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Senator Ron Johnson Files Obamacare Suit

RUSH: Ron Johnson is a senator from Wisconsin, and he's gonna file a lawsuit in US District Court in Wisconsin today.  He's avoiding the DC district court, which Obama is trying to pack, and he's claiming that the carve-out for Congress and their staff directly contradicts the plain language of the Obamacare law and that it violates the intent of Congress in passing the law.  He contends also that Obama can only legally change the law by going through Congress.  He points out that the Office of Personnel Management, in order to carry out Obama's orders, had to claim that members of Congress are small business employees.  

The Drive-Bys never reported this.  Let me backtrack a minute.  Late last year, members of Congress in the fall of last year, members of Congress staff who earn up to $174,000 a year, congressional staff anywhere from 90 to $175,000 a year, once they discovered the truth of Obamacare, they said they can't afford it.  Members of Congress' staff, the people that work for congressmen and senators said they couldn't afford it.  Well, just stop right there.  How can you, if they can't?  And they're making 175, or 130, or 140.  So they demanded subsidies.

largeAnd Obama, in order to keep Congress tamed and on a leash, said okay, but the way I'm going to do it is through the Office of Personnel Management, not through the exchanges.  You qualify for subsidies if you earn less than 400% of the poverty level, it's some complicated formula, but they were not subjected to that.  Obama said -- and this is why Johnson's suing -- he does not have the authority, he does not have the power to willy-nilly change or exempt or do anything to this law that changes it.  But he said to members of Congress: I'll get you your subsidies through the Office of Personnel Management, not the exchanges.  

What Johnson's lawsuit has illustrated is that the Office of Personnel Management, in order to carry out Obama's orders, has to claim that members of Congress and their staff are small business employees.  And they're not.  They're government employees.  They are not small businesses.  They are not independent contractors.  They're straight down the line employees.  It's preposterous for them to be considered small businesses.  But that is what they're qualification, their classification has to be in order for the Office of Personnel Management to subsidize their health care.  

Anyway, Johnson says, the legal basis for our lawsuit includes the fact that "the OPM ruling forces me, as a member of Congress, to engage in activity that I believe violates the law. It also potentially alienates members of Congress from their constituents, since those constituents are witnessing members of Congress blatantly giving themselves and their staff special treatment," both of which are clearly true.  I don't think any of this is gonna help him. I don't know what's gonna happen with the lawsuit, but he's nevertheless suing over these Obamacare exemptions for Congress.  And he's making the point that Obama legally cannot do any of this.  And he's right.  Of course, Obama can do whatever he wants if nobody tries to stop him.  And he has.  

This law, as it's being implemented, is nothing like the law that was signed by Obama and passed by Congress.  He's exempted unions and 2,500 other small businesses over certain periods of time, usually leading up to elections and so forth.  It's a disgrace.  It's unconstitutional, it's against the law.  Anyway, Senator Johnson is filing suit.   

Study: All-Nighters Injure the Brain

RUSH: Not only is the concussion news in the LA Times, experts say mom, dad, don't let your concussed teenage athlete do homework.  Here in the Boston Globe: "Pulling an All-Nighter Could Damage Your Brain," just like a concussion.  "While pulling an all-nighter can make you feel completely drained, cranky, and out of sorts the next day, can it actually injure the brain?" Well, a new Swedish study published last Tuesday believes that it might.  

There's a journal called Sleep.  In the small study conducted of 15 healthy young men, they measured blood levels of certain proteins and they found that after acute brain damage like concussions and so forth, the same kind of stuff happens after you pull an all-nighter.  Now, you think this is not absurd?  So no homework if you got a concussion, and an all-nighter, staying up all night, not even studying, just staying up all night, if you're a clubber, it's the equivalent of having a concussion.  

See how this stuff gets started?  (laughing)  That's right.  We need to come up with a new journal, Fear, and have one page in it.  "Everything."  Table of contents, in the journal Sleep, the journal Fear.

George Will Says De Blasio Will Lead to More Conservatism

RUSH: George Will was on Fox News Sunday.  "During a panel segment on Fox News Sunday, conservative columnist George Will was asked if he believed, as some commentators have suggested, that the election of Bill de Blasio to mayor of New York City indicated a resurgence of liberalism. While Will said that he was not sure that it does, he hopes that this is the case because there is no better messenger for conservative principles than liberals in government." 

And therefore George Will said, go ahead, let de Blasio do whatever he wants to do.  Will said that in three years New Yorkers will be begging for a return to a pre-de Blasio New York City.  Now, this is kind of like the theory we heard -- I first heard it in 1992. I had a caller call, "Rush, go on, let Clinton win and the country will find out what a bunch of rotten apples these Democrats are, and they'll never elect 'em again."  And I've heard it every election, "Rush, just let the Democrats win. It will be the best damn thing that could ever happen, if people see --" 

Folks, I don't see this theory saving Detroit.  I don't see this theory saving Illinois.  Why is it gonna save New York?  I understand it intellectually.  Okay, elect a liberal, let him go hog wild, let him go nuts, raising taxes.  The thing is, that's been going on in cities all over this country, San Francisco, Detroit, you name it, New Orleans, and they never throw 'em out.  And the citizens never clamor for anything different.  I'm not aware of it, anyway.  

Anyway, do you think that there's no better messenger for conservatism than liberals in government?  I mean, Obama got reelected, didn't he?  After totally whacking the economy and jobs and destroying health care, Obama got reelected.  

Now, the 2010 midterms stand as a stark exception to that, but I don't know.  I've never thought that that works.  You've got to present people an alternative.  New York just had, what, 12 years of abject meddling in everybody's life, liberalism, and they've asked for even more of it.  They got Bloomberg telling them they can't do this here, can't do that there, can't eat that there, can't do anything.

Can't think that, can't walk there, can't drive here, and they said, "Give us even more," by electing a socialist communist.  I'm not sure the theory holds up. I mean, you could say that it is a strain of illustrating absurdity by being absurd.  But the problem is this isn't illustrating absurdity.  This is canonizing it.  Now, I illustrate absurdity by being absurd.  But this is show, in that sense, and to the humor, the bits we do to illustrate it.

But nobody is governed by it.  It was 12 years of Bloomberg. If this theory that the best thing for conservatism is a bunch of liberals in power, then we should have elected whoever was running as the Republican or conservative in New York after 12 years. But no, the people of New York said, "Not only do we like this, we want even more of it!" I don't think the theory holds out.  

Talk Radio Blamed for Obamacare Failures

RUSH: This story out of Freeport, Florida, which is in the Panhandle, is all about how providing health care in rural areas is really hard now because of talk radio.  
"In this rural part of the Panhandle, Christopher Mitchell finds few takers when he delivers his message about the importance of exploring insurance options under the federal health overhaul.  People in the conservative-leaning area tend to have a bad impression of President Obama's signature law because of negative messages they hear on talk radio or from friends, said Mitchell, marketing director for a network of nonprofit health clinics.  Even for those with insurance, a doctor's visit may require a long drive because there are few providers in the area." 

I guess talk radio's responsible for the long drive.  Talk radio's put a speed limit of 25 miles an hour on the highway, making sure people take a long time to get to the doctor.  And then talk radio called the doctor and said, "Don't be there when the patient shows up. Be on the golf course."  Talk radio is doing all of this.  The point of this is rural people are a bunch dumb hicks who don't know anything, and they're being lied to by people on talk radio, and that's why they don't like Obamacare.  It has nothing to do with the fact that maybe they've tried to log on to HealthCare.gov and it doesn't work. 

Coming Tomorrow: Success Could Cost You Your Health

RUSH: Something for tomorrow, ladies and gentlemen.  It's in the New York Times.  Success could cost you your health.  I'm not making it up.  The headline actually reads, "Can Upward Mobility Cost You Your Health?"  The point of this is, success could harm you.  There is a cost to these resilient people who strive and make it, and you need to know about it.  It may not be worth your time to succeed.  

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