Indiana Attorney General Greg Zoeller says the federal government is overstepping its bound so he is joining 13 other states in suing over the new health care law.

Zoeller repeated his arguments that the individual mandate that all citizens have insurance is an overreach of the Commerce Clause because it requires individuals to buy a commercial product based on citizenship.  In addition he argues that the new mandates regarding medicaid trample on state sovereignty.

However, before joining the suit Zoeller says he got the other Attorneys General adopt an additional argument with their complaint.   His point; that health insurance is a state-regulated product which is not sold across state lines and the sole purview of the states.  He says the new health care plan would interfere with state regulation of insurance and therefore violate the 10th Amendment.

Zoeller says by joining in with other states, Indiana does not have to bear the full cost of litigation, but instead will share in the estimated $50,000 worth of legal costs.

You can hear with my interview with Attorney General below.

Zoeller lawsuit

Yes, there is more to this story.   By now you know Indianapolis Public School spokeswoman Mary Louise Bewley may have violated Indiana’s Open Door Law by expelling a Michigan film crew from a public meeting on the budget last week.  The film crew was not disrupting the meeting, however Bewley expelled them for being “disingenuous”.

Since then I have learned that the line of defense the school district is using to justify their actions is that the gathering was not a “true public meeting” instead it was an information session for parents regarding school budget cuts so therefore not subject to Indiana’s Open Door laws.

Pardon me while I try to keep  a straight face.

This defense flies in the face of all logic for a number of reasons.  The meeting was advertised as a public meeting on the District’s website.  It was held in a public building (George Washington School).  Several school board members were there. And the film crew was there for nearly 45 minutes before they were asked to leave.  But what’s perhaps the most damning in all this is an interview given by IPS Assistant Superintendent Dr. Willie Giles that contradicts Bewley’s statements.

Here’s the quote from the Education Action Group, the organization that was kicked out of the meeting for filming…

We contacted Dr. Willie Giles, assistant superintendent of Indianapolis Public Schools, to ask what grounds the school district cited to evict Olson and VanderKooi from the public meeting.  We asked if the district or state law had a “disingenuous” clause, allowing school officials to judge the legitimacy of journalists or their projects, before allowing them to enter or remain at a public meeting.  Dr. Giles said he was aware of no such clause. He acknowledged that the meeting was open to the public, and said he was not aware of any special procedures EAGF should have followed to gain access to the meeting.

Yikes.  The group has filed a formal complaint with the Public Access Counselor’s Office.   Does anyone see how IPS gets out of this one?

Every once in a while someone will ask to see a picture of my lovely wife.  When they do I hand them my Blackberry and tell them to look at the wallpaper.  I keep her picture there for a couple reasons.  First, she is totally hot.  Secondly, and more importantly, when I contemplate doing something stupid her photo reminds me that my actions don’t just affect me anymore and the last thing I want to do is embarrass her and end up getting my you-know-what kicked.

I mention this because of this weekend’s arrest of Marion County Prosecutor spokesman Mario Massillamany on suspicion of driving while intoxicated in Fishers.  Full disclosure, Mario and I have known each other since I first came to Indy and are good friends.  Which is why it’s extremely disappointing when you get this type of news.

As anyone charged with a crime, the legal issues will work themselves out, however, I can only imagine what’s going through the mind of Mario’s wife and family.  Because when public and semi-public figures stray they’re not the only ones impacted.

Whenever I go speak to elected officials or young people who want to go into public service, I remind them time and time again that no matter how hard you work and what you do for the voters or the people you work with, it only takes one momentary lapse in judgment to make all that go away and cause you nothing but a world of hurt.  And anyone who reads this blog knows there’s been more than enough of that on both sides of the political spectrum in the past few years.

This is why I constantly tell people, before you do something that compromises your safety or position, think long and hard about it first and ask yourself are the consequences really worth it.  And if you can’t do that, carry around a picture of your wife in your Blackberry.   It will save you the trouble of having to think.

Fox News Talk 1430 WXNT  Hosts First Broadcast Roundtable Debate of
US Senate Candidates in GOP Primary

(Indianapolis, IN)   Entercom Indianapolis Fox News Talk WXNT-AM announced today that all five U.S. Senate candidates will participate in a live roundtable debate on Thursday, April 8^th at 4:00pm at the Pershing Auditorium at the Indiana War Memorial in downtown Indianapolis.

The candidates participating include Don Bates, Jr., Richard Behney, Dan Coats, John Hostettler, and Marlin Stutzman.

The moderator of the Roundtable Debate is Abdul Hakim-Shabazz, host of Abdul in the Morning on Fox News Talk 1430. The topics will range from the economy, health care, national security, and education. The public can submit their own questions online at WXNT.com by midnight April 7^th.

“We are very excited to present this debate to Hoosier voters.  This is the first time in recent memory an event like this has been held during afternoon drive.” Shabazz said.  “We plan to ask tough, specific questions on the major issues so the candidates will have to step up their game because the people of Indiana deserve no less.  It will be fun and informative.”

Tickets for the debate are available by signing up online at WXNT.com.

The debate will be broadcast live on Fox News Talk 1430 WXNT-AM from 3:00pm – 6:00pm.  A pre-debate program will air from 3:00 – 4:00 p.m. with the actual debate going from 4:00-5:30 p.m.  Post-debate analysis will take place from 5:30 p.m. – 6:00 p.m.

For more information, contact Toni Moore at 317/218-2233 or tmoore@entercom.com.

# # #

Here’s that video of IPS Spokeswoman Mary Louise Bewley kicking out the two members of the Education Action Group from this past week’s public hearing of the budget.  The conversation starts about 3:00 into the clip.

Indianapolis Public School Superintendent Dr. Eugene White may soon be defending more than his proposed budget cuts.

At a budget hearing this week, IPS officials kicked out a couple attendees who were videotaping the budget meeting.  The attendees were from Michigan and were filming the meeting for a documentary on teachers unions.  They had been taping for 40 minutes before spokeswoman Mary Louise Bewley threw them out for being “disingenuous”.   Apparently this is all on tape and I’m trying to get a copy of it.  When I do, I will post the exchange here.

Where IPS may be in legal trouble is that public meetings of public bodies have to be open to the public.  And government officials can’t expel members of the public from the meeting for being “disingenuous”.    The law is pretty clear when it comes to recording public meetings…

Ind. Code § 5-14-1.5-3(a) – “…all meetings of the governing bodies of public agencies must be open at all times for the purpose of permitting members of the public to observe and record them.” (emphasis added).  The courts have also upheld that rule as well.  In Berry v. Peoples Broadcasting Corp., 547 N.E.2d 231, 234 (Ind. 1989), the Indiana Supreme Court affirmed a trial court’s ruling that governing bodies may not ban the reasonable use of tape recorders at public meetings.

I don’t know what IPS was thinking by kicking the camera crew out the meeting, especially since they had been there taping for 40 minutes and not disturbing anyone.

Oh well, maybe I can get an answer when they respond to the complaint that will be filed with Indiana’s Public Access Counselor.

I heard another story yesterday about another school district in Indiana talking about laying off teachers because of budget cuts and property tax caps and blaming the Governor and Superintendent of Public Instruction.  Excuse me while I grab my crying towel.

I been trying to figure out why I can’t find my sympathy for school districts  these days and then it dawned on me, I have none!

The average Hoosier, over the last two years, has had to suffer a nearly 5% pay cut.  Meanwhile teachers have gotten a raise of nearly 4.5% over the same period.   When you bring up consolidation, resource sharing, joint purchasing, some school administrators look at you like you’re speaking Kryptonian.

And it’s not like this can’t be done.

Teachers in Munster gave up a three percent raise and are paying more for insurance to avoid layoffs.   Evansville Vanderburg schools sold buildings and entered into purchasing agreements with other local governments to save money.  Plymouth school teachers reopened their contract  and gave back a one percent raise.  The Huntington School Board took a 10% pay cut.  New Harmony Town and Township Consolidated Schools joined the state health insurance plan to save money.

These are just a handful of examples of what schools are doing in order to save money and avoid teacher layoffs.   So before someone comes and cries you a river about their money problems, ask them what have they done lately for you and your tax dollars.

You may not be surprised at the answer you get.

One of the tools I use in my analysis of public policy issues is polling data.  By looking at the responses individuals give when answering questions, it helps me figure where people are coming from.  What’s interesting in the polls on health care reform is the dichotomy of  “something needs to be done” juxtaposed to “no one is quite sure what to do”.  The perfect example of this is a poll by Bloomberg.  Take a look at the results of a survey of more than 1,000 people done as health care reform was passing Congress.

Do you favor or oppose the health care overhaul plan currently under debate in Congress? (Language changed 3/22 to:) Do you favor or oppose the health care overhaul plan passed by the U.S. House of Representatives last night?

38% Favor, 50% Oppose (chart)

For the following statements about health care, please tell me if you agree or disagree.

Health care is like police and fire protection, and the government has a role in making sure everyone has access to care they can afford
64% Agree, 34% Disagree

Health care is a private matter and individuals should make sure their needs are taken care of, through insurance, public clinics, or by paying for services directly
60% Agree, 35% Disagree

Health care is so complicated it is hard for the average American to understand the proposals that are currently being discussed
75% Agree, 23% Disagree

The cost of doing nothing on health care will be greater than the cost of the proposed plan to overhaul it
51% Agree, 40% Disagree

The current proposal to overhaul health care helps others but not me
48% Agree, 43% Disagree

The health care system is fine the way it is
20% Agree, 79% Disagree

The current proposal to overhaul health care amounts to a government takeover
53% Agree, 42% Disagree

At some point the health care system will need to be reformed, but not now
47% Agree, 51% Disagree

This data shows me that the public wants reform, but isn’t quite sure how to do it.  Thus, the dichotomy at the national level.  This is why I find the debate fascinating and the ultimate winner of this debate will be the person who can craft a policy and a message that can get at least 55% of the public to be on board.  Good luck with that one.

Back during the property tax upheaval of 2007, I had to be the bearer of bad news to all my property tax repeal friends that while I sympathized with them, repealing property taxes was about as likely as me getting the Klansman of the Year award.  Well, I have to bring the same news to my friends who want to repeal the President’s health care proposal.  Not gonna happen guys, here’s why.

Democrats control Congress and the Presidency so repeal won’t happen.

If  Republicans take back Congress in 2010, Barack Obama is still President and he would veto any repeal so it won’t happen.

If Obama loses in 2010 and Republicans have a majority in Congress, it better be a supermajority, otherwise Democrats can filibuster and repeal won’t happen.

See where this is going?   My advice, go for reform.  I think you have a much better chance at reforming the system than a wholesale pitching of what’s been done.  I’ll share some polling data this afternoon that backs up that claim.

Now of course there’s always the Courts and 10th Amendment challenges.  I’m skeptical of how successful those will be, but that’s a post for tomorrow.  However, I do think there’s something ironic about the same people who in the past would whine and cry about using the Courts to overturn actions by the legislative bodies now running to file lawsuits to do the same thing.