Tag Archives: David Scott Whinery, Esquire


After two years of wrangling since the passage of “Obamacare,” the Supreme Court of the United States has spent the last three days hearing oral arguments about the “Constitutionality’ of the new law. And being an Esquire, I’ve been absorbed by the proceedings. Using my “superior legal reasoning” bestowed upon me by the faculty at Washburn Law School, here are the two simple reasons this health care law is going down in flames.

Number 1: The law mandates that everyone must buy insurance and if you don’t, you pay a penalty which is collected by the I.R.S. Insurance is contractual in nature and a citizen cannot be forced to sign a contract under duress. If threatening a person who does not buy insurance with the I.R.S. is not duress, I don’t know what is…

Number 2: The Severability Doctrine: this is a legislative concept which allows for one part of a law to be found Unconstitutional but leaves the rest of the law intact. The Democratic Leadership of the Senate- in all their “brilliance” forgot to put a severability clause into the final bill signed by Obama. And without this clause, the Supreme Court can throw out Obamacare, in toto, if just one part is found to violate the Constitution.

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Whinery: The Afghan Massacre versus Harry’s War

Was this tragedy predictible?

The shocking Afghan Massacre that reminds me of a certain war movie you may have seen.

“Charging a Man with murder in this place was like handing out speeding tickets at the Indianapolis 500.” Captain Willard, Apocalypse Now.

On March 11, 2012, Army Staff Sgt. Robert Bales, 38, “allegedly” killed 16 Afghan Civilians during his fourth tour of duty to a warzone. And today, Mr. Bales is to be officially charged with 17 counts of murder, 6 counts of attempted murder and 6 counts of aggravated assault.

So why does something like this happen? 

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Whinery: Taking Tony to Task on the True Meaning of Hate Crimes

Over at Tony’s Kansas City, a Mr. Botello has made quite the hullabaloo about Whites being unable to be the victims of Hate Crimes…

The context being an unfortunate occurrence at East High School. Too make a long story short, a young man of 13 – white and 13 years of age – was set on fire by two black youths- WHO WERE ALLEGEDLY CALLING HIM “WHITEY” among other epithets.       

Mr. Botello is of the opinion that this cant be a hate crime because racism is “institutional” and since whites are the “majority” and have the “power.”

In all due respect, sir, what a bunch of crap!

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Whinery: Pat Robertson Comes to His Senses, Says Legalize Pot

In one of the stranger developments in the battle to legalize marijuana, comes a new ally from an unexpected source…

Right-wing televangelist Pat Robertson has called for the “drug” to be legalized and regulated like alcohol.

In a New York Times interview last week, Mr. Robertson correctly points out how being tough on pot has led to massive overcrowding in prisons, excessive penalties for possession and billions of dollars being wasted on law enforcement.

The statistics back him up.

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Whinery: RUSH TO JUDGMENT, Sex, Lies & Cable TV

The political and media world erupted in a war of words the last few days over Rush Limbaugh’s comments about a Georgetown Law Student- a “Miss” Sandra Fluke

Starting with her testimony before Congress on the high price of contraception, a premise in and of itself debatable.

Rush’s now infamous comments aside, who is Miss Fluke and what did she say?

Here’s the part of her testimony Rush focused on:

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Every now and then an Obama Administration Official says something completely idiotic and insensitive…

Earlier this week Obama’s Energy Secretary, Steven Chu, when asked whether the goal of the Administration was to lower the price of gas, answered “No.”

How out of touch is this guy?

With his chauffered government vehicles and private planes paid for by “We, the People,” it’s clear that he appears uneffected.

 Now let’s take the time machine back and find out why Mr. Chu is so indifferent to the plight of average Americans.

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Whinery: Bill Cosby & KC Mayor Sly James Tell Urban Youth, Time to Measure Up

This past Friday legendary performer Bill Cosby give a lecture to the students at Kansas City’s Ruskin High School on the state of the black community…

The refreshing viewpoint Mr. Cosby brings to the table is the preaching of personal responsibility as opposed to blaming every problem blacks face on racism and slavery. In contrast to the Jesse Jackson and Al Sharpton’s of the World.

Mr. Cosby didn’t sugar-coat the problems facing black youth.

He told the kids to “pull up their pants, learn proper English, go to the library and work hard in school” if they want to succeed. He was also very critical of rap music with its negative portrayals of women and its glamorous portrayal of the drug trade.

I couldn’t agree more.

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Lets get one thing straight…

I’m not a Ron Paul supporter and will probably join the thousands of Americans who write-in Mickey Mouse for President when casting my ballot this November. That being said- I find Mr. Paul to be a most interesting candidate.

I saw Paul’s speech at Union Station Saturday night and it was a barn burner.

He identifies a lot of the issues that Americans are disturbed by and which are fueling the Tea Party & Occupy Wall Street protest movements.

Here are three major issues I’d like to address:

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Whinery: Whitney Houston & The Drug War

Having just watched the funeral of this legendary performer I can’t help but wonder if the way society treats drug addiction didn’t somehow contribute to her death…

Drug addiction is a public health issue that is primarily handled by the criminal justice system. Instead of throwing addicts into rehab we throw them in prison, which makes no sense whatsoever. A lot of people are of the opinion that drugs are evil, that they cause crime and ruin lives- all of which are true but isn’t because they are criminalized?      

By making drugs illegal the prices are artificially inflated, the proceeds are used to fund criminal enterprises and billions are being wasted in the “Prison- Industrial Complex” warehousing people that are sick and not necessarily criminal.

What if drugs were decriminalized, taxed and addicts were rehabilitated instead of incarcerated?

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Whinery: Beware the School Lunch Police

Just when you thought the “Nanny State” couldn’t get any bigger…

Are you ready for your child’s sack lunch to come under scrutiny? By a government inspector, that is. And you wonder why the government is bankrupt.

North Carolina deemed that a lunch consisting of a turkey & cheese on wheat sandwich, a banana, apple juice and potato chips did not meet the “nutritional requirements.”

Incidentally, this was exactly the same lunch I packed for a six year old today.

So what was the Inspector’s recommendation?

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Fashion forward Obama supporters can now flaunt their fervor by sporting high-end gear such as T-shirts, tote bags, scarves, dog bowls and sweaters- even nail polish!

The mastermind behind the “Runway to Win” project: Vogue editor Anna Wintour, who solicited top designers like Mark Jacobs, Vera Wang and others to donate their time and talent to raise money for Obama’s 2012 re-election effort.          

Not surprisingly, Republicans are crying foul, saying the effort violates campaign finance laws.

I think they’re just jealous.

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