Friday, August 27, 2021

To Mayor Woodfin re your gun control agenda

Dear Mayor Woodfin,

I live in the suburbs and would like to try to help you on advancing your gun control agenda in Birmingham.

I believe that gun control advocates should initiate by establishing that the Second Amendment does not give citizens a right to bear arms against the Federal government, and, based on that, that gun control is to be judged on the basis of what is a reasonable exercise of the government's police power.

Establishing the foregoing is needed to deal with gun rights advocates who go nuts over any governmental regulation of guns, because, in their minds, any such regulation contradicts United States' history of being borne out of the Revolutionary War's throwing off the bonds of England's tyranny over the colonies. In support of this, such gun rights advocates summarily cite sacred Declaration of Independence language of "a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government," and Thomas Jefferson's words "The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants."

In  doing the foregoing, gun rights activists fail to recognize that the formation of the United States under the Constitution changed the situation. The Constitution set up an elaborate legal framework for protecting the American people from their government becoming despotic and tyrannical, including representative government determined by elections and voting by citizens; free speech and the "right of the people peaceably to assemble, and to petition the Government for a redress of grievances;" prohibitions against unreasonable searches and seizures by the government; and procedures for amending the Constitution.

In this legal framework, the Second Amendment does not give citizens the right to bear arms against the Federal government and avail of their guns to change the government by force and violence.

Congress has the power to enact laws against treason, sedition and subversive activities in order to protect the United States, and Congress has done so. See  https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title18%2Fpart1%2Fchapter115&edition=prelim.

The gun rights advocates, who go nuts over any governmental regulation because they take the Second Amendment as giving them the right to use guns and violence against a Federal government they contend is tyrannical and despotic, are wrong.  Such gun rights advocates need to acknowledge that they are wrong, and they need to join in conversation regarding what gun regulation  is a reasonable exercise of the government's police power.

To advance a gun control agenda, besides laying out the foregoing to gun rights advocates, I think it is helpful to lay it out to other interested parties and entities, including business chambers of commerce, law enforcement, and health care providers. Getting those parties and entities to be expressly aware that the Second Amendment does not give citizens the right to bear arms against the government will allow them to better respond to gun rights advocates who go nuts over any governmental regulation of guns. .

I have been trying to press the foregoing on gun rights advocates and to approach business chambers of commerce and law enforcement about the same. I will continue doing this.

If you think what I am doing can help you in trying to advance your gun regulation agenda in Birmingham, I would like to talk with someone in your administration about what I am doing, find out whether they have suggestions for my improving what I am doing, and learn if they can refer me to others who wish to contribute to my efforts.

Thank you for you attention to this letter.







Wednesday, August 25, 2021

My objection in BCBS class action settlement

[Below is the objection I filed in the BCBS class action settlement. https://al6thcongdist-ihaveuntiljan13.blogspot.com/2021/05/bcbs-settlement-reducing-health-care.html]

Robert D. Shattuck, Jr
3812 Spring Valley Circle
Birmingham, AL 35223
(205) 967-5586
rdshatt@aol.com

July 12, 2021 



BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Blue Cross Blue Shield Settlement
c/o JND Legal Administration
PO Box 91393
Seattle, WA 98111

copies to
BLUE CROSS BLUE SHIELD SETTLEMENT
C/O MICHAEL D. HAUSFELD HAUSFELD LLP
888 16th Street NW, Suite 300
Washington, DC 20006

BLUE CROSS BLUE SHIELD SETTLEMENT
C/O DAVID BOIES
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, NY 10504

DAN LAYTIN
KIRKLAND & ELLIS LLP
300 N. LaSalle St.
Chicago, IL 60657

 

Dear Sirs:
I object to the settlement in In re: Blue Cross Blue Shield Antitrust Litigation.
 

A. Description of my objections 

I believe that the effect that Defendants' business practices had on health insurance premiums and health care costs during the years 2008 through 2020, and the effect of the Injunctive Relief in the future, are grossly speculative. 

With said effects being grossly speculative, Plaintiffs' attorneys are in a position to agree to any settlement, practically no matter how small, and thereby receive very large attorneys' fees. 

Defendants' officers and directors can go along with a small settlement that will not have a material adverse effect on Defendants' business, and the stakeholders in the Defendants will not be bothered to complain about the settlement being excessive (since the settlement is small). 

In the foregoing situation there is potential for Plaintiffs' attorneys abusing the judicial branch of government to get large attorneys' fees on grounds that are grossly speculative, so grossly speculative that there was no detriment from the business practices for 2008 through 2020, and, in the future, the Injunctive Relief will in fact be detrimental, and not beneficial, to class members and to other consumers of health insurance. 

To appreciate how grossly speculative the effect of the Defendants' business practices was, and of the Injunctive Relief in the future, requires extensive knowledge about health care markets and health insurance markets. These markets are extremely complex in their workings, and there are many different business practices by many different actors in the said markets that are interrelated and have interrelated effects. For example, if a business practice of an actor is precluded, it is speculative about what other practices will be adopted or modified, and what the net effect will be on health insurance premiums and health care costs  

With things being so grossly speculative, Plaintiffs' attorneys will not lose sleep over whether Defendants' business practices in 2008 to 2020 were, and Injunctive Relief will be, beneficial, neutral or detrimental to health insurance markets and consumers of health insurance. 

There are, however, governmental officials and entities who are charged by law to be concerned about how health insurance markets work for consumers and what changes will improve or not improve their operation for consumers. 

Even these knowledgeable and experienced governmental officials and entities may be beset by great uncertainty in judging the detriment, if any, of Defendant's business practices in 2008 through 2020, and the benefit, if any, that will come from the Injunctive Relief, in the complex and interrelated markets for health insurance and health care. 

To protect the judicial branch from being abused by Plaintiffs' attorneys, the Court should hear from one or more of these governmental officials and entities about what their opinion is concerning the detriment of Defendants' business practices in 2008 to 2020, and net benefit the Injunctive Relief will provide to class members and other consumers in the health insurance market. 

To that end, I have solicited governmental officials to review the settlement agreement and to give the court the benefit of their views, as aforesaid. 

I have been doing this in the form of a letter I have disseminated to them by various means in the form set out at https://al6thcongdist-ihaveuntiljan13.blogspot.com/2021/05/bcbs-settlement-reducing-health-care.html  

The named addressees of said letter are my state and Federal officials consisting of Alabama Gov. Kay Ivey, United States Senator Richard Shelby, United States Senator Tommy Tuberville, U.S. Rep. Gary Palmer, Alabama Attorney General Steve Marshall, Alabama state Senator Dan Roberts, and Alabama state Rep. Jim Carns. Said officials may forward my solicitation to appropriate other governmental officials and governmental departments and agencies having the needed expertise to review the settlement. 

I have not received any responses as of this time. 

I will continue my solicitation of them and of possibly other appropriate Federal and state governmental officials. In my further solicitation, I may revise the foregoing form of letter and also include a copy of this letter of mine making my objection. 

I will supplement this objection by providing to the addressee and copied parties on this letter such written responses as I receive from governmental officials and entities in response to my foregoing solicitation. 

I am uncertain at this time whether I will attend the Fairness Hearing on October 20, 2021. A main factor affecting whether I will attend is whether any governmental official or officials will attend with me and speak to the Court or whether I have been provided with a written submission or submissions to the Court that I want to present in person to the court.  

B. Information related to me  

My full name, address, email address, telephone number are set out above. 

I turned 65 in 2012. To the best of my knowledge and belief, from 2008 until 2012 I was insured under the Blue Cross Blue Shield of Alabama Individual Plan that Blue Cross Blue Shield of Alabama provided from 2008 to 2012. I contacted toll-free (888) 681-1142 to try to obtain confirmation of my Blue Cross Blue Shield of Alabama dates of coverage and was told that the Administrator did not have such information at this time, but that information would be obtained when needed. An automated message on (888) 681-1142 said I should not contact Blue Cross Blue Shield for the information because it was not set up to respond to inquiries from members of the class related to the class action. 

My objection applies to both Settlement Classes.  I have no counsel representing me in this objection, and there are no former or current counsel who may be entitled to compensation for any reason related to my objection There is no agreement trelating to my objection or the process of my objecting between me and any other person or entity: 

Signed 

_______________________________

Robert D. Shattuck, Jr. 

I declare under penalty of perjury that the information provided in my above objection is true and correct. 

_________________________________________

Robert D. Shattuck, Jr.

 


Thursday, August 5, 2021

Working with Twitter's algorithms

As indicated in Request for Twitter #alpolitics info, sometimes my tweets are appearing on #alpolitics hashtag, and sometimes they are not. Also, I don't know the extent to which my tweets are appearing on Notifications of mentions in my tweets, so that the mentions are at least aware of my tweets, whether or not they choose to read the tweets or respond to them.

In the discourse that takes place on Twitter, I will do things to try to counteract the foregoing situation and try to have visibility of my communications on #alpolitics and identify whether my tweets are appearing on Notifications of mentions of my tweets.

8/7/21
As best I can tell right now, Twitter is shadow banning any tweet of mine that has a link to this blog, meaning that the tweet cannot be seen on #alpolitics hashtag. (If you are able to see such a tweet on #alpolitics hashtag, it may be because you are following me, but those who are not following me will not see the tweet) .I think my use of multiple mentions in my tweets, such as multiple mentions of TV reporters, is not subject to shadow banning, except that I don't know for sure that my tweets appear on the Notifications of TV reporters who are mentioned.

3/13/22
Twitter limited the below tweet.

For information about my campaign to Alabama TV stations to up their game in 2022 elections, see 
Unchecked political diarrheaAm I bugging AL TV stations too much, and Editorializing by AL TV stations.

Below are more tweets of mine that Twitter limited and that I am posting here.