United Liberty

In the great state of Texas, it is legal, almost mandatory, to defend your home with deadly force from armed intruders. If someone attempts to climb into your window in the deep, pre-dawn darkness at 5:30 am, you would be justified in shooting them, right? In almost all conceivable cases, yes. Especially in Texas.

But what if the intruder turns out to be a member of a SWAT team attempting a no-knock drug raid on a search warrant? We’re about to find out, but it could mean the death penalty.

Marvin Louis Guy of Killeen, Texas and a female companion opened fire on several men entering their home through windows and doors, killing one and injuring another. The intruders turned out to be members of a SWAT team composed of Killeen police and state organized crime investigative officers who were serving a warrant based on tips from an informant that there was drug trafficking going on in the residence.

Given that it was a “no-knock” raid, the residents did not know that it was law enforcement officers entering their home. No-knock raids are often conducted on search warrants for drug trafficking suspicion to prevent hardened criminals from attacking the cops when they are announced. It didn’t quite turn out that way this time.

The Texas Medical Association is stepping up where the Veterans Affairs system is failing.

The TMA announced this week they were starting a registry where private physicians could say whether or not they would accept veterans in their offices. The list would be given to community groups and VA health system officials. This is after The Daily Beast reported the Central Texas VA was being run like a “crime syndicate” so executives could get bonuses.

It isn’t the first time the non-profit group has suggested private doctors take care of veterans. They pressed the American Medical Association to tell President Barack Obama and Congress that military members deserved to have health care outside of the VA system.

Texas doctors aren’t the only ones doing this. Cooper University Health Care also announced this week they’d be starting a program to help veterans get access to care. Their “Cooper Veterans VIP Priority Program” is promising to deliver same-day service to veterans needing treatment. That’s down from the 25-day wait period veterans were having in the New Jersey VA system. Vets needing to see a specialist had to wait 45 days.

Earlier this month, President Barack Obama visited Dallas, Texas to give a speech in front of supporters in which he tried to pressure Republican governors to expand Medicaid, a government program that covers people who make below 138% of the federal poverty line.

“We were just talking on the way over here that in addition to signing people up for the marketplaces so they can buy private insurance, part of the Affordable Care Act was expanding the number of working families who would qualify for Medicaid,” President Obama told supporters.

“Here in just the Dallas area, 133,000 people who don’t currently have health insurance would immediately get health insurance without even having to go through the website if the state of Texas decided to do it,” he said. “There’s over $500 million just for this county that would come in to help families get health insurance — has nothing to do with the website — if the state of Texas made this decision.”

“And your neighboring states have made that decision because they look at it and they say, this is a no-brainer, why would not — why would we not want to take advantage of this,” he added.

The fact that President Obama gave this speech in Texas, home to the country’s largest uninsured population, isn’t a coincidence. Seeking to capitalize on the state’s large Hispanic population, there is a big push by activist Democrats with help from the party to “turn Texas blue.” Part of this effort is to pressure Texas politicians, including Gov. Rick Perry, to accept Medicaid expansion, which is part of the Obamacare.

On Monday, Arizona Governor Jan Brewer signed into law the state’s budget opting in to the ObamaCare Medicaid expansion program.  It was the capstone of a long, hard fought battle by Gov. Brewer to impose the expansion on the state of Arizona and its startled citizenry.

How did we come to the point where a Republican governor in a conservative state would stake her political career on choosing to implement ObamaCare’s massive expansion of the welfare state?

ObamaCare Medicaid Expansion is Optional

PPACA Section 2001 expanded Medicaid up to 133% of the federal poverty line.  It also provided federal funding for the increase as follows:

(A) 100 percent for calendar quarters in 2014, 2015, and 2016;
(B) 95 percent for calendar quarters in 2017;
(C) 94 percent for calendar quarters in 2018;
(D) 93 percent for calendar quarters in 2019; and
(E) 90 percent for calendar quarters in 2020 and each year thereafter.

Then came the Supreme Court’s ruling on the individual mandate in NFIB v. Sebelius.  Chief Justice Roberts inexplicably upheld the mandate as a tax, a holding that will forever define his legacy as having abandoned originalism.  But there was one minor victory for the states:

You may have heard about the recent slaying of a Texas district attorney and his wife in their home. It follows the brazen daylight killing of a prosecutor in the same county, and it has everyone on edge. This is what local law enforcement is going through:

The judge was on the phone.

“Yep, I said I’ll do anything,” Bruce Wood told the person on the other end, rubbing his forehead. “They asked me to do a eulogy. I don’t know what I’m going to say.”

Elsewhere in the Kaufman County Courthouse, a sheriff’s deputy was handing out bulletproof vests. “I brought the smallest one,” he said to a secretary, who stared at the khaki armor as he explained how to adjust the side straps should the need arise. “These have the neck for a female.”

Outside, two armed guards escorted a white-haired judge from his parked car to the mirrored doors of the yellow brick courthouse in a county where little seemed the same anymore.

“Judge! How are you doing?” shouted a reporter.

“Everybody is making do as best as we can,” he said.

Ted Cruz, who was backed by the Club for Growth and FreedomWorks, has won the Republican nomination for United States Senate in Texas, defeating Lt. Gov. David Dewhurst in the runoff last night by roughly 12 points:

Ted Cruz, the former solicitor general supported by the Tea Party, defeated long-time Lt. Gov. David Dewhurst, R-Texas, in a primary runoff that effectively decides who will serve as the next U.S. Senator from Texas.

The Associated Press called the race for Cruz the first 22 percent of votes counted showed him with 53 percent support, as Roll Call noted, despite Dewhurst loaning himself over $24 million during the primary.

Cruz received strong support from Tea Party figures such as Sarah Palin and Sen. Jim DeMint, R-S.C., whose Senate Conservatives Fund spent $1.3 million on behalf of Cruz and raised another $700,000 for his campaign.

“This is another victory for conservatives and it shows that the Tea Party can still defeat the Republican establishment if it wants to,” said Senate Conservatives Fund executive director Matt Hoskins. “This wasn’t a fluke. Ted Cruz was massively outspent in a state of 25 million people and he still won. If conservatives can win a race like this in Texas, they can win anywhere.”

Governments do one thing well.  They make things illegal.  They have done so with startling efficiency since before the ink was really dry on the Constitution.  Unfortunately, despite their best efforts, they fail to understand the fallacy of legality.

The idea itself isn’t really that hard to comprehend.  Most know it on some level at least.  That idea is that the legality of an act only matters to those inclined to follow the law.  By definition, those that will run afoul of a law aren’t likely to follow laws in the first place.

Where the fallacy of legality kicks in is where government enacts laws in the name of public safety.  For example, take the old Texas law that forbid Suzanna Hupp from taking her gun into a diner where she was eating with her parents.  Hupp was inclined to follow the law because she was law abiding.  Unfortunately, George Hennard wasn’t so inclined.  He rammed his pick-up truck into the diner and began to shoot patrons.  Two of the dead were Hupp’s parents.

Honestly, this isn’t a difficult thing to comprehend.  Unfortunately, we see far too often that those we elect to “lead” don’t grasp the basic concept.

Laws exist as grounds for people to know what is acceptable and what isn’t, not as a way to hamstring the law abiding but as grounds for the non-law abiding to understand they are crossing the lines of decency.  They should serve as the expectations of what humans should do.

For example, laws against murder don’t hamstring the law abiding (despite smart remarks to the contrary).  Instead, the level an expectation that people should not kill and that those who fail to comply will be punished.

Since 2003 a number of states have passed laws requiring some sort of ID to be shown when a person goes to vote.  Proponents of the laws present them as a way to stamp out voter fraud; opponents decry the laws as a way to prevent minorities or the poor from voting, as they are most likely to not have acceptable ID.  The battles have waged not only in legislatures but in courthouses as well.  Wisconsin’s law was just struck down by a judge and Texas’ law is being challenged by the DOJ.

For a libertarian, it seems like both sides of the argument have been a little disingenuous.  Voter fraud has yet to be shown to be anywhere near as widespread as Republicans would like us to think, though this could be because it has heretofore gone undetected.  And showing a form of basic ID, often provided at no cost to the voter, is a very low bar and one that is gladly accepted when doing numerous other activities - even buying alcohol or getting into a bar.

So we are left to sit outside and try to figure out which side to take.  On one hand, for those libertarians who believe in voting, the integrity of elections is very important.  We need to ensure that elections accurately represent the will of voters.  On the other hand, though, it is important that no one is prevented from voting for illegitimate reasons.  If the laws are an underhanded attempt to disenfranchise certain groups, as opponents say, they are problematic.

Mitt Romney has been hitting his key opponent, Rick Perry, relentlessly for his decision to allow undocumented immigrants to receive in-state tuition in Texas. Romney even made the issue into a campaign ad:

The former Massachusetts governor has stated that the educational benefits offered by the state of Texas act as an incentive to draw more undocumented immigrants across the border:

“You put in place a magnet — you talk about magnets — you put in place a magnet to draw illegals into the state, which is giving $100,000 of tuition credit to illegals that come into this country. And then you have states, the big states of illegal immigrants are California and Florida. Over the last 10 years, they’ve had no increase in illegal immigration. Texas has had 60 percent increase in illegal immigrants.”

Now we learn, via the LA Times, that the healthcare reform that Governor Romney ushered in during his tenure in Massachusetts, colloquially referred to as RomneyCare, contained a provision that provided public aid to undocumented immigrants:

The Massachusetts healthcare law that then-Gov. Mitt Romney signed in 2006 includes a program known as the Health Safety Net, which allows undocumented immigrants to get needed medical care along with others who lack insurance.

Just like in 2008, the Club for Growth is putting together a series of white papers on candidates running for the Republican Party’s presidential nomination. We’ve already covered their reports on the records of Newt Gingrich, Tim Pawlenty, Herman Cain, Mitt Romney, Jon Huntsman, Ron Paul and Gary Johnson. Next under the knife is Rick Perry, who has served as Governor of Texas since 2000.

Perry has certainly shaken up the race for the GOP nomination for president and dominated media coverage during his first week on the campaign trail. His campaign is being driven by conservatives and tea partyers wary of Mitt Romney, who they see as a flip-flopper and someone who laid the blueprint for ObamaCare. But does Perry have the fiscal record for conservatives and libertarians to get behind? You be the judge.