GOP Keeps Cronyism Amendment

Looks like the Republicans in Frankfort have gone native. The conference committee is apparently going to keep the amendment that would exempt litigation from landfills from the requirement of posting a bond for the appeal.

That is shameful.

As I wrote about previously, Jerry Miller had drafted a terrific bill (HB 72) that would force someone who is trying to use litigation to prevent development -- like the West End Wal-Mart -- to have some skin in the game before they file a frivolous appeal after losing at trial.

Bizarrely, Damon Thayer added an amendment to exempt litigation that challenges the creation, operation or expansion of a landfill. The Senate passed the bill with the amendment, which necessitated a conference committee to reconcile the two versions.

The House could have killed the bill altogether upon its return, but instead is going to keep the amendment.

Why are Republicans giving special treatment to litigation for one industry? This is not equal protection under the laws. This is crony capitalism.  Today, the winners are enviro-wackos -- or perhaps competitors of existing landfill operators.

This does little to convince that Kentucky is "open for business." It looks like the same old corrupt favoritism that we have come to expect from the Democrats. How discouraging.

Governor Bevin should veto this hot mess.

Watch Out, Andy Beshear

The Republican Attorneys General Association has voted to target Democratic AGs. In the past, they only became involved in elections in which the seat was open. No longer, according to The Hill.

Of course, that's only an issue if Beshear runs for AG again. He's likely considering running against Gov. Matt Bevin. Because, who else do the Dems have?

So, Now That We're Stuck With Obamacare, It's Time to Look at Prescription Drugs

Sen. Bernie Sanders attracted voters by supporting drug importation. At first glance, it sounds like a way to increase competition and thereby reduce prices.

Alas, when can you count on a socialist to get free market reforms right?

A recent letter to congress from a coalition of conservative and free market think tanks and advocacy groups lays out some of the problems with allowing the importation of prescription drugs into this country:

• R&D funds will be decreased, and thus discourage innovation. 
• lack of FDA oversight would raise safety concerns -- the imported drugs could even be counterfeit.
• this is not really an issue of free trade, because the drugs that would be imported are subject to artificial price barriers in the countries from which they'd be imported. To the contrary, it's the opposite of free trade.
• the way to safely lower prescription drug costs for Americans is to cut regulations and increase competition here. 

Pass Repeal and Replace Already

This bill may well be a merde burger. But Republicans have had seven years to get their act together on what the replacement for Obamacare will look like. Does anyone seriously believe that another month will make for a better product?

People across the political spectrum are unhappy with the bill -- which leads me to conclude it's probably pretty good. If just the Freedom Caucus was upset with it, I'd be more worried. However, moderates and liberals don't like it either. If everyone's mad, that's probably a reflection of the fact that it is a decent compromise.

We know it cannot be any worse than what it seeks to replace.

There are limits to what can be done in the reconciliation process. The trade-off to getting to pass the bill with just 51 votes is that the legislation cannot be as comprehensive as legislation that is passed in ordinary process (non-reconciliation) and thereby requires 60 votes. That's just the reality.

Further, the shortcomings of this bill need not be permanent. Much better to use it as a start and make necessary changes seriatim, in short, focused bills that the publican can understand and support.

I worry that if Republicans do not pass repeal and replace quickly, all the promises and campaign pledges of the past seven years will doom the party. We are out of time on this as a party.

Trump Rocks Freedom Hall

I attended last night's Trump rally at Louisville's Freedom Hall, along with 15,000 of my closest friends. I must admit that I was shocked at the turnout -- which forced organizers to open up extra seating and yet still couldn't hold all the people in line.

The energy was amazing.  After all the progressive bitterness over the results of the election, it was refreshing to be with people who were happy with the outcome and optimistic about the future.

Perhaps that's why the crowd was so polite, even as we waited for hours for the rally to begin and then for at least an hour to exit the parking lot. There was just a lot more good will than one usually sees with a crowd this size.

I was struck by the number of women. We're constantly told that women don't like Republicans generally and President Donald Trump in particular. And yet women came in droves. What the pollsters tend to not report is that the so-called gender gap favors Republicans when marital status is considered:  married women are much more conservative than single women.  Indeed, many (perhaps most) of the the women I saw at the rally appeared to be with their husband. A whole new twist on date night!

The warm-up prior to Trump's arrival underscored the strength of the Republican bench in Kentucky.  Rep. Jonathan Shell served as emcee. Shell was in charge of candidate recruitment -- the key to Republicans winning the Kentucky House for the first time in 92 years. Shell demonstrated last night that he can also give a good speech.

Likewise for Sen. Ralph Alvarado. He was a fitting speaker choice for last night, given his speech at the Republican National Convention and his expertise on Obamacare from the perspective of a primary care physician. He did not disappoint.

Gov. Matt Bevin got a standing O as soon as he walked into Freedom Hall with his big, beautiful family. During Bevin's speech, it is easy to imaging him running for president and doing quite well.

Lt. Gov. Jenean always inspires. I noticed Bevin smiling with pride as she spoke. One line that spoke to me from her speech was when she explained how she grew up in Michigan but came to Kentucky, and said "the long answer is God and the short answer is God,"  or words to that effect.

Sen. Majority Leader Mitch McConnell was on hand to welcome the president. Kentucky would not have become a red state without his leadership. What a transformation he has wrought.

After the warm-up portion ended and the crowd awaited Trump, someone started doing The Wave.  I've never, ever seen that at a political rally. But it was a good idea and a fun way to pass the time and keep the energy up.

Trump's speech covered a plethora of policies and focused less on health care than I expected. He was very gracious regarding Sen. Rand Paul -- a smart move, since this crowd loves Rand.

Trump received a huge ovation for his promise of tax cuts. Interestingly, Trump said that those tax cuts would have to wait until after Obamacare was repealed and replaced. That was brilliant strategically; it makes anyone who delays repeal and replace look like they are delaying Americans' tax cuts.

Clearly, Trump enjoys rallies and seems to have a fondness for Kentucky. Last night demonstrated that the feeling is mutual.

Looks Like Crony Capitalism

After Walmart grew tired of frivolous lawsuits and gave up on plans to open a new store in West Louisville, Rep. Jerry Miller said he would introduce legislation to force those who bring such suits to post a bond for the appeal. It was a terrific response to a ploy by elitists whose litigation deprived a community of desperately needed jobs.

Miller followed through with HB 72 to require the posting of a bond for appeals to the Kentucky Court of Appeals from the Circuit Court. It would apply to those who lost at trial.

The bill, which passed the House, does not apply to churches. That makes sense. Churches don't have the where with all to post a bond, and are not the source of frivolous litigation.

Now, in the Senate, Sen. Damon Thayer has added an exception to the bond requirement for litigation challenging the "creation, operation, or expansion of a landfill."

That is, the amendment would allow enviro-wackos (or competitors of a landfill company) to sue landfill companies without posting a bond. It's an odd exception and clearly an example of the government picking winners and losers:  crony capitalism by definition.

Thayer needs to explain the amendment; give taxpayers the back story.

The Senate needs to pass the bill without Thayer's amendment.

Singling out an industry for different treatment under the rule of law is not the way to convey that Kentucky is "open for business."

Was Trump Tower Bugged?

It would not particularly surprise me, in light of what the Obama administration did to former CBS reporter Sheryl Attkisson. And in light of the IRS targeting "enemies."

What makes me most suspicious is the non-denial denials from Obama's spokesman we heard over the weekend. The language was parsed with a delicacy we have not seen since Bill Clinton opined on the meaning of "is."

We all get that the President of the United States does not have subpoena power by himself. That has to come from a court -- in this case, the FISA Court. It insults the intelligence of the American people to hide behind this technicality.

The FISA Court does not issue subpoenas on its own impulse, or as we say in the law sua sponte. Someone has to apply for the order. And if that person or entity is part of the federal executive branch, than the buck stops with whoever was president at the time: Obama.

Papaw Beshear Responds to POTUS

I was driving and therefore listened to, rather than saw, former KY Gov. Steve Beshear give the Democratic Response to President Trump's joint address to Congress.

Thankfully, Beshear did not use that hokey twang he has tortured us with every times he presented the Kentucky Derby trophy as governor.

It wasn't a terrible speech. But Beshear was a really odd choice -- a reflection of how weak the Democrats' bench is these days. Or as one person put it on Twitter, Nancy Pelosi and Chuck Schumer decided to give a younger kid a chance, so they tapped 72-year old Beshear.

Those of us in Kentucky knew that Beshear's rosy description of Obamacare here was beyond alternative facts: it was an alternate reality.

All those people that Beshear put on Obamacare are on Medicaid -- not the "young invincibles" that Obamacare required to ostensibly pay for itself.

And the vaunted "Kynect" that Beshear boasted about  -- just a state version of the national exchange  and web site. To be sure, Beshear did a better job of it than the federal government, but only because the federal roll out was a disaster. Moreover, Beshear spent scarce money creating something he did not need to create, because Kentucky could have used the federal exchange. Indeed, that's what is happening now that Gov. Matt Bevin has abolished Kynect.

So it was a lot of smoke and mirrors.

I had to laugh that Beshear hosted a FaceBook live chat with his son, KY Attorney General Andy Beshear. Apparently this is to help groom Andy to take on Matt Bevin for governor. Good luck with that.

Elected Officials Should Show Up to the Town Halls

I was disappointed that Sen. Marco Rubio announced that he will not attend town halls because the left will show up and scream at him.

It doesn't matter. Suck it up and go; it's part of the job. Not going looks cowardly.

Sen. Tim Scott gives a better example of how to handle the town halls:  show up, but be smart. Lay some ground rules. Scott prohibited the use of signs and asked for questions to be written. Scott is relentlessly polite even to those who seek to vilify him. Eventually, he either wears people down or wins them over.

I think it's also reasonable for the town halls to be limited to actual constituents who live in the district rather than astroturf that's been brought in from outside.

It's important for Republicans to understand, however, that not all of these protesters are paid astroturf. Some are voters who are still irate that their side lost. It would be a mistake to not recognize that this mindset extends, for example, to leftists here in Jefferson County.

Republicans better get cracking on the repeal and replacement of Obamacare, or else they will start to see protests at town halls -- from the right.

ICYMI: My C-J Column on "Blue Lives Matter" Bill

Reprinted with permission of the Courier-Journal, and apologies for the format - I will try to fix later.

The Kentucky House last week demonstrated that sometimes the best intentions can lead to bad and unnecessary laws. Take House Bill 14, a bill to extend Kentucky’s hate crime law to first responders: police, firefighters and EMTs.

Currently, Kentucky’s hate crime statute provides for a judge to impose stiffer sentences for offenses committed against a person or property because of the victim’s race, color, religion, sexual orientation or national origin. But not yet first responders.

First responders risk their lives to keep us safe. The overwhelming majority are people of integrity — legitimate heroes. They deserve our respect and gratitude. The desire to pass legislation that honors them is understandable.

Louisiana was the first state in the country to enact a “blue lives matter” amendment to its hate crime statute after police officers were ambushed there. House Bill 14 sponsor Rep. Kevin Bratcher (R-Louisville), however, resists that label as divisive

The bill passed 77-13 with one abstention from Rep. Phil Moffett (R-Louisville). And on On this issue, Moffett is spot on.

Moffett wrote on Facebook that he opposed the bill “not because I have any level of disregard for first responders. I appreciate them all. Their service is absolutely necessary, and during protracted periods of time, unappreciated.

“I abstained because hate crimes are unconstitutional in my opinion. Hate is thought. Making certain thoughts a crime is antithetical to personal liberty and freedom. If we can’t think freely, can we really speak freely? I don’t believe so.”Moffett also pointed out the difficulty of applying the law consistently and the impossibility of measuring hate. He stated his preference that all hate crimes be taken off the books

Moffett also pointed out the difficulty of applying the law consistently and the impossibility of measuring hate. He stated his preference that all hate crimes be taken off the booksFirst responders protect us from violence to our person or property so that we can live our lives peacefully and free to pursue our own particular vision of happiness, so long as it’s lawful.

Equal protection under the law, moreover, requires first responders treat the public with neither favoritism nor discrimination.

Too Bad About Michael Flynn

I'm glad that Michael Flynn resigned quickly. Once it became clear that he had given wrong information to Vice President Mike Pence, it was inevitable that he had to go.

Hopefully it ends here.

And for all those Dems who are chomping at the impeachment bit -- do they not understand that Pence is even more conservative than President Trump?  Indeed, he's more conservative than just about anyone. Someone should warn the Dems to be careful what they wish for.

It's kind of like when the Dems were salivating, first for Trump to run, and second for him to win the Republican nomination. How'd that work out for ya?

Why I Cheered For Tom Brady

Normally, I don't care much for professional football. This year, however, I cheered for Tom Brady and the Patriots because I was offended at the left's attempt to force Brady to disclaim his friendship with President Donald Trump. Likewise for the Patriot's owner, Robert Kraft.

An essential component of liberty is that people can be friends with whomever they choose. That's why freedom of association is included in the first amendment. It's entirely inappropriate, therefore, for the political correctness police to tell Brady and Kraft that they cannot be friends with Trump.

Good for Brady and Kraft for not succumbing to that pressure.

The irony is that if their relationship with Trump had been something other than platonic, the left would protest any interference with it as homophobic.  For some reason, the left extends a tolerance to sexual differences that it will not extend to ideological differences.

I don't know anything about Brady's or Kraft's politics. I don't take their friendship with Trump to necessarily endorse everything he says or does. Friends can agree to disagree, to keep certain subjects off the table.

That's becoming increasingly difficult to do, because when it comes to Trump, liberals are like a dog with a bone. They cannot let it go.

UC Berkely's Stuck in the 1960's

The demonstrations at UC Berkely last night in response to Milo Yiannopolous's scheduled speech looked like a throw-back to the anti-war protests of the 1960's.

The left was trying to shut down Milo's speech -- more of the free speech for me, but not for thee we've come to expect from progressives. These people demand tolerance for everything except an opposing viewpoint.

As I watched the anarchists literally try to burn everything down, I couldn't help but think that the school should lose its federal funding. When I clicked on the Daily Caller this morning and read that President Donald Trump had threatened to do just that, it was like he was reading my mind. That's a large part of why Trump was elected; he frequently says what ordinary people are thinking.

No, I'm not talking about the gaffes or the Billy Bush interviews. I think that because he has not spent his professional life as a politician, he reacts to things viscerally the way regular people do.

God Bless Judge Gorsuch

I was thrilled with President Trump's nomination of Judge Neil Gorsuch to fill the seat of the late Justice Antonin Scalia.

Any of the judge's on Trump's list of 21 would have been outstanding. I particularly like the way Judge Gorsuch writes -- which was one of my favorite things about Scalia. Likewise for Kentucky's own Judge Amul Thapar, who not only made the list of 21 but in fact made it to the final four; he also has a way with words that transforms an otherwise dry legal opinion.

I am one of the many voters for whom the Supreme Court was the most important issue in casting my vote for president. Trump kept his promise.

And I expect he will do so again after the end of the Supreme Court's term this June.

I was similarly impressed by the announcement last night. It was very dignified. The presence of Maureen Scalia was poignant, and yet it was upbeat. It felt historic.

MY C-J Column in Which I March Off the Feminist Reservation

Reprinted with permission of the Courier-Journal. Drawing all sorts of hate on Twitter, etc.  Liberals cannot stand a conservative woman who does not adhere to feminist orthodoxy.

The Women’s March on Washington and copycat marches last week consisted of thousands of women of good will and an indeterminate number of moonbats. They marched notwithstanding that American women have it much better than millions of women around the world. If the marchers had been men, progressives would have told them to “check their privilege.”

Instead, the marchers promoted the falsehood that American women are downtrodden victims. Someone remind these women that it has been illegal for employers to pay women less than men for the same work for 50 years.

Many women drove themselves to the march or came by Metro. That would not be possible in Saudi Arabia, where women are forbidden to drive or even ride mass transit. Nor can they wear make-up, mix with men to whom they are not related, swim, play sports or try on clothes before buying.

If Ashley Judd and Madonna truly want to demonstrate how gutsy they are, they should go to Saudi Arabia to reprise their speeches from the march. Of course, only men would see them. And Judd and Madonna would just confirm the Saudis’ assessment of America’s depraved culture.

To anyone who misconstrues Judd and Madonna as exemplifying American women, know this:  they do not represent most of us. Indeed, many of us are embarrassed by them. Portions of Judd’s “nasty woman” speech were so lewd and disgusting that I cannot even quote it. Yet she complains about language that disrespects people.

Question for the University of Kentucky:  are you sure you still want to feature Judd at your basketball games? It would be interesting to know how much, if anything, Judd donates to UK for those great seats.

Question for Ashley Judd: will you reconsider your decision not to run for office as a Democrat in Kentucky?  Please?

Women appeared to march for an array of issues that animate the left: Obamacare, immigration, LGBTQ rights, Black Lives Matter, abortion, climate change, equal pay.

The timing of the march — the day after the inauguration — reflected outrage that Hillary Clinton lost the election. Leftists attribute that loss to sexism, rather than the reality that Clinton was a terrible candidate who wanted to recycle failed policies.

It’s disappointing to lose a hard-fought election. But if Romney or McCain supporters had marched to “resist” the election of President Barack Obama, they would have been labeled racists.

Judging from the signs in the coverage of the march, many marchers support abortion rights and federal funding for Planned Parenthood. Indeed, pro-life organizations were banned from partnering with the march’s organization. That made clear that the march was not intended to and did not reflect the broad, diverse viewpoints of women.

On the other side of the world, China still limits the number of children parents can have. While some American women march for the right to “terminate” unborn babies, Chinese women are denied the right to have as many babies as they want — and the right to protest.

► Read: Peaceful march in D.C., but with a call to action

Back at the march, those hand-knit pink “pussy hats” that the marchers wore made a great visual, especially in the aerial photos. The hats were intended to contrast with the red “Make America Great Again” hats worn by Trump supporters, and to allude to the Billy Bush interview. To each her own, I suppose.

And then there were the women who wore costumes of giant vaginas in need of a bikini wax. It’s an odd choice for women who complain about being objectified and supposedly want to be taken seriously.

Imagine the left’s reaction if Clinton had won and men marched dressed as giant penises. Of course, it would never happen. And that’s the difference between the two parties. No wonder the radical left doesn’t play so well in middle America.

► Read: For Kentucky women, D.C. march just the start

Those vagina costumes and “pussy hats” must have taken a lot of time and effort to make. For those who are not crafty, a one-size-fits-all vagina costume may be purchased for $149 online. What a luxury to have spare time and money for such accouterments.

Compare that to the lives of women in developing countries who spend their days looking for food and clean water, trying to avoid becoming victims of genital mutilation or human trafficking, just wanting to worship free from persecution.

The women in the giant vagina costumes have exalted a body part to a symbol, but they have failed to articulate what it’s supposed to symbolize. Fortunately, not everyone with “lady parts” embraces this left-wing ideology. That’s why, in the end, the march changed nothing. Clinton still lost.

Trump Hits the Ground Running

It's so refreshing -- watching an elected official follow through on his campaign promises. We have seen it in Kentucky this past year with Gov. Matt Bevin. And we saw it in the Commonwealth's legislative session, where the first Republican majority in the House in 92 years passed right to work and repealed the prevailing wage.

And now we are witnessing President Donald Trump using executive orders to undo the mess that President Barack Obama created, by executive order.  Note to Democrats:  live by the sword, die by the sword.

I've been really impressed with the administration's vigor in honoring its campaign pledges. Like Bevin and the Kentucky House, Trump was elected to do specific things and he is actually doing them. And doing them swiftly.

Forgive me for belaboring the point, but it's not something that we've seen among our elected officials in a really long time. Then again, Obama did put us on notice that he wanted to "fundamentally transform"our country. And he did, just not in a good way, but perhaps not in a permanent way.

Thoughts on the Inauguration

President Donald Trump's inauguration felt historic to me and worthy of celebration, so I opted to watch it with a group of women. We toasted him with mimosas and agreed that the moment was meant to be shared. I say this as a counterpoint to the women who took to the streets the next day in their "pussy hats."  Women are not a monolith. Many of us are quite pleased with the outcome of the election. Indeed, Hillary Clinton only won 54 percent of the women's vote.

As for the inaugural speech, it did not strike me as "dark", as the media characterized it. It was a well-written and well-delivered. Trump was matter of fact about the reality that many Americans have been facing for many years. That is his particular gift:  he sees and hears the ordinary man and woman.  He doesn't like what he sees when it comes to the hardships they face -- made worse, in many instances, by government itself.

It was startling to see the president criticize those who were sitting on the podium with him. As I reflected on that, however, it seemed to me as more adult and honorable than the time-honored practice of bashing people behind their backs. Trump is nothing but forthright.

Sen. Chuck Schumer's speech was just bizarre. I was surprised to see him speak at all -- I don't remember that from previous inaugurations. He went on way too long. Neither I nor my friends could figure out what point he was trying to make. Sure, it's poignant to talk about the death of soldier in service to his country. I just couldn't see how that related to Trump's inauguration.

My sons were in the audience and said that the crowd was very polite, with exception of one lout who blew a whistle during the inauguration. Security quickly attended to him.

I commend Hillary Clinton for attending. I cannot imagine how hard that was.

The prayers and readings were a welcome reminder to pray for our new president and our country.  God bless America!

Prayers For Bush 41

And Barbara Bush as well.  God bless you and heal you!

Obama Never Ceases to Amaze

The Chelsea Manning pardon is such an outrage it makes one wonder whose side this administration is on.

Manning committed treason, for which he could have faced the death penalty. Now the Obama administration has shaved his sentence by 80 percent.

Then there is the spectacular hypocrisy regarding WikiLeaks:  if John Podesta's embarrassing emails are leaked, that's a basis for questioning the legitimacy of the election. But if national security information is leaked -- that puts Americans lives in danger -- it's no big deal, apparently because the leaker is "transitioning.'

Friday cannot come soon enough.

Another Solid Trump Appointment

President-elect Donald Trump has appointed my friend Rod Rosenstein as the number two at the Department of Justice.

President George W. Bush appointed Rod U.S. Attorney for the District of Maryland, and the Obama administration never replaced him.

The Washington Post gives an overview of the outstanding job he has done as U.S. Attorney. I'd add to that that I have known Rod since law school, and he is a really good guy -- as well as a true conservative.

It's an outstanding appointment, for a department that needs some serious house cleaning.