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CEI Today: Imminent ruling on Obamacare, UAW & Volkswagon, online gambling, and more 

Friday, July 11, 2014
In the News Today



Court Ruling Imminent in Challenge to Obamacare Exchange and Federal Overreach


A ruling on a major Obamacare lawsuit may be imminent. The U.S. Court of Appeals for the D.C. will rule on whether the IRS over-stepped its limits in imposing Obamacare penalties and subsidies in states that did not set up Obamacare exchanges.

According to the explicit language in the
Affordable Care Act, tax credits for purchasing federally-regulated healthinsurance on the “Obamacare” exchanges are only supposed to be available "through an Exchange established by the State." But the IRS decided to dole out the tax credits in those states anyway by arguing the federally-created exchange can somehow be “an Exchange established by the State.”  Don’t laugh; two liberal trial court judges bought the argument in cases like Halbig v. Sebelius, which is now on appeal to the U.S. Court of Appeals for the D.C. Circuit, and King v. Sebelius, which is on appeal to the Fourth Circuit. Decisions by those appeals courts are expected any day now.  > Read more

> Interview Hans Bader



Labor unions should not have the power to take away workers’ right to a secret ballot election.

Thursday, UAW officials announced plans to establish a local members’ union to represent workers at the Volkswagen plant in Chattanooga. Ostensibly, membership would initially be voluntary, and no employees would be required to join. In addition, the newly created members’ union would not have bargaining rights with management and could only use its influence to impact work conditions.

However, the members’ union is just a stepping-stone for the UAW. UAW leadership also announced that they and the automaker reached a "consensus" and anticipate Volkswagen management will voluntarily recognize the UAW if they sign up a large enough portion of employees. Once that happens, the UAW would be able to negotiate a contract that would apply even to workers who oppose UAW representation.  

> Interview Trey Kovacs

CEI Podcast for July 10, 2014: The Wire Act and Online Gambling

Michelle Minton argues that the Wire Act applies only to interstate sports gambling, not online gambling as a whole. The Wire Act's 50-year history is on her side. Click here to listen.


Apply for CEI's Journalism Fellowship!

CEI's Warren T. Brookes Journalism Fellowship is a one-year fellowship that aims to provide journalists the opportunity to improve their knowledge of free markets principles and limited government through interaction with CEI policy experts. >


Sign Up for the Weekly Cooler Heads Digest!

Every Friday afternoon, we send out an electronic newsletter on the latest energy and environment happenings, known as the Cooler Heads Digest. Sign up today!



Saturday, 10am ET

Up first Saturday-- @ivanoransky co-founder @RetractionWatch!


CEI President Lawson Bader


No one likes stereotypes




ALG's Daily Grind - The Internet antitrust trap?


July 11, 2014

Permission to republish original opeds granted.

The Internet antitrust trap?
By allowing its current contract with the Commerce Department to expire in September 2015, conferring a global monopoly on itself as the sole administrator of the domain name system (DNS), the Internet Corporation of Assigned Names and Numbers (ICANN) may be painting itself with an antitrust bull's eye.

Border crisis: Ceding America's territorial integrity
The crisis created by President Obama and his predecessors is being exacerbated by the current administration that has decided that it is in their interests to erase the southern border rather than deport and block invaders from crossing into our nation. Federal judge gives IRS one month to explain howit lost emails
"Judge Emmet G. Sullivan gave the IRS one month to explain under oath how it lost so many emails to and from Lois Lerner, a central figure in the controversy."




"Brown Plans To Win NH One Handshake At A Time"   Good Friday Morning,

As the weather heats up, so are the activities at Scott Brown's campaign headquarters in Manchester. For anyone interested in getting involved, we have phone banking, door-knocking, sign-making and a whole host of other ways for you to help elect Scott.

If you would like to help out, please email our volunteer coordinator, Leigh Ann Shriver, at and see below for a full bulletin of all available opportunities.

Scroll down for more on this week's news and check out the campaign on Social Media:
"Epic, Cinematic" New Brown Web Video  
  This video is an absolute must watch.

Filmed last week at the iconic Scamman Farm, it features Mitt Romney and Scott Brown on the same stage together talking about the importance of Republican unity this fall. It also includes Governor Romney labeling Senator Shaheen as the "Simon Says Senator" because of her 99% voting record with President Obama. 

Please watch the video, share it with your friends on Social Media, and help spread the word about how important it is for Republicans of all stripes to stand together.

"Brown says he puts 200 to 300 miles a day on his truck so he can meet voters face to face" 
  In Thursday's New Hampshire Union Leader, Drew Cline examines Scott's campaign strategy, his focus on grassroots activities and meeting voters throughout the state - as well as his affinity for Market Basket. Check out an excerpt below and read the article here.

"Brown has spent months driving his famous green pickup truck all over New Hampshire. Really, all over. He knocked on doors in Pittsburg, which has seldom received much attention from politicians not named Ray Burton. Brown says he puts 200 to 300 miles a day on his truck so he can meet voters face to face."
  Scott Stops In To New Hampshire Businesses & Meets With Granite Staters

Scott was all over New Hampshire again this week, visiting McDevitt Trucks in Manchester, Cirtronics in Milford, and he held an event at the Hughes' residence in Moultonborough.  

Brown Campaign Releases Growing List Of Nashua Supporters

Continuing to emphasize Scott's strong support on the grassroots level, the Brown campaign released a list of nearly 100 supporters in Nashua made up of elected officials, activists and supporters. Check out what the Nashua Patch had to say about the list.
Campaign Bulletin Board
Attention college and high school students! We are still looking for interns to help out with the campaign. Please send you resume to Leigh Ann Shriver (

For those of you in the Loudon area, on Sunday we will be holding a sign wave for Scott at the NASCAR Race. The details are right here:

Sign Wave for Scott at Loudon NASCAR Race
July 13, 2014
Meet at 8AM
13 Mudgett Hill Road, Loudon, NH
RSVP to Jeremy Baker at or call 603-518-5412

Every Monday through Thursday night we have phone banking at Campaign Headquarters from 5:30-8:00.

We are at 379 Elm Street in Manchester and would love to see you here. 

On Monday, we'll kick-off our "theme nights." Keep scrolling to learn more.

Themes of the Week...
Veterans Night 
July 14th 5:30 - 8:00 PM
Swing by to have a slice of pizza, hit the phones, make signs, hear a campaign update and help out at the office


Women for Brown
July 15th 11:00 - 1:00 PM
Stop by during your lunch break to catch up with the campaign staff and lend a hand at HQ

Pizza and Calls for Scott 
July 15th 5:30 - 8:30 PM
Join us to enjoy Scott's favorite food--pizza! Then get ready to roll up your sleeves and help our team around the office.

RSVP for all these events here!
Thanks for reading. For those of you heading to Loudon for the race this weekend, enjoy!

Citizens For A Strong NH - Weekly E-Newsletter 


Petition: Tell Gov. Hassan and Sen. Shaheen that Granite Staters can't afford higher Gas Taxes!


On July 1st, Governor Maggie Hassan enacted a 23% increase in the New Hampshire Gas Tax. This increase will take more out of Granite Staters' pockets by increasing the cost to commute to work or take a family road trip. Furthermore, it will impact the cost of goods that are shipped by ground transportation, which will be passed onto the consumer.

Now, due to a lack of fiscal discipline, the Federal Highway Trust Fund is running out of money and Senator Jeanne Shaheen has signaled her support for increasing the federal Gas Tax by 33%.
Sign our petition today by clicking HERE and tell Senator Jeanne Shaheen and Governor Maggie Hassan that New Hampshire citizens can't afford to pay more at the pump to make up for their inability to understand fiscal discipline. 
Video: Where does Sen. Shaheen really stand on increasing the federal Gas Tax?

In recent days, Senator Jeanne Shaheen has been extremely inconsistent regarding her position on legislation that would cause a hike in the federal Gas Tax. While her spokesman has said she is opposed to an increase, multiple reports, including one in the Portsmouth Herald, have indicated otherwise. 


This issue is extremely important to Granite States, especially considering Governor Maggie Hassan recently raised New Hampshire's Gas Tax by 23%.


Considering the many inconsistencies with her position, Citizens for a Strong New Hampshire decided to ask Senator Shaheen directly whether or not she supports an increase in the federal Gas Tax. Sadly though, with a dismissively smug response, Senator Shaheen refused to answer our question. You can watch the video HERE.


Granite Staters are already paying more at the pump due to tax and spend liberals like Governor Maggie Hassan. Because of her and a majority of legislators in Concord, we already are dealing with a 23% hike in the state's Gas Tax. Coupled with spiking gas prices, the last thing they need is an increase in the federal Gas Tax, too. 


New Hampshire families deserve to know where their elected officials stand on legislation that would take more money out of their paychecks. Sadly though, Senator Jeanne Shaheen has been incredibly inconsistent on whether or not she supports an increase in the Gas Tax. Considering her smug response to a simple question, we still have no idea exactly what her position is. We encourage Granite Staters to contact her office and demand a straightforward answer.

Activism: Join the fight for limited government!

We had another one of our successful weekly phone banks on Thursday evening in our Manchester office. Thanks to everyone who joined us as we contacted Granite Staters and continued our fight for lower taxes, less spending, and limited government.

Are you interested in volunteering for a stronger New Hampshire? If so, please email and he will be able to give you more information about how you can join us at our next phone bank or grassroots event. 

Editorial Cartoon of the Week    

Cooler Heads Digest 11 July 2014 


11 July 2014


  • The Heartland Institute’s 9th International Conference on Climate Change took place this week in Las Vegas. Click here to find video archives of all the sessions.
  • The Committee for a Constructive Tomorrow this week announced plans for a new documentary film to counter global warming alarmism. Climate Hustle is set to be hosted by C-FACT’s own Marc Morano and is currently seeking donations to make the project a reality. You can view the trailer and donate to the project here.

In the News

Economic Consequences of EPA’s Climate Regime
James Rust, Master Resource, 11 July 2014

Worried Moms: Global Warming Endangers Our Kids
Paul Strand, CBN News, 10 July 2014

$6 a Gallon? Where Gas Prices Could Be without the U.S. Energy Boom
Rob Nikolewski, Daily Signal, 10 July 2014

House Republicans Threaten To Subpoena EPA over Carbon Rules
Timothy Cama, The Hill, 9 July 2014

Rebutting the ‘Conservative Case’ for a Carbon Tax
Marlo Lewis,, 9 July 2014

Obama Concedes His Climate Plan Could Raise Electricity Prices
Andrew Powaleny, The Hill, 9 July 2014

Power Grab: EPA Wants To Garnish Wages of Accused Polluters
S. A. Miller, Washington Times, 8 July 2014

‘Rolling Coal’ Trucks Troll Environmentalists
Daniel Strauss, Talking Points Memo, 7 July 2014

News You Can Use
We’re #1 (in Oil & Natural Gas Liquids)

According to new analysis by the International Energy Agency and the Bank of America, the United States is now the world’s largest oil and natural gas liquids producer, overtaking both Saudi Arabia and Russia.

Inside the Betway
Myron Ebell

House Passes Energy Appropriations Bill with Climate Riders

The House of Representatives on 19th July passed and sent to the Senate the FY 2015 Energy and Water Appropriations bill,  H. R. 4293, by a vote of 253 to 170. Several amendments that limit or forbid funds being used by the Department of Energy to implement the Obama Administration’s climate and energy-rationing agenda were adopted.

By 229-188, the House approved an amendment offered by Representative David McKinley (R-WV) that would prohibit spending on the National Climate Assessment, the United Nations Intergovernmental Panel on Climate Change, the UN’s Agenda 21, and the Social Cost of Carbon. By 227-191, the House approved Rep. James Lankford’s (R-Okla.) amendment to block DOE funds being used to prepare, propose, or promulgate any regulation that relies on the Social Cost of Carbon guidance document.

An amendment offered by Rep. Paul Gosar (R-Az.) to prohibit funding of the DOE’s Climate Model Development and Validation program passed 226-194.  And once again, the House added the rider offered by Rep. Michael Burgess (R-Tex.) that prevents the Department of Energy from spending any money to implement or enforce the ban on incandescent light bulbs contained in the (anti-) Energy Independence and Security of 2007. The vote was 226 to 193.

Unlike the Senate, where even Democrats in the majority are prevented by Majority Leader Harry Reid (D-Nev.) from offering amendments, the House Rules Committee allowed a number of amendments to be offered by Democratic Members.  Several were adopted. 

New York Times Reports NRDC Wrote EPA Climate Regs

The New York Times published a story on 7th July that explains how David Doniger, David Hawkins, and Daniel Lashof at the Natural Resources Defense Council spent two years writing the 110-page blueprint for the Environmental Protection Agency’s recently released proposed rule to regulate carbon dioxide emissions from existing power plants.  I normally find the New York Times unbearably rancid, but this article by reporter-green advocate Coral Davenport is worth reading. 

The claim that NRDC wrote the EPA’s new reg, which have been made previously in less detailed form by several opponents, was immediately denied in an internal e-mail by EPA Administrator Gina McCarthy that was leaked to the mainstream media.  According the Hill newspaper, McCarthy wrote, “According to an article from Monday, you just cut and pasted a particular [non-governmental organization’s] proposal and called it a day. If you're laughing right now, it's because you know just how preposterous that is.”

Although I think that the New York Times story is accurate and McCarthy knows it, there are good reasons why the Obama Administration needs to deny it.  Environmental pressure groups got a lot of mileage out of dubious charges that the George W. Bush Administration’s energy plan was largely written by Big Oil.  It might look equally bad that the Obama Administration’s energy-rationing regulations have been written by Big Green.    

Personnel Moves at API, LCV, and NextGen

The American Petroleum Institute announced this week that Louis Finkel has been hired as their new executive vice president and top lobbyist.  Finkel was most recently executive vice president of the Grocery Manufacturers Association, but he spent several years as the chief of staff for Democrats on the House Science, Space, and Technology Committee.  He has also worked on several Democratic campaigns and was briefly a lobbyist for Exxon Mobil, the largest member company of API and supporter of a carbon tax. 

Fuel Fix quoted Finkel: “I’m a Democrat; I always have been,” he said during a meeting Thursday with reporters. “I spent a lot of time on the Hill in Democratic politics, both in government service (and) working in campaigns.”    He made it clear that API would support the re-election of Senator Mary Landrieu (D-La.) and Mark Begich (D-Alaska):  “We need to be supportive of members on both sides of the aisle when they are supportive of our policy objectives,” Finkel said. “We’ve had an opportunity over a long window with both Landrieu and Begich to watch them and work with them and see how they are going to perform. They’ve been supportive and there’s no reason for us to not continue our support.”  But he did admit that Senator Mark Udall’s (D-Colo.) record on oil and gas issues is “mixed.”

Finkel replaces Marty Durbin, who earlier this year became head of America’s Natural Gas Alliance.  Durbin was also a Hill staffer for Democrats and is the nephew of Senator Dick Durbin (D-Ill.), the Majority Whip.

In other personnel moves, Daniel Weiss has left the comically-named Center for American Progress to become senior vice president for campaigns at the League of Conservation Voters. Before his stint as director of climate strategy at CAP, Weiss served for eight years as political director at the Sierra Club.   

And earlier this year, Daniel Lashof, who has been one of the top leaders of the Natural Resources Defense Council’s climate and energy-rationing program for 25 years, was named chief operating officer of NextGen Climate America.  It is the 501(c)(3) arm of NextGen Climate Action.  Both were founded by and are funded by California investment fund billionaire Tom Steyer. Lashof has been in charge of NRDC’s climate programs since 2008, during which period NRDC has spent $200 million on devising and promoting policies to increase energy prices and impoverish Americans and, indeed, people around the world.

Across the States
Myron Ebell


Several science education groups and one environmental pressure group have launched the “Climate Science Students Bill of Rights” to lobby for the climate science “education” components in the Next Generation Science Standards.  The Wyoming legislature passed a rider in March that prohibits the Wyoming Board of Education from adopting the standards because they require the teaching of junk climate science.  The Wyoming Board of Education recently decided to delay implementing any part of the NGSS until the Wyoming legislature repeals its prohibition. 

The groups in the new coalition include the Union of Concerned Scientists, a hard-left anti-nuclear pressure group, the National Center for Science Education, the Alliance for Climate Education, and Climate Parents. An effort in the Oklahoma legislature to block the NGSS for the same reason as in Wyoming failed, and Governor Mary Fallin (R) recently implemented the standards, including their global warming propaganda components.      

Colorado & New York

New York’s highest court ruled on 30th June that cities and towns have the authority to ban hydraulic fracturing within their jurisdictions.  The Court of Appeals upheld lower court rulings that dismissed challenges to bans enacted by the towns of Dryden and Middlefield. 

In Colorado, the Democratic-controlled legislature and Governor John Hickenlooper (D) have failed to agree on a bill that would allow cities and counties to regulate hydraulic fracturing but not allow them to ban it. Five local jurisdictions have voted to ban fracking, but only the State has authority to regulate oil and gas production under current law. Up to nine anti-fracking and three pro-fracking measures will now appear on the general election ballot in November. 

Around the World
Patrick Hannaford

Carbon Tax Repeal fails, but Government Still Hopeful.

In disappointing news, the Australian Senate this week rejected legislation to scrap the carbon tax. The legislation was rejected by 37 to 35 votes, after the Palmer United Party (PUP) made a last minute decision to renege on their agreement with the government.

Although reports differ, it appears that PUP leader Clive Palmer was not satisfied with amendments agreed to by the government and demanded harsher penalties for energy companies that do not pass on savings to consumers. Not being able to introduce their amendment for constitutional reasons – tax legislation must be introduced in the House of Representatives - the Palmer United Party then decided to oppose the legislation, breaking their agreement with the Government and their own election promise. Despite the setback, the Liberal-National coalition government remains confident and is set to re-introduce the legislation in parliament on Monday.

The Cooler Heads Digest is the weekly e-mail publication of the Cooler Heads Coalition. For the latest news and commentary, check out the Coalition’s website,