Washington Redskins overlook the fact that every time they pay with a $20, they are honoring the man responsible for the Trail of Tears. To the extent that we need to banish dead white men from currency to make room for Tubman, Jackson should be first in line.

I wonder how Tubman would feel about displacing Hamilton. It seems so impolite, like forcing someone to move from a general admission seat they already occupy.

Why not bring back the thousand-dollar bill and put Tubman on that? Higher denominations are disfavored and therefore not circulated, supposedly because they make crime and money laundering easier. It is hard to see, however, how forcing a drug dealer to carry ten hundreds rather than one thousand-dollar bill reduces crime. Given inflation, a thousand dollars isn't really that large a bill.

One of the reasons given for tossing Hamilton off the ten-dollar bill is that bill it is slated to be redone. That's just the Treasury Department deferring to a self-imposed schedule. There is no need for a schedule to revise currency. And if such schedule leads to bad decisions — such as scrapping Hamilton — then that schedule itself should be revised.

The Secretary of the Treasury, Jack Lew, is the D.C. bureaucrat who wants to replace Hamilton. Lew needs to reflect on the history of the founder of his department.

Fortunately, there are people outside of Washington, D.C. who have more respect for Lew's predecessor. The Alexander Hamilton History Society, founded and based in Louisville, has created an online petition to retain their namesake on the currency. The Society meets every third Saturday at the St. Matthews's branch of the Louisville Free Public Library to hear lectures regarding Hamilton and other founding fathers. Hamilton supporters may sign the petition at the AHHSKY website: http://ahhsky.wix.com/ahhs-ky

As the society's website cautions, quoting President Calvin Coolidge regarding Hamilton: "When America ceases to remember his greatness, America will no longer be great."

Yarmuth Announces He Will Seek Reelection

Congressman John Yarmuth has been telling people for some time that he would run again. Still, I am a little surprised. Yarumuth has to be increasingly frustrated as the House has become increasingly Republican. He has more seniority but less influence.

As a practical matter, unless JCPS does something dramatic to turn around public schools in Jefferson County, those families who are Republican( or independent but lean conservative) will continue to make their homes in Oldham County.

As a result, I see little point in Republicans even fielding a candidate to challenge Yarmuth. The voter registration gap is insurmountable as things now stand. The presence of a Republican on the ballot just forces Yarumuth to gear up his GOTV operation, which hurts other Republicans (say, in Metro Council races) who might otherwise be competitive.

The reality is that we are stuck with Yarmuth for another term.

Get Ready For Jack Conway 2.0

I hear that Jack Conway is getting some training on how to become a better candidate.  Presumably this includes public speaking and something along the Dale Carnegie course of How to Make Friends and Influence People.

Conway is not much of a speaker.  He's tried different personas.  There was pugilistic Jack Conway at Fancy Farm, boasting that he's "one tough son of a b***h."  Then there was sensitive Jack Conway, weeping about his decision not to appeal the gay marriage case.

His hair, along the way, has gone through more iterations of highlights than the Breck Girl.

So what will a new and improved Conway look and sound like?  Will the consultants have settled upon one hair color?

Is it possible to teach charisma?  I am doubtful.

Conway said on Derby Day that he wanted to run against Matt Bevin. Conway got his wish, and may soon learn the lesson of be careful what you wish for.

Regardless of how one feels about Bevin, he is a very talented speaker.  He doesn't need to take charisma classes. Stylistically, the comparison will not be flattering to Conway.  

ICMY: Why Raising the Minimum Wage is a Terrible Idea

Given Gov. Steve Beshear's executive order raising the minimum wage for state employees, this is a good time to reprint my Courier-Journal column on why raising the minimum wage hurts those it is supposed to help.

With thanks to the C-J for permission to reprint:

Bill Clinton, angling to become First Dude, is running around the country urging an increase of the federal minimum wage, which now stands at $7.25 an hour. This is Slick Willie at his most cynical.

As president, Clinton opposed the late Sen. Ted Kennedy's plan to index the minimum wage to the cost of living, to go up automatically. Instead, Clinton chose an increase, without indexing. Reviewing documents recently released by the Clinton Presidential Library, the Huffington Post concluded that central to the Clinton administration's rejection of Kennedy's indexing proposal was this: "[S]ince the minimum wage would automatically rise each year, it would take away a good political issue for those who believe the minimum wage is an important tool to help low-income families."

That is, Clinton chose to throw a little something to poor people to win votes, but not permanently — so that Democrats could repeat the same manipulation whenever necessary to survive an election.

Republicans could extinguish the issue forever by agreeing to index the minimum wage. That would be a mistake, however, because the minimum wage is bad economic policy that actually hurts those it purports to help.

“When the government forces a private employer to pay workers more, that employer will either pass the cost along to consumers in higher prices, or it will use fewer workers.”

Bridget Bush

No politician can outlaw the law of supply and demand. When the government forces a private employer to pay workers more, that employer will either pass the cost along to consumers in higher prices, or it will use fewer workers, plus improved technology where possible, to do the same work. That means layoffs, reduced hours and fewer jobs for unskilled workers.

To be sure, those lucky enough to still have a job will make more with an increase, but for those who are laid off or unable to find an entry level job, the increase will be cold comfort: Their income will be zero. Democrats overlook that there is no right in this country to a job. The government cannot outlaw unemployment — it cannot order private employers to hire. By raising the minimum wage, Democrats would price out of the labor market the least productive, most unskilled. Delaying that critical first job for these citizens makes it that much harder to escape poverty.

The nonpartisan Congressional Budget Office in February released a study of the Obama administration's call to increase the minimum wage to $10.10. The CBO projected that Obama's proposal would eliminate 500,000 jobs and perhaps as many as 1 million jobs.

Consider, moreover, who would get cut. Of the half-million jobs that the CBO projects would disappear if the Obama increase is enacted, two-thirds belong to women. The layoffs and lost opportunity for work that a minimum wage hike would cause therefore would hit women disproportionately hard. Minority youths — who already have nearly double the unemployment rates of white youths — likewise would suffer disproportionately. Indeed, the unintended consequence of Democrats raising the minimum wage produces outcomes that — if caused by Republicans — would be slammed as sexist and racist.

Increasing the minimum wage distracts from the more serious issue of how to improve workers' skills so that entry level jobs are the first step in long, productive careers, and not a purgatory where the unskilled languish until the next time Democrats decide to give them a raise with other people's money.

Workers whose productivity exceeds that of the minimum wage will earn more than the minimum wage. So instead of hiking the minimum wage, the better course would be to ensure that every American who wants a decent education can get one, regardless of neighborhood or income. That will only occur when poor Americans have access through vouchers and charter schools to alternatives to those schools that have served them so poorly to date.

The minimum wage is also a liberty issue. The minimum wage forbids workers from accepting, and employers from offering, less than whatever wage the government has decreed. If private employers got together and colluded about setting a wage, it would be an antitrust violation. Yet when the government does it, Democrats call it fairness.

Our federal system generally permits states to raise the minimum wage higher than the federal minimum. That's why Moveon.org is running a "sign the petition" drive to increase the minimum wage in Kentucky.

Progressive bastion SeaTac, Wash., recently increased its minimum wages to $15 an hour. Look for higher prices and cut services at Seattle's airport. Here in Louisville, Jefferson County Attorney Mike O'Connell informed the Metro Council that it may legally raise the minimum wage; it is not — at this point — pre-empted by state law. It might be legal, but it is still a mistake. Raising Louisville's minimum wage will send jobs to surrounding counties. It will increase prices for those too poor to have transportation for bargain shopping.

Instead of "feeling our pain," Bill Clinton and those "progressives" who revere him should stop inflicting pain by recycling failed policies, like the minimum wage, that do real damage.

Beshear Waves Magic Wand!

Gov. Steve Beshear has raised the minimum wage of state employees, including those who work for state contractors, by executive order.

The new wage will be $10.10 per hour.  "Tipped" employees will also get a raise, which leads to the question of why the Commonwealth has "tipped" employees on its payroll to begin with.

All of this will cost Kentucky $1.58 million. Because, don't you know, Kentucky is just awash in excess money, so Beshear decided to spread the wealth around.

Beshear was frustrated that he could not get the Kentucky legislature to raise the minimum wage, so he did it by executive order.  (Remind you of anyone?)  That means the next governor can undo the executive order if he so chooses.

I've written on my opposition to raising the minimum wage previously in the Courier-Journal.

Mitch Reaches Across the Aisle

Senate Majority Leader Mitch McConnell was the only Republican (or at least the only nationally-known Republican) to attend Beau Biden's funeral yesterday in Delaware.

Also attending from Kentucky:   Democrats Jack Conway and Jerry Lundergan.

I am proud of McConnell for that gracious act of compassion he demonstrated by going to the funeral.  He and Vice President Joe Biden served in the Senate together for more than two decades; they are friends and colleagues, notwithstanding that they sat on opposite sides of the aisle.  It was therefore entirely appropriate for McConnell to pay his respects to the Vice President's late son.

What I do not understand, however, is why McConnell was the only Republican present.  The U.S. Senate is a small club. Many Republicans served with Biden for years. I wouldn't expect the entire Republican caucus to attend.  But no one else, other than McConnell?  That's shameful.

This was not about policy or politics. This was about a father losing a son, made sadder still by the fact that he has lost one before.  Moreover, because the Vice President presides over the Senate, he still has a connection to that institution.  He is still a colleague.

My suspicion is that Republicans wanted to avoid the risk of being photographed with any of the prominent Democrats who attended:  the Obamas, the Kennedys.  And then such photo surfacing in a primary.  Sure, there are politicians cynical and mean-spirited enough to take advantage of such a photograph, and to the extent they try that, voters should punish them resoundingly.

McConnell's thoughtfulness to Biden explains why he and Biden have been able to get real work done on behalf of the country when the president was intransigent. McConnell well knows that at the end of the day, successful governance requires functioning relationships.

ICYMI: C-J Column - Sell the Pill OTC

Here's my Courier-Journal column on why Republicans should support making birth control pills available.

Thanks to the C-J for giving me permission to reprint it here:

A group of Senate Republicans has introduced legislation on something all Republicans should support: a step toward making birth control pills available over the counter (OTC). This is good policy and good politics. It puts to rest the fake War on Women narrative that Republicans have a secret plan to bring back chastity belts.

Colorado Republican Sen. Corey Gardner beat Democrat Sen. Mark "Uterus" Udall last year partly due to Gardner's pledge to work to make birth control pills available OTC. Props to Gardner for keeping his word, and to Republican Senators Kelly Ayotte, Joni Ernst, Richard Burr, Ron Johnson and Thom Tillis for co-sponsoring.

Birth control pills have been around for 50 years. They are safe and effective. To be sure, oral contraceptives carry certain risks, such as the occurrence of a blood clot. But those risks are very rare — less common than blood clots during or after pregnancy.

Even aspirin poses risks, yet it is available OTC. So is "Plan B," the emergency contraceptive that is taken after sex. Chemically, it is a very strong version of the same hormones commonly found in birth control pills. It makes no sense for Plan B, but not birth control pills, to be sold over the counter.

Many doctors agree. The American College of Obstetrics and Gynecologists (ACOG) opined in 2012 that: "Weighing the risks versus the benefits based on currently available data [oral contraceptives] should be available over the counter."

Although the ACOG recommends that women continue to get routine screenings for cervical cancer and sexually transmitted diseases, it made clear that a pelvic exam is not necessary and should not be required to get oral contraceptives. Further, it found that women can competently and safely evaluate their own risk factors by using a checklist. (Imagine: treating women like grown ups.) Some women will prefer to discuss family planning with a doctor, and that's fine. Let it be their choice, not a requirement,

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In addition to its safety, the pill works, but only if it's used. But women can't take what they can't get with reasonable convenience.

The ACOG noted that unintended pregnancy "remains a major public health issue" in this country; OTC birth control pills would "improve access and use, and possibly decrease unintended pregnancy rates."

The Center for Disease Control estimates that 50 percent of all pregnancies are unplanned. Studies suggest that OTC birth control pills could cut that number in half, which has huge public health implications: For a young girl trying to finish high school, the ability to buy the pill OTC could allow her to escape poverty.

Every abortion stems from an unwanted pregnancy. Pro-life Republicans therefore should support making birth control pills accessible. Those who have moral objections to contraception should consider that the prescriptive status of the pill has no bearing on the morality of using it.

Access to birth control pills is particularly important for states like Kentucky with large rural areas and a shortage of medical providers. Finding and getting in to see the doctor is difficult and time-consuming — even if the doctor's visit is "free" under Obamacare. Forcing women to see their doctor for a birth control pill prescription wastes the time of patient and doctor and makes it harder for everyone else to get seen.

It's important to note that the issue of paying for birth control pills is wholly separate from the issue of whether it is medically necessary to require a prescription. Insurance companies could still cover the cost.

Regardless of who pays, making the pill available OTC will drive the price down. There are approximately 100 versions of the pill. Making contraceptives available over the counter should cause prices to drop and products to improve. The allergy medicine Zyrtec, for example, cost $90 a month by prescription 20 years ago. Now a year's supply of the generic OTC costs $30. Deregulation and competition save consumers money.

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The U.S is way behind the rest of the world on this issue. Most countries allow women to buy oral contraceptives without prescription. That makes the U.S. less free in this regard than, for example, Kuwait. How bizarre that it's easier to buy the pill in Kuwait than in America.

Under current federal law, the pill cannot become available OTC until the pharmaceutical manufacturers so request. Gardner's legislation encourages them to apply by waiving the filing fee and providing priority FDA review. Big Pharma needs to be encouraged, strongly, to apply now. After a half century of use, there is no need for expensive, time-consuming studies. If pharmaceutical companies don't apply, Congress should revise the relevant statutes to allow consumers to make the request.

Republicans don't want to outlaw birth control. To the contrary, let's make it cheaper and easier for women to obtain.

Another Take on the "Unity" Dinner

Fascinating how two people can attend the same event and perceive it so differently.  I blogged previously about one friend's take on the Lincoln Day "Unity" Dinner. (Scroll down.)  Today, I heard a different take from another friend.

This Republican described the crowd's reaction as "polite."  "People clapped and stood at the appropriate times."  He thought the Bevin video on McConnell was funny but too late. A year too late. At this point, he viewed it as useless.

The crowd struck him as subdued for a state-wide Lincoln Day dinner in an election year. He said many privately expressed angst about Bevin's nomination.

For the down-ticket races, however, he sensed considerable enthusiasm. My friend speculated that Alison Ball and Whitney Westerfield will be the beneficiaries of money and volunteer time that normally would be directed to the top of the ticket.  His sense was that although everyone or nearly everyone who attended the dinner will vote for Bevin in November, for many Republicans, that will not extend to giving Bevin time, talent and treasure.

Bevin Unifies Party

Matt Bevin apparently surpassed expectations at tonight's Republican Party Lincoln Day Dinner, unofficially billed as the unity dinner.

Although I did not attend, I am told by a long-time party activist -- who donated to a Bevin rival in the primary -- that Bevin's performance was so good, it made him green with envy.

Bevin began with a video that made the crowd roar with laughter. Importantly, however, the humor was tasteful and respectful of McConnell, while poking fun at Bevin's perceived lack of support for McConnell.

 The self-deprecating video began with Bevin in bed, waking up to his alarm . . . wearing his Team Mitch shirt.  When his wife asks him to take it off so she can wash it, he peels it off to reveal . . . another Team Mitch shirt in a different color. The video also included a vignette on Bevin, like a besotted teenager, talking to McConnell on the phone, saying "No, you hang up." I am told people were laughing so hard they were crying.

At the video's conclusion, the crowd gave a standing ovation.  More importantly, this crowd of Republicans, two thirds of whom voted for someone else, were surprised and delighted. Many had not expected to actually like Bevin or be enthusiastic about his candidacy to this extent

Bevin then followed up with a speech strong on conservative policy solutions for Kentucky's problems.. He underscored the consequences of Republicans failing to win the governor's mansion.  As Bevin put it, there is the Right Way, and there is the Con-way.  It's a little corny, but Bevin made people excited about his candidacy who had not contemplated that as a possibility. This was a crowd who would have shown up in the polls in November to vote for the Republican nominee, Bevin or not.  He had their vote, but now, he has their support, and that means manpower, expertise, connections and maybe donations.

You can view the video below:




"Happy Together" from Steven Reese on Vimeo.

Let's Support the Republican Nominees

Matt Bevin was not my first choice. But I have no doubt that he would be a much better governor than Jack Conway.  At last week's Jefferson County Lincoln Day Dinner, Bevin gave an outstanding speech.  Amidst a group of strong speeches, he stood out. Apparently he did that at Lincoln Day dinners across the state.

Bevin was a much-improved candidate this time, compared to his run against Mitch McConnell.  Whoever has been coaching him has added a polish and discipline that was not there previously.  He is telegenic and articulate. I like what he says on the issues.

 Many of us feel like we don't know Matt Bevin. And yet when I see his family, I can't help but smile. It takes a certain selflessness to adopt that many kid; I know at least that much about him, and it's a good start.

I am really excited about Bevin's running mate, Janeen Hampton, What a compelling life story. She  illustrates how conservative principals empower people to escape poverty. She gave a great speech last night and I look forward to hearing much more from her.  

Here's my unsolicited advice for Bevin. Having chosen to become the standard-bearer for the Kentucky Republican Party, Bevin would be well-served to show some respect to the man who made Kentucky a two-party state:  Mitch McConnell.  Bevin's willingness to do that will determine whether McConnell Republicans merely vote for him or go further -- write checks and walk precincts. It's time for a McConnell-Bevin Bourbon Summit.

The Benefits of Seniority

This illustrates why it was so important for Kentucky to reelect Mitch McConnell.  I have a client whose business is heavily dependent on Medicare reimbursement.  Recent federal legislation to fix the rates for physicians had the unintended effect of delaying reimbursement for my client. As the delay dragged on, the cash flow for his business dried up to the point that he could not meet payroll. He was going to have to close his business. Two hundred jobs in a very poor part of the state were jeopardized,

My client reached out to McConnell's office and within two days, a high-ranking official from CMS had called in response. The situation has now been resolved.

Any U.S. Senator would have tried to help a constituent in this manner.  The fact that Kentucky's U.S. Senator is Majority Leader, however, allowed my client to get the relief he needed in two days.  When was the last time you heard of anything getting done that fast in Washington?

McConnell's seniority saved two hundred Kentuckians from losing their jobs. We are so, so fortunate to have Mitch as our senator.

Allison Ball For Treasurer

Allison Ball has my enthusiastic support for the Republican nomination for State Treasurer -- and has since she announced last year.

I first met Allison at a Women For Team Mitch event during the Senate primary. She gave an outstanding speech. Allison is soft-spoken and petite, so it is startling to hear her speak in public: she is a firebrand, bare-knuckled conservative.

I have kept in touch with Allison at Federalist Society events. She is so committed to the ideals of the Federalist Society that she has traveled from Prestonsburg to Louisville just to make our luncheon events. (For any non-lawyers who aren't aware, the Federalist Society promotes limited government, rule of law and personal responsibility.)

Allison's hard work in the party is such that at the Jefferson County Lincoln Day dinner the other night, Allison got the biggest round of applause -- even though she's from the other end of the state. She is well-known and well-liked among active Republicans, which is why she should win the primary handily.

I am grateful for her willingness to serve and see State Treasurer as the first of many positions of  public service she will hold in the Commonwealth.