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Patients and Physicians working together to protect medical care from "ObamaCare"

We Can Stop Another CMS Administrator (Berwick) Recess Appointment

Posted on April 20, 2011 by admin Leave a comment

“The decision is not whether or not we will ration care. The decision will be whether we ration care with our eyes open.”

Quote by: Donald Berwick, M.D. (recess appointee in July 2010 as Administer of the Centers for Medicare & Medicaid Services (CMS) by President Obama) http://goo.gl/s8E73

The power to make recess appointments is granted to the United States President by Article II, Section 3 of the U.S. Constitution

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions, which shall expire at the End of their next Session.

The President may appoint the person to a position for any length of time whenever Congress is not in session.  The appointed person assumes his or her appointed position without the approval of the Senate.

The Constitution does not specify a minimum length of time the Senate must be in recess before the President can enact a recess appointment.

Theoretically, the Senate must approve the appointee by the end of the next session of Congress or when the position becomes vacant again.  But as with Barack Obama’s recess appointment of Donald Berwick, M.D., the President can withdraw the appointee from confirmation consideration.  Then, as with Berwick, the appointee continues in the position (causing havoc to the Medicare and US healthcare system generally) while the President, Congress, Berwick and even Berwick’s family know that he could never be confirmed.

The intent of the Founding Fathers in Article II, Section 3 was to grant the President the power to fill vacancies that actually occurred during a Senate recess.  And that is precisely where we should return.

Both “Republican” and “Democrat” Presidents have ignored the Founding Fathers intent and replaced the original intent with a liberal interpretation, using the clause as a means of bypassing Senate opposition to controversial nominees. Presidents expect that opposition to their recess nominees will lessen by the end of the next congressional session.

Has that worked with President Barack Obama’s recess appointment of Donald Berwick, M.D. as Administer of the Centers for Medicare & Medicaid Services (CMS)?  Nope.  The Berwick appointment is seen for precisely what it is – a “subterfuge.” That is why Berwick’s final confirmation is so unlikely that Obama will not pursue it.

What other Presidents have used or abused the recess appointment privilege?

President George W. Bush placed several judges on United States courts of appeals via recess appointments when Senate Democrats filibustered their confirmation proceedings.

Judge Charles Pickering, appointed to the Fifth Circuit U.S. Court of Appeals, withdrew his name from consideration for re-nomination when his recess appointment expired.

President Bush appointed Judge William H. Pryor, Jr. to the bench of the Eleventh Circuit Court during a recess, after the Senate repeatedly failed to vote on Pryor’s nomination.

President Bill Clinton appointed Bill Lan Lee as assistant attorney general for civil rights. That recess appointment became controversial when it became clear that Lee’s strong support of affirmative action would lead to Senate opposition.

President John F. Kennedy appointed Thurgood Marshall to the U.S. Supreme Court during a Senate recess after Southern senators threatened to block his nomination. The full Senate later confirmed Justice Marshall after the end of his “replacement” term.

President Theodore Roosevelt took liberal advantage of the recess appointment privilege.  Roosevelt made several recess appointments during successive one-day Senate recesses.

Now the big question – what are we as a country going to do about a new Administrator of CMS?

Are we going to allow President Obama to ignore the intent of our Founding Fathers again and bypass the Senators that were sent to Washington, D.C. to represent the people?  That is precisely what Obama did with Berwick and the results have been horrific.  Berwick envies the U.K.’s healthcare system, universal healthcare single payer system and rationing of medical care.

We must demand that our Senators stop President Obama from abusing the recess appointment privilege.  The role of CMS Administrator is too important as our country is in the process of redesigning the medical care system.  It is not the time for “politics as usual.”  I don’t care how many other Presidents have interpreted the privilege “liberally,” the practice of using the office of POTUS to further personal agendas must stop now.

Have you got your Senator on speed dial yet?  Make sure he or she is ready to return to D.C. at a moment’s notice to stop a CMS Administrator recess appointment.

Posted in Donald Berwick, Obama Care, Responsible Health Reform

Would Getting Rid of Donald Berwick, MD Mean the End of ObamaCare?

Posted on April 11, 2011 by admin Leave a comment

Lest anyone think I was exaggerating, Berwick has written that the British health-care system is “more likely to succeed” than the American one; that he feels “an optimism about the [British] NHS [National Health System] that is hard to find in the UK nowadays”; that he thinks “nationalized health care was a wise choice in 1948 and that it remains so now”; that “the social budget” — the social budget! — “is limited”; and that “[t]he decision is not whether or not we will ration care — the decision is whether we will ration with our eyes open.” This is who President Obama wants to have running Medicare, Medicaid, and significant portions of ObamaCare.

In July 2010, President Obama bypassed Congress and appointed Donald Berwick, MD to run Medicare and Medicaid.  The White House communications director said the “recess appointment” was needed to carry out the new health care law. The law calls for huge changes in the two programs, which together insure nearly one-third of all Americans.

According to the New York Times, President Obama decided to act because “many Republicans in Congress have made it clear in recent weeks that they were going to stall the nomination as long as they could, solely to score political points,”  said Dan Pfeiffer, White House Communication Director.

As a recess appointee, Dr. Berwick will have all the powers of a permanent appointee. But under the Constitution, his appointment will expire at the end of the next session of Congress, in late 2011.

On March 11. 2011, The Weekly Standard confirmed Politico reports that “Senate Democrats have given up on confirming Don Berwick, MD as CMS administrator in the wake of a letter from 42 Republican senators opposing the nomination,” as “there’s no way for Berwick to get the 60 votes needed to clear the Senate.”

Weekly Standard writer Jeffrey H. Anderson explains:

Lest anyone think I was exaggerating, Berwick has written that the British health-care system is “more likely to succeed” than the American one; that he feels “an optimism about the [British] NHS [National Health System] that is hard to find in the UK nowadays”; that he thinks “nationalized health care was a wise choice in 1948 and that it remains so now”; that “the social budget” — the social budget! — “is limited”; and that “[t]he decision is not whether or not we will ration care — the decision is whether we will ration with our eyes open.” This is who President Obama wants to have running Medicare, Medicaid, and significant portions of ObamaCare.

So, does America really have to wait until the end of calendar year 2011 to get rid of Donald Berwick, MD when everyone in DC knows he is a “short termer “?  Medicare and Medicaid are effectively on hold while we run the clock out?  Why?

42 Republican Senators wrote to the President.  Are those Senators going to follow through?  Can we get Berwick out sooner or are we going to wait until the 2012 elections? Because that is just plain crazy talk.

Posted in Donald Berwick, Obama Care

Comment please: Is HR 3400 a viable alternative to ObamaCare?

Posted on April 8, 2011 by admin 2 Comments

We can’t schedule a “Twitter Chat” until May because April is chuck filled with religious events (Passover, Easter and probably others that are “insensitively” being overlooked and for that I apologize).  So, let’s do this first “chat” in blog comment format.

Republicans introduced HR 3400 (Empowering Patients First Act) http://www.opencongress.org/bill/111-h3400/show as their alternative to what is now commonly referred to as “Obama Care.”

Representative Tom Price (R GA) sponsored the bill.  The last action on the HR3400 was October 22, 2009.

Is HR3400 just another potential big government mess?

Is HR3400 a viable alternative?  And, if so, why don’t we ever hear about HR3400?

Posted in HR3400, Obama Care, Responsible Health Reform

Conservative Candidates – do you have (virtual) buttons?

Posted on April 7, 2011 by admin Leave a comment

In the age of social media and if conservative candidates expect name recognition, it is time to think about “virtual buttons.”  We, the conservative patriots, want to help get the message out about candidates and their conservative messages.  This site is specifically interested in health care.  But other sites will (should) develop.

“Trump Cares about Health Care in 2012”

“Herman Cain for Health Care Reform in 2012”

Pretty clever slogans, huh?  Okay.  Maybe not.  But you get the point.

Many conservative patriots, tea party members, republicans have personal web sites, blogs, twitter accounts, Face Book pages.  Those patriots’ accounts must have candidate virtual buttons that link to conservative candidate pages.

There is plenty of time, candidate webmasters.  Design some cool buttons for us, offer us links and we will help with name recognition on social media!

Posted in Obama Care, social media in political campaigns, virtual buttons

Conservatives – Head South to Boca Raton Florida on April 16, 2011

Posted on April 7, 2011 by admin Leave a comment

Have you had enough “global warming” of winter?  Do you need some common sense tea party action?  The Tea Party Patriots South Florida Tea Party has the event for every freedom loving American!

I recently had the opportunity to speak with Mr. Everette Wilkinson, State Coordinator of the Tea Party Patriots South Florida Tea Party about an event his group has scheduled for April 16, 2011, in Boca Raton, Florida.

Hello Mr. Wilkinson.  Please tell us about the event and what your group has planned.This will be our 3rd Annual Tax Day Tea Party.  We will have grassroots speakers, music, information.

Having Donald Trump at your event is pretty exciting.  Are you at all concerned that Mr. Trump is too “establishment” for the tea party conservatives?We are excited to be have someone that is not politician but is a national figure talking to us.   People are tired of the typical politician.  We expect Trump to speak from a common sense perspective.

Is health care a concern of the tea party members in south Florida?  Do you have any idea what Mr. Trump’s position is with respect to Obama Care?Health care and Obamacare is a huge issue with tea party members in South Florida.   We look forward to hearing Trump’s position on Obamacare.

Would you like to have tea party members from other states join you in south Florida?Yes, we invite everyone to come.

Thanks a lot for taking the time for talking to Responsible Health Reform.  2011 and 2012 is going to be exciting but very busy years for Florida.  Good luck and please keep us informed on your activities Mr. Wilkinson.  I hope there is a terrific turnout and I look forward to your sending me some pictures for us to post!

The season has started patriots.  Get out and participate in these tea party events.  Support one another.  Support conservative candidates.  Let’s get the momentum going.

Check out the websites Mr. Wilkinson provided and the great quote:

For every one hundred men you send us, Ten should not even be here. Eighty are nothing but targets. Nine of them are real fighters; We are lucky to have them, they the battle make. Ah, but the one. One of them is a warrior. And he will bring the others back.

Posted in Donald Trump, Everette Wilkinson, Florida Tea Party, Obama Care, Responsible Health Reform, South Florida Tea Party, Tea Party Patriots South Florida Tea Party

Posted on April 6, 2011 by admin Leave a comment

Obama threw the gauntlet into the ring yesterday.  He warned the American public that he was running for re-election.  Good grief.

We cannot wait conservative patriots.  We cannot keep the white gloves on until the last minute and let the Obama thugs bully us around, define us and intimidate us.  ”Are you better off then you were 4 years ago”?  Not just no.  ”Hell no.”

America cannot afford another four years of Obama.  We certainly cannot afford a complete restructuring of our medical system.

Obama Care must stop yesterday. We must find candidates at both the federal and state level that are committed to stopping Obama Care.  Who are they?

Who are the United States Presidential Candidates that will stop Obama Care?

Recent Posts We Can Stop Another CMS Administrator (Berwick) Recess Appointment

Would Getting Rid of Donald Berwick, MD Mean the End of ObamaCare?

Comment please: Is HR 3400 a viable alternative to ObamaCare?

Conservative Candidates – do you have (virtual) buttons?

Conservatives – Head South to Boca Raton Florida on April 16, 2011

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