So that’s why some Kentucky tea partiers are suing to cancel his actions.

In the first court hearing yesterday, Beshear’s attorney called into question the plaintiffs ability to sue which in the law is referred to as “standing.”

“The only way they have standing is if there is an expenditure of state tax dollars,” Beshear’s attorney said. “The exhibit to their complaint, which is controlling, identifies there are no net increases to state dollars being spent, so they don’t have standing.”

First, state run exchanges are required by the federal ACA law to have a navigator program. Navigator programs are prohibited from using federal funds to operate in a state exchange.

That’s the first point.

The second is the ‘exhibit to their complaint’ contradicting plaintiff claims of state expenditures is Governor Beshear’s own executive order. So the Governor of a state wants a lawsuit against him filed by taxpayers dismissed because they contradict a document he wrote.

Can’t make this stuff up.

The first hearing in Franklin County Circuit court of Adams v. Beshear, over shutting down the Kentucky Exchange, will take place at 9am ET. Shortly thereafter, lead plaintiff David Adams will file a second lawsuit to force a reversal of the state’s intention to accept the optional Medicaid expansion.

First, Adams v. Beshear became Adams, Cloyd and Durand v. Beshear. Michael Dean, of Irvine, Kentucky, then joined the plaintiffs as attorney on the case. Some credit Dean’s aggressive legal tactics with prematurely ending the political career of former state Senator Ed Worley.

Dean’s first act on the case was to challenge the constitutionality of KRS 12.028 which brings Attorney General Jack Conway into the fray, essentially as a very uncomfortable witness for the prosecution.

The strategy works like this: in his original executive order, Governor Steve Beshear claimed KRS 12.028 gave him the authority to set up a permanent ObamaCare exchange all by himself which it clearly does not. Dean is challenging the constitutionality of the statute itself so that the Attorney General must either argue it is clear and doesn’t allow the governor to set up the exchange or that it is vague and violates Sections 27, 28 and 230, which also prohibits the governor from setting up the exchange. Jack will only be called on to testify if the judge doesn’t first throw out Beshear’s odd claim of authority under the law.

If that doesn’t happen, Jack is in a box either way he goes. And so is Governor Beshear’s illegal and unconstitutional Kentucky Health Benefit Exchange.

Sarah Durand, President of the Louisville Tea Party, has represented liberty issues on the state and national level extremely well for several years.

Dawn Cloyd would probably be president of the Lexington Tea Party if there were such a thing. Her boundless zeal in supporting free markets and free people has also been an inspiration to many.

These extraordinary women bring significant intellectual and organizational firepower to this effort merely by lending their names to it. Stay tuned for more exciting updates.

“I believe the government should focus on keeping firearms out of the hands of criminals and those with mental issues that could cause them to be a threat to society,” McConnell said in a press release.

This is the same kind of faulty reasoning that leads big government politicians like McConnell to support anti-liberty legislation like the Patriot Act and NDAA. The Second Amendment says the right to keep and bear arms “shall not be infringed.” There are no “ifs and buts” and there is no wiggle room in the Second Amendment.

If Senator McConnell thinks he has figured out some magical way to keep guns out of anyone’s hands, let him take a timeout from gun-grabbing and list-making and explain to us just how that is supposed to work.

Governor Steve Beshear’s immediate response suggests he knows he has a problem. He said through a spokeswoman the Constitution of the Commonwealth of Kentucky grants him authority to create a new bureaucracy that taxes and spends without legislative approval and the the Affordable Care Act is the law of the land.

“If Governor Beshear really believes the Constitution grants him the ability to usurp legislative authority on this or any other matter, he should state which section of the document does it because no one else sees it,” Adams said. “There is no reason for Beshear to hide behind spokesmen and attorneys on such a fundamental issue. His silence speaks volumes.”

Posted below is the text of the lawsuit:

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION ___

CIVIL ACTION NO. 13-CI-______

David Adams                                                                                                                       PLAINTIFF,

v.                                                                             COMPLAINT

COMMONWEALTH OF KENTUCKY,                                                                            DEFENDANT

OFFICE OF THE GOVERNOR

Serve: Governor Steven L. Beshear

Office of the Governor

700 Capitol Avenue, Suite 100

Frankfort, KY 40601

—————————————————————————————————————————

Plaintiff, David Adams, for his Complaint against Defendant, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, respectfully states as follows:

I.             NATURE OF ACTION

1.             This is a civil action for declaratory and injunctive relief relating to Governor Beshear’s Executive Order 2012-587 filed July 17, 2012. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear from continuing to establish the Kentucky Health Benefit Exchange (“exchange”) given the Kentucky General Assembly’s refusal to grant him proper approval for doing so.

2.             Time is of the essence in resolving this issue because the Kentucky Health Benefit Exchange is scheduled to begin operation on October 1, 2013. Continued delay in limiting the Governor’s activities in this matter to within the scope of Kentucky law sets a terrible precedent for ignoring legal limits on executive branch authority to protect Kentuckians’ rights in seeking and pursuing their safety and happiness as explicitly guaranteed by the Kentucky Constitution.  Further, costs associated with creating a state-run exchange can not be easily avoided unless the Commonwealth quickly informs federal authorities of our inability to agree to properly establish an exchange.

3.             The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to David Adams.

4.             As a result of the actions of Governor Beshear and the General Assembly, David Adams respectfully seeks injunction against Governor Beshear’s executive order establishing the Kentucky Health Benefit Exchange until such time as Governor Beshear receives legislative approval as required by Kentucky law.

II.            THE PARTIES

5.             David Adams is a citizen of the Commonwealth of Kentucky.

6.             Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.

III.          JURISDICTION

                7.             Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).

IV.          FACTUAL ALLEGATIONS AND BACKGROUND

                A.            Patient Protection and Affordable Care Act

8.             On July 17, 2012 Governor Beshear filed Executive Order 2012-587 to create the Kentucky  Health Benefit Exchange and implement an optional provision of the federal health reform law, namely a state-run health benefit exchange. Governor Beshear cited one statute as giving him authority to take this action, KRS 12.028, but failed to receive approval of the General Assembly as explicitly required by this statute. Additionally, Governor Beshear cited “the Constitution of the Commonwealth of Kentucky” as somehow giving him authority for this act, without specifying any particular section. One might speculate that he meant Section 80, which grants him authority to call a special session as this is the only remaining option for him to gain the required approval prior to the October 1, 2013 Kentucky Health Benefit Exchange start date, but such action is no more likely to gain Governor Beshear such approval than the recently concluded 2013 General Assembly session.

V.            CLAIMS FOR RELIEF

9.             David Adams seeks declaratory relief pursuant to KRS 418.040. David Adams seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Governor Beshear’s attempt to implement provisions of Executive Order 2012-587 without receiving the necessary legislative approval and David Adams’ rights as a citizen to protection from “absolute and arbitrary” government power guaranteed by Section 2 of the Kentucky Constitution.

10.          David Adams seeks injunctive relief pursuant to rights protected by Section 2 of the Kentucky Constitution. David Adams seeks a judicial determination that Governor Beshear has not received necessary legislative approval to implement the provisions of Executive Order 2012-587.

VI.          PRAYER FOR RELIEF

WHEREFORE, David Adams prays for relief as follows:

1. David Adams requests the court enter a judgment declaring Governor Steve Beshear did not receive necessary legislative approval to implement provisions of Executive Order 2012-587 and that since no proper authority exists for establishment of the Kentucky Health Benefit Exchange all operation and planning for subsequent operation must cease until such time as Governor Beshear receives necessary legislative approval.

Respectfully submitted,

David Adams

121 Nave Place

Nicholasville, KY 40356

859-537-5372

Plaintiff

As the wind has shifted, so, of course, has Sen. McConnell. In fact, he took a break recently from caving in on the next debt ceiling deal to post a web site promoting a “Team Mitch” rewards program. Featured items include a War on Drugs protective helmet (for entertainment purposes only) and a Stimulus Package, complete with a broken window and coupon for a free pretzel at a mall near you.

It seems, however, not everyone is impressed with this latest offering (click to read):

It’s a different story, however, if you ask Senator Rand Paul and Representative Thomas Massie.

In the last 24 hours, Senate and House bipartisan majorities both passed the Continuing Resolution to keep government operating through the end of the fiscal year on September 30. With a Democratic Senate and President, this power of the purse is the only congressional bargaining chip to stop ObamaCare.

Senator McConnell was joined by Reps. Ed Whitfield, Brett Guthrie, Hal Rogers and Andy Barr in throwing away this leverage. Sen. Paul and Rep. Massie did not follow suit. Democratic Rep. John Yarmuth also voted against the bill, but he is upset that it doesn’t spend even more so he doesn’t even count.

Kentuckians want ObamaCare repealed. Even more Kentuckians will want it gone when they start to feel more of the effects of it this fall. Those who played go-along-to-get-along on this may come to regret their trepidation pretty soon.

At issue is a bizarre Kentucky law requiring anyone wishing to start a moving company to receive permission from all existing moving company in order to join the marketplace. Wildcat Moving is already appealing to the federal courts on constitutional grounds, but the fight should not be necessary.

Senate Bill 132 would fix the law in favor of common sense, but House Transportation Committee Chairman Hubert Collins declared the bill dead last Thursday. Tomorrow is the last regular day of the 2013 General Assembly. Please call House Speaker Greg Stumbo or any other member of the House of Representatives at 1-800-372-7181 and tell them it’s not government’s role to destroy new businesses and new jobs to arbitrarily protect other special interests.