Monday, May 24, 2010

The First Victims of Obamacare

From the day Barack Obama took office, the Obama administration and Democrats in Congress have been obsessed and possessed.

Everything took a back seat to passing Obamacare.

And other transformative legislation and regulations intended to turn us into the failing West European economic model.

Because "he recognizes his place in history long before he has created history."

Nitty gritty governance?

Not of interest, not historic, not transformative, not done.

The most historic administration "since the Great Depression" watched and waited and twiddled its thumbs and dawdled and ditherered and yawned and blamed others and did little when it counted most in the ongoing Gulf oil spill.

The psychological infirmity which gave rise to the obsession with transformation has left this nation weaker abroad, a laughingstock to every tinpot dictator with a Twitter account, a debt-engine heading for a cliff, in a jobless quagmire, and

with its first victims.

Saving a brown pelican from the oil spill











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Related Posts:
Is It His Katrina Yet?
"Eight Days In April," by Paul Krugman
"Limited Federal Government = No Government" (or something like that)

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Sunday, May 23, 2010

If Only

The Washington Post on Elena Kagan:
Kagan's version of middle-age seems stuck in a time warp, back when 50-something did not mean Kim Cattrall or Sharon Stone, "Cougar Town" or "Sex and the City."
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Specter's Legacy

When Arlen Specter switched parties in April 2009 in order to avoid a near certain loss in the Republican primary, it was not hard to guess the outcome, as I did:
Specter has become a caricature of the self-interested politician who hides his need for fame behind lofty talk of principles. More than anything, I feel sorry for Specter at a personal level, because we are watching someone going through his last hurrah. And the fact that he sold out the principles he spoke about just weeks ago regarding preserving the two-party system, demonstrates how pathetic Specter has become in his quest for a legacy. Unfortunately for Specter, his legacy will not be what he thinks it will be.
Now, having lost the Democratic primary, Specter's legacy is written in stone, and it is not good. From The NY Times:

But after the long campaign that ended his career on Tuesday, Mr. Specter, 80, may be remembered more for switching to the Democratic Party after 44 years as a Republican, a brazen act of political jujitsu that rarely ends well. For the moment, his legacy has been boiled down to a teachable moment on the perils of such maneuvers, especially so late in life....

“He has been a serious and consequential senator for three decades,” said Thomas Mann, a longtime Congress watcher at the Brookings Institution, “yet mostly ungenerous words come to mind: driven, tenacious, arrogant, self-righteous, opportunistic.”

And now, Mr. Mann said, Mr. Specter’s legacy is “his insistence at 80 years of age to do everything possible to try to stay in office.”

Nice job, Arlen.

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Gringo Mask - Yeah, This Should Work

Gringomask.com appears to be a real, not spoof, website in protest against the Arizona immigration bill. (h/t)

The site proposes that as a protest people wear a mask featuring a blond-haired white person's face (image right). According to the website:

The objective of this action is to dignify and support the Hispanic community, with the firm intention of taking it to the streets and confronting Arizona’s statute SB 1070. Proud of where we come from, and what we do and are for this country.
These people need lawyers, not masks.

Because wearing a mask in public is illegal in many states, so the wearing of the Gringo Mask in and of itself would be grounds to be stopped by the police (and a resulting identity check?).

In many states, these laws grew out of the desire to have a legal basis to prohibit the wearing of hoods at Ku Klux Klan rallies. In New York, interestingly, the law "can be traced back in substance to legislation enacted in 1845 to thwart armed insurrections by Hudson Valley tenant farmers who used disguises to attack law enforcement officers." (Citation, at 10)

New York Penal Law § 240.35(4), which has been upheld by the federal Court of Appeals (in a decision in which now Justice Sotomayor participated) makes it an offense of "loitering" for a person to be masked in public:
Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities.
Here is a list (a/o 2005) of states which criminalize the wearing of masks (Arizona is not on the list, having repealed its anti-mask law in 1978).

I wonder, though, whether in states like Arizona where it is not illegal to wear a mask, the wearing of a mask combined with other factors, e.g. walking into a bank, could provide grounds at least to question someone.

So while "driving while brown" or "looking Hispanic" or any of the other alleged grounds for racial profiling remain illegal as a basis for stopping and questioning someone, wearing the Gringo Mask could be a lawful ground in many states for a police officer to question someone.
The Gringo Mask, another bad idea gone bad.

Saturday, May 22, 2010

Saturday Night Card Game (Joan Walsh's Epistemic Opening)

This is the latest in a series on the use of the race card for political gain:

Joan Walsh at Salon.com sought to atone for her prior use of the race card, in this observation (h/t James Taranto) in this column, Asking the wrong question about Rand Paul:
I'm coming to regret using the term "racist" about the Tea Party. "Racist" is a personal insult, and it's almost as impossible to prove it as to disprove it. It's not a terribly illuminating term, either: If you call me a racist, you haven't really described anything I've done that's objectionable. You've just somehow designated me, and my so-far unchallenged arguments, outside the pale, so to speak.
If we are to call people our for the false accusation of racism, then we should credit them for recognizing the error of their ways.

Walsh's observation (not necessarily anything else she says in the column) pretty much is the point of the Saturday Night Card Game series.

The accusation of racism is the liberal mechanism for ending the debate on an issue, to put an argument outside the pale without addressing the merits.

The race card is the most common symptom of the disease of left-wing epistemic closure.

I like Taranto's description:
But we have argued for years against the pernicious practice of falsely imputing racism to one's opponents in order to discredit them--a practice so common among liberals that entire academic subspecialties are devoted to it. It is tremendously encouraging to see someone of Walsh's persuasion acknowledge the point.
More from Taranto in this audio podcast on Rand Paul and Joan Walsh.

Now I'm waiting for the other people highlighted in this series to admit the error of their ways, so we can have honest policy debates without the trash talk which is the race card.

Come on, Charles Blow, Norah O'Donnell, Chris Matthews, Max Blumenthal, Sheldon Whitehouse, Harry Reid, Joy Behar, Matt Taibbi, Jesse Jackson, John Cole, Digby, Southern Poverty Law Center, Jesse Taylor, DownWithTyranny, and Oliver Willis.

If Joan Walsh can do it, so can you. At least try. Pretty please.

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Saturday Night Card Game

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Sick of It

You can run, but it's too late to hide anymore:

President Barack Obama is trying to ride the wave of anti-incumbency by taking on an unpopular politician steeped in the partisan ways of Washington.

It doesn’t matter that George W. Bush left office 16 months ago.

The White House’s mid-term election strategy is becoming clear – pit the Democrats of 2010 against the Republicans circa 2006, 2008 and 2009, including Bush.

Pathetic and weak:

Some Democrats would like Obama to shift his argument.

“The president needs to indict not simply Bush or even Republicans. He is a visionary thinker, and his rhetoric should reflect that,” said Democratic strategist Paul Begala. "I want President Obama to make a consistent, compelling indictment of conservative ideas.”

That should work, in a country dominated by people who self-identify as conservative.

How about this for a Democratic campaign slogan, "You people are stupid, so just shut up and do as you are told."

Or better yet, "You people are ignorant racists, blah blah blah blah." Fail:

Boston and Los Angeles were among the first to announce boycotts of Arizona, but 68% of Americans say it’s a bad idea for other cities or states to boycott Arizona over its new immigration law.

A new Rasmussen Reports national telephone survey shows that only 14% of Adults think it’s a good idea for cities or states to join that boycott. Ten percent (10%) don’t care one way or the other, and nine percent (9%) more are undecided.

Forty percent (40%), in fact, say they would avoid doing business with any city or state that boycotts Arizona. Forty-three percent (43%) disagree and would continue to do business with boycotting cities or states. Seventeen percent (17%) aren’t sure.

Fifty-five percent (55%) of voters nationwide favor passage of a law like Arizona’s in their own state. When asked specifically about the chief provision of the Arizona law, support is even higher. Sixty-nine percent (69%) of voters believe a police officer should be required to check the immigration status of anyone stopped for a traffic violation or violation of some other law if he suspects the person might be an illegal immigrant.

It worked in 2008, but lightening doesn't strike twice.

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Can We Get Back To Talking About Lying Politicians?

Can we get back to Richard Blumenthal.

Remember him? The DEMOCRATIC candidate for Senate whose multiple lies about serving in Vietnam over the course of multiple years dominated an entire 24 hour news cycle.

The guy whose dissembling of his own words was Clintonesque in the extreme, as in "it depends upon what the meaning of 'in' is."

The guy around whom DEMOCRATS are rallying so strongly you'd think he had abused an intern.

The guy for whom it was not enough to be an academic and political superstar, he had to be a war hero as well.

The guy who was rescued when Rand Paul discussed, quite honestly, the dilemma of balancing individual freedom of association and speech with the need for racial equality and non-discrimination.

Can we please get back to talking about politicians who look you straight in the eye and lie?

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Related Posts:
The Irony of the Rand Paul Kerfuffle
Blumenthal Defense: I Didn't Lie All The Time
"I Did Not Serve In That Country, Vietnam"

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Friday, May 21, 2010

The Irony of the Rand Paul Kerfuffle

I'm glad I spent most of yesterday traveling, so that I missed much of the blogospheric tsunami regarding Rand Paul's libertarian views on the virtue of the federal government banning racial discrimination in private businesses.

Where I come down on the issue is that the history and entrenched nature of racial segregation and discrimination both by government and by the private sector in some areas of the country necessitated government action, such as the Civil Rights Act of 1964.

As anyone who reads this blog knows, I do not equate limited government with no government, which is the strawman argument frequently raised to attack conservatives. While in an ideal world we could have let the market work out discrimination in private businesses, the world was not ideal.

I acknowledge that there is a slippery slope of government intrusion, such that protecting civil rights ends up with regulations mandating the purchase of private health insurance and restricting how much salt one can put on one's food. The existence of a slippery slope, however, does not mean that necessary societal steps are not taken at all.

Regardless of one's political philosophy, however, there was no justification for the attacks on Paul as a racist. Paul was very clear in his original statements and subsequent clarification that he was against racism even in private businesses, the issue being one of political philosophy as to how racism was to be eliminated.

The nature of our political debate is such that Democrats' official strategy for the 2010 campaign cycle is to find wedge issues, and there is no bigger wedge in our society than the issue of race. This did not start with Rand Paul; it happens on issues such as health care, immigration and almost every political issue.

The charges of racism against Paul will have little political effect because Democrats have cried wolf so often using the race card that charges of racism in politics have become background noise for most, and counter-motivators for many who resent falsely be called racist.

While Memeorandum filled almost its entire home page with blog posts on the subject, I'd be willing to venture a bet that the vast majority of people in the country are hardly aware of the dispute, and do not care because the issue was settled several decades ago.

But I do also think there is enormous hypocrisy here, because it is Democrats who perpetuate institutionalized race-based discrimination through affirmative action programs which include the color of one's skin as part of the decision-making process. This may be legal in certain circumstances, and may even be desirable to remedy historical imbalances, but it is discrimination nonetheless.

The irony is that it is Republicans and Tea Partiers who hold most true to Martin Luther King, Jr.'s dream of a nation where people were not judged by the color of their skin but by the content of their character.

But you wouldn't know it to read Memeorandum yesterday.

Update: We've seen this movie before, A Warning For The Next Scott Brown

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Related Posts:
They Have Nothing To Fear, But Fear Itself
"Limited Federal Government = No Government" (or something like that)
Saturday Night Card Game (When The Race Card Met Godwin)

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This Corporate Campaign Money Democrats Love

When Democrats get on one of their rants about the dangerous effects of corporate campaign money, what they really mean is that they are against corporate campaign money which might support Republicans.

The money which comes from unions to support Democrats is quite alright with them:

At least two influential unions will spend close to $100 million on the 2010 election, with most of those funds going to protect incumbents.

Union officials told The Hill they plan to help endangered members — particularly freshmen — who made politically difficult votes in a year during which an anti-incumbent mood has filled the country.

And the number will be even higher since the AFL-CIO declined to give its figures.

So the next time you hear Obama or other Democrats moaning about the Supreme Court's decision in the Citizens United case, remember ...

It's just politics.

P.S. How about donating some of that money to Central Falls, Rhode Island?

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Has First Public Sector Union Domino Fallen?
Rhode Island City Files For Receivership

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Has First Public Sector Union Domino Fallen?

There is a legal and political drama unfolding in Central Falls, Rhode Island, which has national implications for municipalities suffocating under union contracts and pension obligations, but which has received little attention outside Rhode Island.

As I posted two days ago, the City of Central Falls (whose slogan is "A City With a Bright Future") filed for receivership, the state equivalent of bankruptcy. Rhode Island law does not allow a municipality to file for federal bankruptcy protection, but provides the state receivership alternative.

A temporary receiver was appointed by Rhode Island Superior Court Justice Michael Silverstein, an experienced business lawyer and well-regarded judge.

The Petition (embedded below) for appointment of a receiver details the financial problems, and highlights two items, pensions and union contracts.

First, Central Falls' "actuarial accrued liability" for pensions exceeds $35 million, but there are only $4 million in assets. The annual contribution required by the actuaries for 2009 was $2.7 million, of which the City actually contributed $0. No funds are available for 2010 contributions.

Second, of the $18 million budget, $6.5 million is for employees with collective bargaining agreements. According to The Providence Journal, "City Solicitor John T. Gannon said the city is in the middle of all its municipal employee union contracts. Mayor Charles D. Moreau has been trying to negotiate concessions, he said, but without success."

The implications of the Central Falls receivership are enormous. Under receivership, the receiver has the power to modify all contracts, including union contracts.

Central Falls could be the first union domino to fall, as municipalities see receivership (or bankruptcy, if permitted by state law) as the only viable option to escape unsustainable union contracts. As reported in The Providence Journal (emphasis mine):

“You have just seen the future,” said state Rep. Laurence W. Erhardt, R-North Kingstown. “The very fact that you opened the door to say it is a possibility, a couple other communities may not be far behind.”

While receivership does long-term damage to a city’s bond rating, the move also gives the receiver — named Wednesday was local attorney Jonathan N. Savage — unique power to modify union contracts and other debts.

“You’re getting rid of all the problems that have been created for generations, just by filing for receivership,” said Warwick Mayor Scott Avedisian, adding that he would never support the move for his city. “If you can wipe out an entire generation of contracts, and if Central Falls gets away with that, then what would be the incentive for other communities not to do the same?”

AFL-CIO secretary-treasurer Maureen Martin said a domino effect could be “devastating.”

Expect the court battle -- and the negotiations with the unions -- to be intense, because the stakes are so high. A court hearing is scheduled for June 9 as to whether the temporary receivership will be made permanent.

I will be following this case and will keep you posted.

Central Falls, Rhode Island, Petition for Appointment of Receiver

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Related Posts:
Rhode Island City Files For Receivership
Dem. Legislator Files Arizona-Like Immigration Bill in Rhode Island
Unions Pushing States Toward Broken Promises

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Thursday, May 20, 2010

Behold The Olympic Cyclops

Did I say "massive fail"? Isn't this like a horse designed by a committee?

There have been some pretty awful Olympic mascots, but these have to be the worst, androgynous one-eyed freaks of nature.

You be the judge of the design of Wenlock andMandeville:



Click here for video of the inventors of the Olympic Cyclops. (I would have embedded it but it's an "autorun" video, which bothers some people.)

The most certain sign of the decline of Western Civilization.

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Unexpected Jump In Jobless Claims

"Stocks fell sharply Thursday after an unexpected spike in jobless claims and as global jitters pushed the dollar higher." (via CNBC)

More flesh put on the bone by The Washington Post:

New jobless claims filed last week rose by 25,000 to 471,000, the government reported moments ago, defying predictions that they would drop. It's the largest rise in three months.

The four-week moving average of new jobless claims, which smooths out week-to-week volatility, rose 3,000 to 453,500.

The official U.S. unemployment rate in April was 9.9 percent, up from 9.7 percent in March. But 290,000 new jobs were added to payrolls, encouraging those who believe a recovery is underway.

Today's news is less encouraging. Economists say that substantial new job creation won't happen until the new weekly jobless claims number gets down into the low 400,000s or upper 300,000s and stays there. Right now, it remains frustratingly stuck in the mid-400,000s.
Brilliant minds are thinking, right now, how to spin this as a good thing. Why don't we just call it a "breakthrough month"?

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Jobs Recovery, We Hardly Knew Ya
Media Still In The Tank For Obama, Big Time

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You Mean There's A Legal Insurrection Taking Place?

No one could have seen this coming. From The New York Times, Voter Insurrection Turns Mainstream, Creating New Rules (emphasis mine):

But to suggest that this week’s primaries are just part of the latest revolt against incumbency, brought on by pervasive economic angst, is to miss some deeper trends in the electorate that are more consequential — trends that have brought us to an unprecedented disconnect between, on one side, the traditional shapers of our politics in Washington and, on the other, the voters who actually make the choices.

The old laws of politics have been losing their relevance as attitudes and technology evolve, creating a kind of endemic instability that probably is not going away just because housing prices rebound. Nor is that instability any longer driven only by ideological mini-movements like MoveOn.org or the tea parties, as some commentators suggest. Voter insurrection has gone as mainstream as Miley Cyrus, and to the extent that the parties in Washington take comfort in the false notion that all this chaos is fleeting, they will fail to internalize the more enduring lessons of Tuesday’s elections....

In other words, Tuesday’s results were less about the ideological purging of either party than they were about a rejection of the culture of both, a sense that Washington acts from expedience and little else.

Thanks for telling me.

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This Is Why I Named This Blog "Legal Insurrection"

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Blumenthal Defense: I Didn't Lie All The Time

We really are into dumb territory here, with the Democratic media machine defending Richard Blumenthal on the ground that Blumenthal didn't lie about his service "in Vietnam" every time he spoke about the subject.

The story line arises because earlier in the same appearance in which Blumenthal uttered his famous line about his service "in Vietnam" he also stated that he served "during Vietnam."

As if lying sometimes is excused because one didn't lie all the time.

Media Matters started the defense based on an AP report of the full video, attacking The NY Times for not noting the prior honesty:
So why didn’t the Times include Blumenthal “correctly characterizing his service” in its version of the video? That’s awfully misleading, isn’t it?
Markos Moulitsas, linking to Media Matters, adds "The New York Times apparently now flacks for the NRSC."

Greg Sargent, being a little more reasonable, agrees that Blumenthal's conduct is not excused, but argues:
Even if you don't believe the longer video is exculpatory in any way, as The Times says, there's no conceivable reason for leaving out the fuller context and letting readers make the call for themselves. It seems obvious that when dealing with a story this explosive, you would want to err on the side of more context, rather than less.

This defense is a non-defense. I wonder if Blumenthal would excuse someone being prosecuted by his office for fraud because sometimes the person didn't commit fraud.

Putting aside the illogic of the defense, Allahpundit (with a link to the full video) notes that the defense is not even an exoneration:

The key part comes right at the beginning. If he had said, “I served in the Marine Reserves in Washington during the war” and later said he’d served “in Vietnam,” that would have raised the question of whether he’d simply misspoken. As it is, there’s nothing in the first statement that would lead you to think he hadn’t been in-country; on the contrary, it reads like a textbook example of the sort of deliberate ambiguity the Times accused him of.
I realize Blumenthal is in it to win it and is not going to throw away his chance for the Senate over mere mispoken words.

I imagine Blumenthal with his campaign staff, watching the video play endlessly on television, saying something like:

"Well, we'll just have to win."
Update: One lesson Blumenthal and his media supporters apparently have not learned is that the cover-up can be worse than the crime. More information is trickling out which makes the Media Matters meme laughable (via HotAir):

"I wore the uniform in Vietnam and many came back to all kinds of disrespect. Whatever we think of war, we owe the men and women of the armed forces our unconditional support."

The occasion was the Stamford Veterans Day parade Nov. 9, 2008.

The speaker was Connecticut Attorney General Richard Blumenthal, as quoted by The Advocate.

A trove of potential bulletin board material was unearthed Tuesday by Hearst Connecticut Newspapers from its archives quoting the once seemingly unflappable U.S. Senate candidate on his military record, one that he has been accused of embellishing.

During a May 18, 2009, military board tribute to veterans in Shelton, Blumenthal was quoted by the Connecticut Post as saying, "When we returned from Vietnam, I remember the taunts, the verbal and even physical abuse we encountered."


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Related Posts:
"I Did Not Serve In That Country, Vietnam"
Say Bye-Bye To Conn. Senate Candidate Blumenthal (D)

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Wednesday, May 19, 2010

Rhode Island City Files For Receivership

Central Falls, a Rhode Island city which gained fame when it fired its entire High School teaching staff after unions refused concessions (the unions later agreed), now has filed for receivership, the state equivalent of bankruptcy:

A Rhode Island city facing a severe financial crisis was placed in temporary receivership Wednesday, a drastic step officials said was necessary to balance the budget and restore order.

Central Falls said in a petition for receivership that it faces a $3 million deficit in its $18 million budget, can't afford its pension fund obligations and is hobbled by revenue shortfall and cuts in state aid. The city is in "extreme fiscal stress," the petition states.

"This is a situation that no one wants to be in," City Councilman James Diossa said Wednesday.

Central Falls is the first Rhode Island municipality to seek receivership, said Jonathan Savage, a lawyer who was appointed Wednesday as temporary receiver by Superior Court Judge Michael Silverstein.

The appointment transfers day-to-day operational control of the city to Savage, who specializes in receiverships and says he'll have the authority to recommend the renegotiating of municipal contracts or tax increases.

"Everything that goes on in the city of Central Falls will ultimately need my approval and consent," Savage said.

Updates: The Providence Journal fleshes out the dilemma facing Central Falls, including the fact that it is in the middle of union contract negotiations:

On Tuesday night, the City Council, in a vote of 4 to 1, agreed to pass a resolution that would ask Providence County Superior Court to place the state's poorest city in receivership.

Receivership is the state-law version of federal bankruptcy. In it, the court-appointed receiver has the power to go over the municipality's finances, approve or reject purchases and payments and, if the court approves, change contracts with unions and vendors.

Savage, speaking to a group of reporters in a conference room at his law firm's Pawtucket office, declined to predict what actions he might ask the court to take, from imposing new contract terms or increasing taxes, until he'd had a chance to examine the city's books and consult with representatives of all the parties who might be affected.

City Solicitor John T. Gannon said the city is the middle of all its municipal employee union contacts. Mayor Charles D. Moreau has been trying to negotiate concessions, but without success.

No joke, Central Fall's motto is "A City with A Bright Future."

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Related Posts:
Union Teacher Hangs Obama In Effigy
Dem. Legislator Files Arizona-Like Immigration Bill in Rhode Island

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