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CCHF Health Freedom eNews

July 23, 2014


SCORE: Freedom 1. Obama 1.

Will the Rule of Law stand? Yesterday's split court rulings on the legality of IRS-issued Obamacare subsidies through the federal exchange shows the battle at hand.


Obamacare supporters are already plying propaganda tactics to try to shape the final outcome. For example, check out the methods insurance expert Robert Laszewski uses in his blog:


  1. IGNORE TRUTH: Laszewski never admits that legislation is painstakingly written to avoid interpretation. Instead he says about the restriction of subsidies to state exchanges, "At worst, this is clearly a drafting error..." Not true. Obamacare has ZERO funding for a federal exchange. Obama's plan was 50 state exchanges. The bait was taxpayer subsidies.


  1. OMIT FACTS: He writes, "I don't recall a single member of Congress, Republican or Democrat, who believed that if [states didn't build an exchange] those states would lose their subsidies." But few if any Members, including former Speaker Nancy Pelosi, read the bill.


  1. FLIP-FLOP CHALLENGE: Daring Supreme Court Chief Justice John Roberts to go against his previous 'pretzelized' support for Obamacare, he writes: "It is hard to see how a Roberts' Supreme Court would finally deal Obamacare so serious a blow given that the Court upheld one of the core elements of the law."


  1. GENERATE FEAR: Rather than admit Obama's IRS is illegally issuing subsidies, and desperate to soften the resolve of Republicans, Lazsewski writes: "The political consequences for all of these people losing their subsidies and their coverage would immediately shift to the Republicans who control these state governments."


  1. FALSE CLAIMS: He concludes, "[B]elow the surface lots of sensible Republicans must be sweating bullets." No, those sweat droplets are coming from the White House, the DNC, and the hands typing his blog post.


Here is what happened yesterday. The D.C. Court of Appeals ruled 2-1 in Halbig vs. Burwell that a plain reading of the law means the federal exchange ( cannot issue federal premium subsidies. This means no subsidies in the 36 states without a state exchange, and no penalties because the individual and employer mandates hinge on the availability of subsidies.


In King vs. Burwell, the Virginia Court of Appeals ruled 3-0 that the subsidies can be issued by the federal exchange, because the language is "ambiguous and subject to multiple interpretations." Although Obama will appeal for an en banc hearing by the D.C. Court of Appeals (all nine judges including the three he appointed last year), expect both cases to end up in the U.S. Supreme Court in 2015.


Don't miss the Halbig ruling on "legislative supremacy":


"Within constitutional limits, Congress is supreme in matters of policy, and the consequence of that supremacy is that our duty when interpreting a statute is to ascertain the meaning of the words of the statute duly enacted through the formal legislative process. This limited role serves democratic interests by ensuring that policy is made by elected, politically accountable representatives, not by appointed, life-tenured judges."

In short, the American Rule of Law is at stake. If the written words of a statute mean nothing and interpretation means everything, America has no law. Whoever "interprets" the statute can make up the law as they go.


Obama has been caught in his failed commandeering scheme. No federal exchange was planned and states can't be forced to build and fund state exchanges. But will appointed judges rule to support the Rule of Law under the U.S. Constitution -- or Obama's "Whatever I Say It Says It Says" Rule?  Take Action:  tell your governor and state legislators (and candidates) to refuse to build or fund a state exchange.



In freedom,


Twila Brase, R.N., PHN

President and Co-founder




News to Know:

Enrollees Dropping Like Flies

Analysts project that 24% of Obamacare recipients will drop their health plans (or be kicked out for lack of payment) in 2015, resulting in a $1 million revenue decrease. The remaining recipients will experience new assessments and fees to offset the deficit. The Colorado health exchange may be in financial straits. It no longer receives federal funding, and Exchange board members harbor concerns about a lack of reserve funds.

Accident Waiting to Happen

On July 1, 2014 six vials of lethal smallpox virus were found in "an unguarded cardboard box in a storage room" in an unused facility on the NIH campus, eleven miles from the White House. The forgotten vials were prepared in 1954. This is not the first incident. In 1979, a year after a lab accident caused a death, 12 unrecorded vials were found. The CDC recently testified to a "pattern of an insufficient culture of safety" and is scouring their inventory for more unrecorded vials. Meanwhile, researchers debate over destroying or keeping the world's remaining small pox vials for future research. CCHF warns of related dangers from government-lethalized superbugs. The DC-based The Hill discusses CCHF's news release.

SHOCKER: 33% Have RFID Tracking Chips

Approximately 1 in 3 Americans are carrying a Radio Frequency Identification (RFID) microchip according to the Wyoming Institute of Technology (graphic by WIT). The most common location is in tooth fillings.  RFIDs have been used in wildlife ecology and conservation to identify and track animals.  It is unknown however how often RFIDs have been implanted in people for ID and tracking.  "More investigation is required to understand the significance of this finding," wrote the study's authors. Indeed!

U.S. House Puts Genetic Privacy at Risk

The U.S. House voted to reauthorize federal funds for state newborn screening programs, but didn't require parent consent for the DNA storage, use and research many states are involved in. In most states parents can opt out of newborn screening for religious reasons, but Nebraska and West Virginia disallow exemption. Rhode Island has correlated DNA with academic records, using a $50 million Race to The Top Early Learning federal grant for the project. H.R. 1281 now goes to the U.S. Senate for final vote.

Remote-Controlled Birth Control?

A new method of birth control raises a host of ethical issues. Contraceptive microchips, which will undergo tests next year, are implanted under a woman's skin, are viable for 16 years, and can be activated or deactivated via remote control. Proponents of Bill Gates' idea say the chip would be more convenient to women than traditional contraceptives. They claim chips are immune to government snooping, angry boyfriends, and hacking.

Medicaid-Dependent Hospital Closes

Following a trend, North Carolina's Pungo Hospital, a 25-bed hospital providing more limited services for impoverished counties, closed this month. State lawmakers' refusal to expand Medicaid eligibility under Obamacare contributed to the downfall of this federally-designated Critical Access Hospital. This hospital was the towns' largest employer, and its closure creates a deficit that may require a 10% tax hike on town residents. Vidant Health will replace the hospital with a 24-hour urgent care center. The nearest hospital is now 30 miles away, which meets the 30 min/30 miles access standard states like MN and TN have declared adequate.

Federal Crime Against Veterans & Taxpayers

Despite being under fire for deaths due to long waiting times for care -- and for hiding the requests for appointments of 57,000 veterans -- the pay grade classification system of the U.S. Department of Veterans Affairs has overpaid 13,000 employees, some for 14 years. In addition, new employees were overpaid by $24.4 million, excluding benefits, in the past 9 months alone. These funds could have hired 5 neurosurgeons, 10 psychiatrists, and 5 suicide prevention managers. Federal law protects the salaries of current employees, who will continue to receive overpayments for years to come.

Hobby Lobby Decision Stands

U.S. Senate Democrats wasted no time trying, but in the end, they failed to overturn the recent U.S. Supreme Court's Hobby Lobby ruling for religious freedom. The heavy-handed legislation would have removed employer health plans from the purview of the long-standing Religious Freedom Restoration Act (RFRA) that President Bill Clinton signed into law in 1993.  "This vote was not about health policy but about America's commitment to religious freedom," said Dr. Jerry Johnson of NRB.

Medicare (Sex) Changes

Medicare will now cover " sex change" surgeries, according to a U.S. Department of Health and Human Services Appeals Board. Denee Mallon, 74, born a man, filed a lawsuit to have Medicare cover his sex change operation and he won. Although less than 0.3 percent of the U.S. population identify themselves as transgender and seniors are not likely to seek sex change procedures, the ruling puts pressure on insurance companies to cover such operations for their non-Medicare enrollees.

Eugenics of Another Kind?

A Dutch doctor wants to lessen informed consent requirements for perinatal sterilization.  According to the Journal of Medical Ethics, one doctor argues that "tubal occlusion (TO)" should be offered to women right after a traumatic birth even if they haven't previously discussed it during pregnancy. This flies in the face of prudent advice from the International Federation of Gynaecology and Obstetrics (FIGO) guidelines that say women "must be given the time and support she needs to consider her choice."

Obamacare Funding Cliffs

Turbulent times are predicted for government recipients, as $13 billion in annual ACA funding expires.  Medicaid's reimbursement rates will again sink to below Medicare's. Community health centers will lose the $11 billion they received for the past five years.  And 1.9 million children on CHIP, whose parent has worker-only affordable employer-sponsored coverage, could lose coverage because CHIP funds are being cut and Obamacare exchange premium subsidies are not available to these children.

Rethink Statins and Cholesterol

A British vascular surgeon, Dr. Haroun Gajraj, MD, writes about the surprising discovery he made after quitting cholesterol-lowering statins. "I believe that high cholesterol has been a scapegoat for too long. ... In my view, high total blood cholesterol or high LDL levels no more cause heart attacks than paramedics cause car crashes, even though they are present at the scene." Furthermore, studies show "The lower a woman's total cholesterol, the greater her risk of dying..."  Sugar may be the "true villain."

Quote of the Week:


"Essentially, a provider has no right to a contract. They have to compete for it. I know the providers don't like the concept. If the provider is too expensive or not necessary they don't get the business...." Jack Rovner, attorney and principal of The Health Law Consultancy, told AIS's Health Plan Week, July 11, 2014. 




Stat of the Week:

6,701 -- number of 2014 HIPAA privacy violation complaints to the U.S. Department of Health and Human Services through May 2014. The number is up 45.7% over the number of 2013 complaints received through May 2013.  


News Release of the Week:

Ruling for Halbig in Landmark Case is the 
Beginning of the End for Obamacare

ST. PAUL, Minn. - Today's critical decision in the U.S. District Court of Appeals in favor of the plaintiffs in Halbig vs. Burwell is the beginning of the end for Obamacare, says one health care expert and patient advocate.

The ruling has far-reaching implications. The plaintiffs in the case argued that per the actual language of the Affordable Care Act, subsidies to help Americans pay for government health care coverage are available only through state exchanges, not through the federal exchange at This means that more than 5 million Americans who live in states that chose not to set up exchanges and who, therefore, purchased their coverage through the federal exchange using state subsidies may see vast changes in their premiums - or in their enrollment eligibility altogether.

  Continue reading


Featured Health Freedom Minute:

CCHF "5C" Solution to Health Care


Recently a radio host asked me to discuss our "5C" solution for
health care. It starts with Cash for routine and minor care. The
second C stand for Catastrophic Coverage, which provides
financial protection, but which the Obama administration has
essentially outlawed. The third C is charity, because there will
always be a need for charity and charitability, a key characteristic of


Continue reading

Twila Brase broadcasts a daily, 60-second radio feature, Health Freedom Minute, which brings health care issues to light for the American public. Health Freedom Minute airs on the entire American Family Radio Network, with more than 150 stations nationwide in addition to Bott Radio Network with over 80 stations nationwide.

Click here to listen to this week's features.


Citizens' Council for Health Freedom
161 St. Anthony Avenue, Ste 923
St. Paul, MN 55103
Phone: 651.646.8935 • Fax: 651.646.0100

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