Cornhusker Kickback takes the Supreme Court

First a little Separated at Birth for ya. (A little math will be required…)

Donny Osmond, plus Justin Bieber, equals…Bob Kerrey circa 1982!

(MY that is a hair-helmet! As the Dems recall wistfully…)


Nebraska Senator Ben Nelson’s Cornhusker Kickback made an appearance in the United States Supreme Court today!

Nelson probably had no idea that he had written an amicus brief for the Court, but Justice Anonin Scalia got a few digs in on Nelson, mainly to lighten things up. While discussing whether ObamaCare as a whole should be invalidated, if only one part (really talking about the Individual Mandate) is struck down, looking at Congressional intent, Scalia said:

All right. The consequence of your proposition, would Congress have enacted it without this provision, okay that’s the consequence.

That would mean that if we struck down nothing in this legislation but the — what you call the Cornhusker Kickback, okay, we find that to violate the constitutional proscription of venality, okay?

When we strike that down, it’s clear that Congress would not have passed it without that. It was the means of getting the last necessary vote in the Senate. And you are telling us that the whole statute would fall because the Cornhusker Kickback is bad. That can’t be right.

(Venality is defined as, “a vice associated with being bribeable or of selling one’s services or power, especially when one should act justly instead”.)

The court erupted in laughter at Scalia’s proposition. Scalia, along with being brilliant, is also known for enjoying a laugh.

Of course, your liberal Dems are currently sitting there with their arms crossed, just-ate-a-sh*t-covered-lemon look on their face, saying, “The Cornhusker Kickback wasn’t even IN the final bill!” (Missing the joke entirely.)

Remember when that was going to be a two-day story?


If you get a chance to read or listen to the Court transcripts on all of this, it is compelling stuff — if you are into that sort of thing. One thing we found interesting is that as we read, we found all three attorneys, arguing for and against before the court, to be well informed and knowledgeable.

Well, that is before we LISTENED to the testimony of poor Solicitor General Don Verrilli. The guy needs to go to ToastMasters or maybe have a drink or something before going up. Cringeworthy to listen to…here:

Geez, you start to feel bad for the guy.

Until, of course, you realize he is arguing for something unconstitutional…


In case you missed the counter argument from Bob Kerrey’s campaign manager as to why his client dropped 15 points and is down nearly 20 to Jon Bruning, he summed it up, pretty much, as this:

“…uh….cell phones….yeah, but still!”

And, once again, if you are looking for Kerrey tonight, he will be in Washington, D.C. sitting with fellow New Yorker Chuck Schumer, Harry Reid and other fellow liberal Democrats at a $1,000 a person fundraiser.

Welcome back Bob!


  1. Bam says:

    Does Harry Reid’s unspoken agreement with Bob Kerrey violate the constitutional proscription of venality?

    Question for liberals: If (God forbid) Schumer pulled a Zorinsky tonight and there was still time to file in New York, is there anything to prevent Bob to change his mind and run there? I mean, it’s not like he’s filled out any change of address forms or anything.

  2. RWP says:

    I’m no fan of Nelson. But I do feel a little sorry for him that he should end his career as a laughingstock. The Cornhusker Kickback was no wore than Landrieu’s Louisiana purchase or Harry Reid’s special deal for Nevada.

    If he’d held out against PPACA, the progressives would have hated him, but at least he wouldn’t have been an object of mockery.

  3. Anonymous says:

    Seriously, why does the Omaha Warren Herald think that weather information is exclusive and premium content? They must be in worse shape than anyone thought….ha.

  4. RWP says:

    Also, my computer says that the Journal Star website is known to distribute malware haha

    Malware is an excellent description of Don Walton’s column.*

    *Oops, according to Don, that’s probably hate speech**

    **OTOH, there’s a substantial chance Don doesn’t know what malware is.

  5. Lil Mac says:

    Donald Verrilli as Solicitor General is what many call “the 10th justice”. Verrilli previously argued a dozen cases before the Court as an expert in telecommunications law who helped Hollywood fight video pirates but lost attempts to save murders from death row. He argued against lethal injection, perhaps preferring death by pillow fight. He supported claims by Guantanamo terrorists, and I wish that was a joke but he really did.

    How crappy is this guy? Obama appointed a tax evader to be Secretary of the Treasury and a Marine without combat experience to be USMC Commandant. Compared to some appointees, this stutterer in Court isn’t so bad. Then again, he is a television lawyer defending Obamacare. I guess that’s bad for Obamacare?

  6. Never Left The Neb says:

    Sweeper, I realize that we live in a Country of free will and that you cannot fix everything for me, BUT, could you please get rid of the ads for slutty ho’s on the L’ St home page? Seriously “Ladies Online” is advertising here?

  7. Gary and Ace says:

    If this is Leavenworth Street then the new ordinance applies here too Sweeper. Where are “Men Online” ads?

  8. Never Left The Neb says:

    Like I would know how to do that! It’s called Ladies Online Now and you’re gonna get a crap load of frequent flier miles to hook up ‘cuz Tatyana and her gal pals all live in the Ukraine. lol

  9. Never Left The Neb says:

    I’m pretty sure I would have to click on the pictures to get a url and I am definitely not doing that! My kids don’t need those kind of pop ups on our desktop! Maybe I should use my teenager’s laptop 🙂 ?

  10. Just sent you a screenshot with the “Ladies Online” ad, Sweeper. I realize that Google just puts up whatever ads they have on rotation, but perhaps they can filter some of it for you. Good luck talking to a real, live person there.

  11. SoWhat??? says:

    Dr. Daniel Nerad is the perfect candidate for OPS chief. The Superintendent of Madison schools who had to close the schools while his teachers were occupying the state capitol and then didn’t fire any of them for unexcused days off. Matter of fact, he even paid them while they were off protesting. He’s the best candidate to fit right into the corrupt culture that is the OPS Board and administration.

  12. Sibsonline says:

    Omaha’s new sexuality protection law is provincial and narrow-minded; a tragic joke perpetrated by a bigoted mainstream homo-hetro-sexual establishment that is no more than your typical everyday bunch of tutu-wearing tough guys and wank-weilding women and monominded straights who are in fact all FAMILIALPHOBIC bigots!!! You are probably a Familialphobe too! Wrapped in your protected boring everyday world of transsexuality and fetishism, embracing your Nazi-like sentiments, you exclude and criminalize the most consensual adult loving family relationships. Be fair. Sibs need love too.

  13. Don Kuhns says:

    Street Sweeper, I am shocked, just shocked, that you would post that nasty doctored audio clip that Tom Goldstein, a conservative legal blogger at Bloomberg called “the single most classless and misleading thing I’ve ever seen related to the Court”.

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