BIG BIRD, SMALL PRESIDENT:  The title of this excellent Wall Street Journal editorial says it all.

OBAMACARE, RECONSIDERED?:  The Supreme Court has given the government 30 days to respond to a request by Liberty University to grant a rehearing on its constitutional claims against Obamacare.  Specifically, because the U.S. Court of Appeals ruled against Liberty on technical grounds that the US Supreme Court disagreed with (the Anti-Injunction Act), Liberty’s petition for rehearing argues that its claims should now be given their day before the Supreme Court.  And Liberty’s claims go well beyond the claims presented in the NFIB v. Sebelius case decided by the Supreme Court this summer.  Specifically, Liberty claims that the individual mandate violates the First Amendment’s Free Exercise Clause, by forcing religiously-affiliated entities to indirectly subsidize abortions, which must be covered by post-Obamacare health insurance policies.

RASMUSSEN: ROMNEY NOW LEADS IN 11 SWING STATES:  By 49 to 47 percent.  The 11 states were won by Obama in 2008 and include Colorado, Florida, Iowa, Michigan, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, Virginia and Wisconsin.

SESAME STREET TELLS OBAMA: STOP USING BIG BIRD:  In one of the dumbest political ads ever, the Obama campaign mocks Mitt Romney for his remarks about ending PBS subsidies.  The ad’s incredible lack of substance (a recurrent theme with Obama’s election bid) seems insulting to the intelligence of the average voter.  Sesame Street apparently doesn’t like being used:

Sesame Workshop is a nonpartisan, nonprofit organization and we do not endorse candidates or participate in political campaigns. We have approved no campaign ads, and as is our general practice, have requested that the ad be taken down.

Ouch– take down by the Street!

OHIO LOOKING GOOD FOR ROMNEY: Ned Ryun over at the Daily Caller claims that despite polls still showing Obama with a small lead in Ohio, absentee ballots and voter rolls purged of the potential fraud suggest a victory for Mitt Romney:

 What has changed are the voter rolls in Ohio. Husted has removed 490,000 deceased voters and duplicate registrations from the rolls. The vast majority of these voters were registered Democrats, and considering Obama won the state by 263,000 votes, Ohio’s cleaner rolls could make a big impact.

These factors, and especially the Republicans’ clear advantage in absentee voting, have been ignored by the media in order to continue their narrative that conservatives can’t win this November. Republicans can win in Ohio if these trends continue and the Republicans mount a strong get-out-the-vote effort

NIGERIANS ARGUE FOR FEDERALISM AND END TO ENTITLEMENT CULTURE:   The current debates in Nigeria over constitutional change center upon the need for stronger federalism and concomitant decentralization of government, with the goal of ending what’s been labeled “feeding bottle federalism‘:

Our peculiar federalism with its indolent culture of entitlements creates a consumption loop that guarantees perpetual dependence on volatile primary commodities. One objective of the new constitution should be to remove the feeding bottle, and jack up the federating units to mature into self-fending adults. Necessity, they say, is the mother of invention. The umbilical cord between government and business is that government relies on business to create jobs and provide revenues. In turn, governments do everything for businesses to thrive. Free money from Abuja has broken this. To restore the umbilical cord and incentive for states to create wealth and hence for entrepreneurial policymakers to emerge, we must wean the system of helpless dependence on the Abuja feeding bottle.

This, my friends, is ironic to say the least:  The same problems exist today in the U.S.  As the Obama administration continues the march toward steady centralization of government power– including the possibility of bailing out irresponsible, overspending states such as California and Illinois– the US is spiraling into the same vortex of dependency and inefficiency that Nigerians are trying so desperately to end.

OBAMA SUPPORTED RESTRICTING “HATE” SPEECH:  In this Daily Caller piece, Charles C. Johnson reveals that as a law student, Obama was a typical Crit (Critical Legal Studies/Critical Race Theory) at Harvard Law, seeing no constitutional problem with laws that prevent “hate” speech:

The 1991 Harvard Law School yearbook quoted the future President of the United States virtually shrugging his shoulders at the thought that non-liberal white students might take offense at restrictions on speech that minority students found objectionable. “I don’t see a lot of conservatives getting upset if minorities feel silenced,” Obama said, flipping the argument around.

ANOTHER OBAMACARE LOOPHOLE:  A former insurance executive has sounded the alarm about how small businesses are likely to avoid the expensive burdens of Obamacare:  self-insurance.  This is when an employer offers a policy to employees, administered by a traditional insurance company, but the employer bears the risk of loss (costs exceeding premiums) itself.  And the kicker is that self-insured plans generally buy “reinsurance” (aka, “stop loss” insurance) that kicks in when losses exceed a certain level.

Most large employers are presently self-insured (to get out from under expensive state health insurance mandates), but until recently, self-insurance was relatively rare for small employers because of the inherent risk involved.

Ah, sweet loopholes!

ASSISTED SUICIDE MONOPOLY?:  An intriguing op-ed in this weekend’s Wall Street Journal by Tadeusz Pacholczyk asks:  Why limit assisted suicide to physician assistance? Why not let police, lifeguards, nurses, or others “help”?  If the end result–suicide– is a societally acceptable good, it should be more freely available.

REPUBLICANS DOMINATE EARLY VOTING IN NORTH CAROLINA:  Some 25,000 North Carolinians have already cast early ballots in their swing state.  Of those voting, the state reports that 13,459 were Republicans, 7,130 were Democrats and 4,630 were unaffiliated.  The pace of early voting is substantially higher than in 2008.

DATING GOING TO THE DOGS:  Apparently your pooch sends not-so-subtle signals about your potential as a mate.  Poodle? High maintenance.  Labrador? Happy and easy going.  Chihuahua?  Nervous and neurotic.  Ladies should get big dogs to attract men; men should get little biddy dogs to attract women.  Go figure.

HOPE & CHANGE, ROMNEY STYLE:  The takeaway from the first presidential debate was–somewhat ironically–a message of hope and change.  But the messenger wasn’t President Obama; it was Mitt Romney.  From his beginning line about the economy (“Yes, we can help, but it’s going to take a different path. . . .  Trickle-down government will not work”), to his final promises and examples of bipartisan leadership, Romney offered a stark contrast between the “hope and change” of President Obama (higher taxes; bigger government; more bailouts, handouts and class warfare) and his own (lower taxes; smaller government; equal treatment of all).  Now that’s hope and change we can believe in.

Another great empty chair cartoon:

IS ILLINOIS TURNING PURPLE?:  An interesting editorial over at Investors’ Business Daily suggests that the presidential race could be tightening enough in Illinois to give Romney a shot at beating Obama in his home state.

OBAMACARE FUN FACT #2:  TRAINING HEALTH CARE PROFESSIONALS FOR “DIVERSITY”:  There is BIG money in Obamacare for all things relating to “diversity,” which is crudely defined as “individuals from disadvantaged backgrounds.”  For example, section 5402–titled “Health Care Professionals Training for Diversity”– appropriates hundreds of millions of dollars to provide and expand scholarships and pay back student loans. Specifically, 5402 provides:

(1) An additional $25 million for paying back the student loans of “disadvantaged background” students– up to $30,000 per year– if they become faculty at a health profession school (nursing; medical schools; PA schools, etc.). The Secretary of HHS may also make grants/enter into contracts with such health profession schools to help subsidize the salaries of hiring such “disadvantaged background” students as faculty.

(2) About $250 million for scholarships to “disadvantaged background” students attending health profession schools ($51 million for fiscal year 2010 and “such sums as may be necessary” for the next 4 years).

(3) About $300 million for scholarships to “disadvantaged background” students who attend health profession schools and then agree to provide service in an “unserved or underserved population” area after graduation  ($60 million for fiscal year 2010 and “such sums as may be necessary” for the next 4 years).

The grand total for these 3 items alone = $ 575 million over a 5 year period.  Breathtaking boondoggle.

OBAMACARE FUN FACT #1:  BREASTFEEDING:  All employers must now provide a “reasonable break time” and a “private place other than a bathroom” for employees to express breast milk for at least one year after childbirth.  Employers with fewer than 50 employees “may” be exempt if they can demonstrate compliance would result in an “undue hardship.”   [Section 4207, Affordable Care Act].

Other than a bathroom?  So a special breast feeding lounge or something?  I have absolutely nothing against breast feeding (quite the contrary), but this is a regulation that the federal government needed to impose on business owners in this economy?  Really?

In addition,in defining the “essential health benefits package” that all health insurance policies must offer (under section 1302 of the Act), the Department of Health & Human Services has issued regulations requiring free coverage of breastfeeding supplies and counseling.

FIFTY SHADES OF SEX TOYS:  Ahhhhh, sweet capitalism.  50 Shades of Grey author, EL James, strikes while the iron is hot (so to speak), partnering with a sex toy manufacturer to offer book-inspired trinkets such as handcuffs, riding crops, and bondage kits. 

ROMNEY BACKS OFF 47 PERCENT COMMENT:  On the Sean Hannity show last night, Mitt Romney said:

Clearly in a campaign with hundreds, if not thousands, of speeches and question-and-answer sessions, now and then you’re going to say something that doesn’t come out right. In this case, I said something that’s just completely wrong. I absolutely believe, however, that my life has shown that I care about 100 percent and that’s been demonstrated throughout my life.

Probably not a bad strategy to try to put the remark behind him with independent voters who are more receptive to Romney after his stellar debate performance.  But of course the comment will be continually resurrected by the Obama campaign, and will certainly come up again in the upcoming VP debate between Biden and Ryan.

NOW THAT IT’S PASSED, NANCY, I FOUND OUT WHAT’S IN IT:  Remember former House Speaker Nancy Pelosi’s comment about Obamacare, “We have to pass the bill so you can find out what’s in it”?  Well, Nancy, I’ve now finished reading the 2700+ page “Affordable” Care Act.  So I’m going to start posting a few of the stranger, little-known provisions for our readers’ enjoyment.  I’m going to call them “Obamacare Fun Facts”– because this should be fun.  Hold onto your hats, folks.

IT’S ILLEGAL TO “DISTURB” A MANATEE:  Could someone please pass a law saying that it’s illegal to “disturb” ME? :)    A woman in Florida caught frolicking with/riding a manatee finds herself referred for criminal prosecution. 

PROGRESSIVE NIRVANA: INALTERABLE, UNACCOUNTABLE “EXPERT” BOARDS:  Such as the Independent Payment Advisory Commission (IPAB) that received a good amount of attention in Wednesday’s presidential debate, and is addressed by George Will’s most recent column.  Will highlights two extremely bizarre aspects of IPAB that get far too little attention:

(1)  The IPAB itself can be disbanded only by a 3/5 supermajority of both houses of Congress, AND

(2)  only if the resolution to disband is introduced between Jan. 1- Feb. 1, 2017, and approved (by 3/5)  before Aug. 15, 2017.  That is a maximum 8.5 month window.  After this time period, any attempt at disbandment is not allowed under the statute.

Of course whether Congress can do #2– prevent itself and future Congresses from repealing an ordinary statute–is debatable. There are likely constitutional challenges that would raise very interesting questions.

But aside from all that, the salient point is this:  Progressives adore “expert” panels like the IPAB because they believe they are better able to make tough decisions about how to cut Medicare spending than our elected representatives.  And they love these unaccountable expert panels so much that they attempt desperate measures like “entrenching” them statutorily, writing language that purports to make these boards hard to repeal–and impossible after a very narrow window.    This isn’t very “progressive” at all, because such entrenchment presumes that future generations can’t govern/decide for themselves, and nothing can ever be altered or improved.  Typical hypocritical, control-freak progressivism.

ALIEN TORT STATUTE & THE SUPREME COURT:  The Wall Street Journal has a great editorial today explaining why the Alien Tort Statute should not be interpreted by the Supreme Court as allowing “jurisdiction by necessity” when other countries’ courts aren’t “available.”  Such a interpretation would create a loophole big enough to drive a Mack truck through.  The Court heard oral argument on this issue earlier in the week, in Kiobel v. Royal Dutch Shell Petroleum, and presumably the Justices are conferencing on the case today.

UNDENIABLE:  ROMNEY 1, OBAMA 0:  Even the lamestream media Obama supporters acknowledge that it was an embarrassing loss for Obama.  And was it me, or did anyone else get the feeling that Obama felt constrained, unable to be himself?  Since his entire campaign has been about dividing Americans into rich vs. poor, white vs. non-white, religious vs. non-religious, etc., he seemed uncomfortable because his audience wasn’t his “base” but the entirety of the American people,  most of whom abhor this type of demographic warfare.  He couldn’t play the race card, the gender card, the class warfare card, etc.  And unfortunately, those seem to be the only cards in his deck. Without them, he’s just defensive and kind of sad.

YES, ANN, TALKING ABOUT RACE IS UGLY (INHERENTLY):  But ask yourself this:  Which side of this political debate is talking about race in a way that suggests that there is an “us” and a “them” that are inherently at odds?  And which side is talking out it in a way that suggests there should be no “us” versus “them”?

The reason the recently released Obama speech video has caused such an outcry is because it has shocked a lot of people (mostly independents) who, in good faith, believed the President would usher in a post-racial era of color blindness.  Not only have the President’s policies over the last 3.75 years failed to fulfill this “hope,” but the new video reveals a man who is far, far from color blindness and an ability to view all Americans equally.

If pointing this fact out is “ugly,” then we simply cannot criticize anything the President ever does or says on the issue of race.  That, to me, is a much greater ugliness, and a dangerous one at that.

CAN AN ILLEGAL ALIEN BE ADMITTED TO THE BAR?:  That’s the question now confronting the Florida Supreme Court.  My favorite line from the story– typical progressive double-speak:  “It wasn’t illegal in the sense of being a criminal,” D’Alemberte said. “But it was not in compliance with the law.”  [Sandy D’Alemberte, a Democrat, is a former president of the American Bar Association who represents the young man petitioning for admission to the Florida Bar].