tag:blogger.com,1999:blog-6329595.post8942372139860504838..comments2024-03-28T03:36:23.587-05:00Comments on Althouse: "Chilling comment on Adam Liptak's NYT piece on the South Carolina employment benefits lawyer who focused attention the statutory text that might wreck Obamacare."Ann Althousehttp://www.blogger.com/profile/01630636239933008807noreply@blogger.comBlogger82125tag:blogger.com,1999:blog-6329595.post-64160982140194684642015-03-04T13:14:47.870-06:002015-03-04T13:14:47.870-06:00Revenant said...
Eh, lefties like to make those so...Revenant said...<br />Eh, lefties like to make those sorts of empty threats.<br /><br />I'm pretty heavily armed. Bring it.<br /><br /><br />Not just liberals. I think you'll find that just about anyone on the left side of the intelligence bell curve will threaten violence when frustrated. It just so happens that most of those people tend to be liberal.Rustyhttps://www.blogger.com/profile/00938263272237104128noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-26041365812531872982015-03-04T11:58:39.077-06:002015-03-04T11:58:39.077-06:00So the ACA is the law of the land today? Lots of t...So the ACA is the law of the land today? Lots of things used to be the Law of the Land that aren't legal today. Can't believe anybody thinks that is a "shut up, I just proved I'm right" argument.Delaynahttps://www.blogger.com/profile/07443991439305465944noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-33634137474042067002015-03-04T10:21:28.506-06:002015-03-04T10:21:28.506-06:00All you racists need to see the poor and hungry th...All you racists need to see the poor and hungry that are suffering from obesity! How dare you not sacrifice your measly lives to help unfortunate Billionaires who only have a few hundred measly Billions and can't afford to pay their slave from Guatemala enough to live in a mud hut on the bad side of the Ghetto! You Bourgeoisie Burger eating ax murderers have to pay to support slavery that your racist ancestors abolished in their racist belief in racist freedom! Viva la pasta! Anonymoushttps://www.blogger.com/profile/10330477950146402313noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-3098969193983297162015-03-04T09:20:27.938-06:002015-03-04T09:20:27.938-06:00"Except that that title defines the word &quo..."Except that that title defines the word "state" as one of the fifty states or the District of Columbia. Reading "state" generically is textually foreclosed."<br /><br />-- When this first came up a year or so ago, I did look to see if state was defined somewhere in the text to see if that argument could save them and came to the same conclusion other people have: State has a meaning that can't be weaseled out of.Matt Sablanhttps://www.blogger.com/profile/15885240752820005149noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-90204107339770513092015-03-04T09:15:34.209-06:002015-03-04T09:15:34.209-06:00"It's about creating a framework where &q..."It's about creating a framework where "the government" has the unilateral power to grant waivers and exceptions to burdensome regulations purposely written so complicated and Byzantine that no party is able to follow then let alone understand them. "<br /><br />That's the tax code as well.Matt Sablanhttps://www.blogger.com/profile/15885240752820005149noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-20492471904593840072015-03-04T08:45:47.325-06:002015-03-04T08:45:47.325-06:00On the right you see "come take them," m...On the right you see "come take them," meaning if you first act with force to take my rights that will be met with force in return.<br /><br />Contrast with the left.<br /><br />If you make a reasonable and legal argument that undermines something I like I'll incite force against you.<br /><br />Tell me again how the tea party is terrorists.Anonymoushttps://www.blogger.com/profile/17339755800489124125noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-62728275960857910292015-03-04T08:45:18.939-06:002015-03-04T08:45:18.939-06:00Brando said,
"Surely if the Obamists could g...Brando said,<br /><br />"Surely if the Obamists could go back in time and draft it to also make subsidies available to residents of states without state exchanges, they would."<br /><br /><br />But then Roberts would have ruled it un-Constitutional in the first ruling. It was written that way specifically to avoid the Commerce clause-- Healthcare has always been deemed to be the purview of the states, but by creating these interconnected "state run exchanges" healthcare becomes "interstate commerce" regulated by the Federal government. However 37 states did not take the bait of "expansion of medicaid", thus the political fiscal arm of the executive department changed the law by making its "rule". It had to be written that way, "in context".Mickhttps://www.blogger.com/profile/17690387841961933861noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-8731986837470402772015-03-04T08:27:43.378-06:002015-03-04T08:27:43.378-06:00"No, not true. In "context" the bil..."No, not true. In "context" the bill has to be read as "established by the state" because Roberts would have made the opposite initial "legal" ruling as a tax, since he would have said that the Federal government cannot force the states to expand Medicaid.<br /> "Established by the state" is what is meant to be written. They just thought that most states would create an exchange, and those that did not would be demonized into following. That 37 states did not create an exchange caused the IRS (an obvious political arm of the Executive-- See IRS scandal)to rewrite the law by issuing their "rule" in which they basically rewrote the law."<br /><br />The Left is arguing now that this was really a drafting error, because of course subsidies should apply to those in states where a state exchange wasn't set up and the federal one was used by its residents (see the Washington Post editorial making that case today). Surely if the Obamists could go back in time and draft it to also make subsidies available to residents of states without state exchanges, they would.<br /><br />But, they didn't--whether intentional or by accident it doesn't matter. The Court needs to rule on what the law says when it's unambiguous, and it'd be pretty egregious if they didn't do that here.<br /><br />Though I wouldn't be too surprised if they punt by dismissing this due to lack of standing.Brandohttps://www.blogger.com/profile/06219319435229314554noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-45066267585690645292015-03-04T08:21:04.371-06:002015-03-04T08:21:04.371-06:00"A phenomenon which I have been observing is ..."A phenomenon which I have been observing is the extent to which leftists do not actually believe in the principles they profess."<br /><br />Fen's Law: The Left doesn't really believe in the things they lecture the rest of us about<br /><br />I coined it during the Clinton impeachment when, after years of teaching us that sexual predation in the workplace is wrong, the Left suddenly decided that Clinton's sexual discrimination, sexual harassment and sexual assault in the workplace were "just about sex, MoveOn".<br /><br />Its useful to remember so you don't waste time arguing a point they didn't believe in to begin with. In this instance, attacking their "the law is the law!" angle is pointless because that's not what they ever believed - it was just a useful cover their true motivations. You have to figure out what that is and attack that instead.Fenhttps://www.blogger.com/profile/16734571593963330215noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-25656047408527762662015-03-04T08:06:47.190-06:002015-03-04T08:06:47.190-06:00Brando said,
"This mess could have been avoi...Brando said,<br /><br />"This mess could have been avoided if the Democrats went the normal route and cleaned up the bill in conference, rather than passing a draft version in reconciliation."<br /><br /><br />No, not true. In "context" the bill has to be read as "established by the state" because Roberts would have made the opposite initial "legal" ruling as a tax, since he would have said that the Federal government cannot force the states to expand Medicaid.<br /> "Established by the state" is what is meant to be written. They just thought that most states would create an exchange, and those that did not would be demonized into following. That 37 states did not create an exchange caused the IRS (an obvious political arm of the Executive-- See IRS scandal)to rewrite the law by issuing their "rule" in which they basically rewrote the law.Mickhttps://www.blogger.com/profile/17690387841961933861noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-26814475435312647282015-03-04T08:02:06.063-06:002015-03-04T08:02:06.063-06:00A phenomenon which I have been observing is the ex...A phenomenon which I have been observing is the extent to which leftists do not actually believe in the principles they profess. In this case, respect for the rule of law. "ACA/Obamacare is the law! Obey it! Submit to it! Stop fighting it!" And when someone points out the law *actually* says (something painful)... suddenly they act all concerned about people becoming violent because "they have nothing left to lose". Projection. And in this case, projecting a naked will to power and violence. The left only cares about the rule of law to make people obey. Heck, they don't even respect "obey the law, if you don't like it, then change it".<br /><br />I have a student/friend who was complaining about this state's governor not expanding Medicaid. "ACA is the law of the land. He should obey the law". I thought (1) this law at least allows states not to do this, so he is obeying it and (2) what about Obama's blatantly illegal delays in implementing key parts of the law, to avoid the political backlash that would hurt Dems' in forthcoming elections? Obama is definitely flouting this law. My student/friend didn't really care about "law". Heck, he didn't even describe the law correctly.Rick67https://www.blogger.com/profile/16764011597156012973noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-36997930391240052432015-03-04T06:00:52.901-06:002015-03-04T06:00:52.901-06:00Typical representative of the Mindless wing of the...Typical representative of the Mindless wing of the Left--blame the lawyer who found your mistake, not the people who made the mistake in the first place. <br /><br />This mess could have been avoided if the Democrats went the normal route and cleaned up the bill in conference, rather than passing a draft version in reconciliation. If they were that worried about Scott Walker giving the Republicans enough votes to fillibuster, they could have nuked the fillibuster (as Reid eventually did anyway, for judicial appointments) or tried to sell their law to the American people. If it were more popular, some blue state Republicans would have felt the pressure to vote for it.<br /><br />This is what you get for ramming the law in half-baked. The Dems were sure it would eventually become a big winner for them, and took their gamble. Brandohttps://www.blogger.com/profile/06219319435229314554noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-62126196607750068192015-03-04T05:43:23.567-06:002015-03-04T05:43:23.567-06:00Thanks to those who defended me against Skyler'...Thanks to those who defended me against Skyler's ridiculous attack (accusing me of not reading something right precisely because of not reading me right).<br /><br />"Althouse: I noticed how you emphatically used the word "evil" twice."<br /><br />Actually, the reason I did that was mostly for the technical reason of needing to insure that the "it" in "it's ludicrous" would be read to refer back to "evil to waft" and not the intervening notion of "the incitement to support arresting Cold." <br /><br />I really do work at writing things concisely while still trying to avert misreadings. I can't do anything about readers like Skyler who are just skipping text or whatever, but I try to see places where there could be ambiguity, like that case of 2 possible antecedents for a pronoun. That said, I tried to make the second "it's evil" feel meaningful and not just technical. Ann Althousehttps://www.blogger.com/profile/01630636239933008807noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-70027742979305070932015-03-04T04:54:55.897-06:002015-03-04T04:54:55.897-06:00Who will rid me of this meddlesome employment bene...Who will rid me of this meddlesome employment benefits priest?Tom from Virginiahttps://www.blogger.com/profile/12184321679809771623noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-21631325364699744132015-03-04T04:19:21.915-06:002015-03-04T04:19:21.915-06:00I apologize to our hostess for not noticing her co...I apologize to our hostess for not noticing her comments about imminence. I think she has a policy of not editing her posts and I do have a habit of skimming, so I freely admit my error in my previous post. <br /><br />However, I see nothing to complain about. Free speech is free speech. We as a society are either committed to free speech or we are not. I don't read a threat and I don't think people who would do such things wil need inspiration from comments in the New York Times. The less attention paid, the better. People shouldn't read that rag anyway.Skylerhttps://www.blogger.com/profile/10574746114813075566noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-62456462632264848772015-03-04T03:31:35.642-06:002015-03-04T03:31:35.642-06:00Shades of what Scott Walker and the WI John Doe ta...Shades of what Scott Walker and the WI John Doe targets must have felt as well. The left and union thugs are sometimes unhinged.FleetUSAhttps://www.blogger.com/profile/08027592116431211933noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-61057466272946842892015-03-04T02:52:04.853-06:002015-03-04T02:52:04.853-06:00That's the way the little dictators on the Lef...That's the way the little dictators on the Left roll (not that the "R" team is much better). They are basically 13 years old.<br /><br />As for the ACA "law", the whole thing was created out of a lie and is a lie, and is only a power play of the criminals that run this Usurper government--- all have committed treason.<br /><br />If the subsidies were available in states that did not set up an exchange then there would be no reason for states to set up an exchange--- Duh, pretty simple really. But I'm sure all those brilliant "lawyers" will make it real complicated.<br /><br />In his original decision legalizing this POS as a "tax" Roberts even implied that the acquiescence of the states would make it legal in fact. That 37 states did not is nullification of the "law".Mickhttps://www.blogger.com/profile/17690387841961933861noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-52952626604499617452015-03-04T02:20:40.301-06:002015-03-04T02:20:40.301-06:00At the end of the day, I don't think the ACA i...At the end of the day, I don't think the ACA is really about health care any more than Net Neautrality is about neautrality (or the net for that matter). <br /><br />It's about creating a framework where "the government" has the unilateral power to grant waivers and exceptions to burdensome regulations purposely written so complicated and Byzantine that no party is able to follow then let alone understand them. <br /><br />The constant waivers and carve outs of the ACA are not an attempt to "fix" anything; they're the whole point of the law. <br /><br />The ability to grant favors to friends - like the ability to sell indulgences - carries with it quite a bit of power. Todd Robersonhttps://www.blogger.com/profile/17062902415664839354noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-66683439264260369772015-03-04T00:01:42.480-06:002015-03-04T00:01:42.480-06:00@ David 10:10
I believe Skyler is one of them lawy...@ David 10:10<br />I believe Skyler is one of them lawyer critters who has at times masqueraded as a US Marine.JALhttps://www.blogger.com/profile/15503869597362866878noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-27064705284183546942015-03-03T23:58:22.261-06:002015-03-03T23:58:22.261-06:00So why attack the lawyer. Why not the stupid imbec...So why attack the lawyer. Why not the stupid imbeciles that dreamed up 'we have to pass it in order to find out what is in it' and voted for it! Not to mention the 'one' that signed it into law.<br /><br />Nah.. easier to blame those who now actually read it.Paulhttps://www.blogger.com/profile/11635784352780834494noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-63588376871388517582015-03-03T23:37:42.886-06:002015-03-03T23:37:42.886-06:00But remember to be cruelly neutral about these peo...But remember to be cruelly neutral about these people...richard mcenroehttps://www.blogger.com/profile/10659450906647134430noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-65827501196646798992015-03-03T23:23:32.598-06:002015-03-03T23:23:32.598-06:00Althouse: I noticed how you emphatically used the ...Althouse: I noticed how you emphatically used the word "evil" twice. It's not just the comment that's evil, however. The whole program is evil, in its deceit. Its coercion. Its utter incompetence. The ACA's a standard of political evil, emblematic of this administration's collectivist malevolence.AmPowerBloghttps://www.blogger.com/profile/18236333181889271910noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-15918420924118289792015-03-03T23:19:03.721-06:002015-03-03T23:19:03.721-06:00If enforcing the law wrecks it, then it was not ve...If enforcing the law wrecks it, then it was not very well written (or thought out). It was passed in haste and the Obamafrauds have violated its provisions time and time again to avoid bad political results. <br /><br />It's ad hoc government. The Law could just be a blank fucking page as far as this Administration is concerned. They do what they want because they know there are enough criminal Democrats in the Senate to block any attempts to hold this gangster government accountable. Real Americanhttps://www.blogger.com/profile/07457301904108193495noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-72897988184689746422015-03-03T22:49:42.854-06:002015-03-03T22:49:42.854-06:00But it was a Gruber's carefully designed pit d...But it was a Gruber's carefully designed pit dug for the States to fall into and thus prove the Fedes had the power to coerce them with Free Money offers that they could not refuse.<br /><br />Now they have fallen into the pit they dug. <br /><br />So they are angry alright. Angry at a Just God.traditionalguyhttps://www.blogger.com/profile/05706120413005530014noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-6259974491801953072015-03-03T22:28:43.940-06:002015-03-03T22:28:43.940-06:00I deleted this comment, then reposted with a chang...I deleted this comment, then reposted with a change in spelling. Just to 'underscore' my point of how things can be taken. As it were.<br /><br />No knock on the door yet.<br /><br />I am Laslo.Laslo Spatulahttps://www.blogger.com/profile/01723170304227216635noreply@blogger.com