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Official SCOTUS Thread (Prop 8, DOMA arguments)

  • Mr. Tiffles said...

    why does she have a pornstar name?

    Well, her biological mom was a cokehead. Pretty sure that's where the last name is from.

    Justerp

  • Mr. Tiffles said...

    why does she have a pornstar name?

    The hilarious thing is her father is a multi millionaire. If she ever needed money she could go crawling back to daddy

    RedandWhite

  • RedandWhite said...

    Just roasted justins ex

    she looks hot, but it could just be the myspace angle. regardless, someone needs to bang the stupid out of her.

    RDurr

  • http://www.theonion.com/articles/area-man-passionate-defender-of-what-he-imagines-c,2849/

    TheArsenal

  • PaulUMD said...

    Several =/= 17. Moderate Dems in red/purple states had to vote this way.

    I think that's convenient speculation because it's viewing the situation as entirely political, which it's not. But I think we should analyze those 17 Dems' quotes and press releases about why they voted for contempt. While the NRA is a powerful political entity, I don't think a contempt vote on F&F is going to be the influencing factor in many of their re-election bids (that is, as opposed to other issues).

    frode

  • Back to the decision...I thought this was a very interesting view of Roberts' decision.

    What's behind John Roberts's surprising decision? | The Daily Caller

    The chief justice's opinion is perhaps best understood as constitutional politics.

    dailycaller.com

    frode

  • frode said...

    I think that's convenient speculation because it's viewing the situation as entirely political, which it's not. But I think we should analyze those 17 Dems' quotes and press releases about why they voted for contempt. While the NRA is a powerful political entity, I don't think a contempt vote on F&F is going to be the influencing factor in many of their re-election bids (that is, as opposed to other issues).

    Seriously?...of course it's not speculation. Blue dog dems sitting in the middle of red america get :slattered all the time because of their NRA voting scores. You might want to think that's too convenient but it just happens to be true.

    9/21/2010...RIP Old IMS.

    Kaisersayzo

  • terps99 said...

    You can answer the same question -- whats the glaring error in his constituional analysis that overnight made him lose his status as a legal god?

    Well the good news is the Commerce Clause is not a run away power door for unrestrained Congressional meddling. The bad news is Roberts failed to put in any restraint on Congress' actions to compel action through the use of punitive taxes. As ridiculous as this sounds, based on Roberts' opinion, what prevents Congress from requiring everyone buy a cell phone or own one or be taxed for failure to comply?

    tagterp

  • crofton said...

    This is really the lesser of Holder's two major current offenses. His bigger issue is the lack of appointing a special counsel to investigate the current intelligence leaks. Those leaks have surely cost us hundreds of millions we have invested to set up intelligence channels. They have compromised key resurces in key aeras. And the fact they were leaked for political gain is pretty much beyond debate,

    The photo below will serve in my mind's eye forever as the true characterization of Holder's thought process.

    IMO, all America's top secrets should be in the hands of SCOTUS. To have kept a lid on this 5-4 affirmation all this time without a single leak was impressive.

    Obama and his top aides leaked that information. And they did not lie about leaking top secrets as the Prez has the power to declassify anything, which Obama probably did!

    Grabbing that kid speaks to the power of an Attorney General's power when used for political purposes.

    tagterp

  • sohlman6 said...

    Same as my thoughts on this.

    Political theater with posturing on both sides. The issue will be the economy and moving ahead with the Affordable Health Plan will crater the economy through the election.

    In the final analysis, Obamna and his minions were ecstatic ("it is Constitutional Bitches") about the decision while opponents hung crape and looked for any hanging fruit to claim something of value.

    I think this decision cooked Obama's turkey dinner early but ruined the Country.

    tagterp

  • PaulUMD said...

    Not a thing. But that's why there were Dems voting for contempt, not because they believed in this witch hunt.

    I hope the time will come when the facts come out, and we know who did what, when and how as well as who orchestrated the cover up. At that point, if the facts prove what I think they will, I will rejoice the moment this atrocious AG, the worst since John Mitchell, does the perp walk on his way to being finger printed and booked

    tagterp

  • tagterp said...

    Well the good news is the Commerce Clause is not a run away power door for unrestrained Congressional meddling. The bad news is Roberts failed to put in any restraint on Congress' actions to compel action through the use of punitive taxes. As ridiculous as this sounds, based on Roberts' opinion, what prevents Congress from requiring everyone buy a cell phone or own one or be taxed for failure to comply?

    What prevents Congress from requiring everyone to pay most of every dollar they make to the government? Let's say Congress passes a tax increase tomorrow and DOUBLES taxes. Let's say the marginal taxes are now 70%!! People get pissed. People appeal to the Supreme Court ... Court upholds the law as constitutional. That doesn't mean that the Court thinks the law is good policy or makes sense.

    What prevents Congress from doing really dumb things and what limits Congress passing stupid taxes? Well, in theory, the democratic process. Don't like it? Vote the idiots out and pass lower taxes through democratic means.

    This post has been edited 2 times, most recently by terps99 on 6/29/2012 at 3:43 PM

    terps99

  • terps99 said...

    It's amazing what a difference 24 hours makes. Having now read the full opinion and slept on it, I feel far more comfortable with it than I did yesterday.

    And I'm not sure if it was possible for Roberts's stock to go any higher in my mind, but it probably did. I think he did a great service to the Court and our judiciary yesterday, and in the long term, probably to the conservative cause. And on balance, I think this will hurt the president in the months ahead.

    Without your legal training, but having a great deal of respect for John Roberts' ethics and knowledge of the law, I was surprisingly calm when the decision came down and he wrote the majority opinion. And I said so yesterday.

    The action to fix the bill has passed to where where it belongs-- the Houses of Congress.

    tagterp

  • terps99 said...

    What prevents Congress from requiring everyone to pay most of every dollar they make to the government? Let's say Congress passes a tax increase tomorrow and DOUBLES taxes. Let's say the marginal taxes are now 70%!! People get pissed. People appeal to the Supreme Court ... Court upholds the law as constitutional. That doesn't mean that the Court thinks the law is good policy or makes sense.

    What prevents Congress from doing really dumb things and passes stupid taxes? Well, in theory, the democratic process. Don't like it? Vote the idiots out and pass lower taxes through democratic means.

    That makes sense, but the insidious nature of the "it is not a tax" lie Obama spread, was there were a tleast 4 Democratic Senators who would not vote for the bill if it included new taxes, though two were bribed with considerable taxpayer money for their States to get their votes, so maybe that is not true.

    But this is how the process is supposed to work, except for the lying and apparent stupidity. It looked like a tax, was enforced by the tax collector, and it was silly to believe it was not a tax.

    I said this yesterday, 8 Justices played politics and one justice called it fairly according to the law.

    tagterp

  • terps99 said...

    What prevents Congress from requiring everyone to pay most of every dollar they make to the government? Let's say Congress passes a tax increase tomorrow and DOUBLES taxes. Let's say the marginal taxes are now 70%!! People get pissed. People appeal to the Supreme Court ... Court upholds the law as constitutional. That doesn't mean that the Court thinks the law is good policy or makes sense.

    What prevents Congress from doing really dumb things and what limits Congress passing stupid taxes? Well, in theory, the democratic process. Don't like it? Vote the idiots out and pass lower taxes through democratic means.

    Wait until we see what some idiot Republican does with this and national defense. Kaaa-ching!

    And for all the shortsighted dumbfuck folks who haven't figured it out yet:

    It'(ll be) constitutional, bitches!

    (muttering of something like "so much fail" fades into the distance)

    sigman58

  • Hat tip to PantsEnFuego

    attachment

    "And I try to har-mo-nize with songs the lonesome sparrow sings... There are no kings inside the Gates of Eden."

    dixonownsyou

  • ...

    attachment

    "And I try to har-mo-nize with songs the lonesome sparrow sings... There are no kings inside the Gates of Eden."

    dixonownsyou

  • ...

    attachment

    "And I try to har-mo-nize with songs the lonesome sparrow sings... There are no kings inside the Gates of Eden."

    dixonownsyou

  • Gotta upvote the mess with CNN and Fox one...

    sigman58

  • sigman58 said...

    Wait until we see what some idiot Republican does with this and national defense. Kaaa-ching!

    And for all the shortsighted dumbfuck folks who haven't figured it out yet:

    It'(ll be) constitutional, bitches!

    (muttering of something like "so much fail" fades into the distance)

    The great thing about legislatures is that one idiot Republican can't get your example accomplished. To make your example come true would take a large number of idiot Republicans, plus some equally idiotic Democrats, acting in concert. In which case we'd be in exactly the same position we were one week ago, or one year ago, or ten years ago. As it stood then and as it stands now, Congress can pass anything they're allowed to pass, no matter how idiotic, as long as it doesn't run afoul of the Supreme Court. Realistically, it seems to me that little has changed except to reaffirm the status quo.

    Repeal Glass-Steagall just 'cuz everything has been going so well lately? Force Fanny and Freddy to allow hopelessly dangerous financial transactions to happen by the millions? Launch a second simultaneous land war in Asia based on cooked-up evidence? Pass the greatest ever expansion to Medicare and make zero effort to fund it, shoving well over $1 trillion directly onto the national debt? Give the Postal Service a mere 10 years to pre-pay 75 years of future health benefits into a fund, thereby unnecessarily saddling it with crushing debt for decades? Congress can do all of these things, and has. They didn't need the health care ruling for that, and the health care ruling wouldn't stop any of that now. In fact, the health care ruling didn't even stop the Affordable Care Act's most controversial provision, and that was the whole reason for the conservative challenge to the law in the first place. What has changed?

    The ruling basically seems to affirm the way Congress already works. They can't go further than roughly where people already assumed they had to stop. But they can still do exactly the thing a lot of people wanted to stop Congress from being able to do in the first place. Now the remaining debate is demoted about a half-dozen ranks, to whether the individual mandate is still to be called a mandate or a tax. Up until yesterday, both sides had political reasons to INSIST that it was a mandate, not a mere tax. To call it a tax today because Roberts did yesterday, you have to claim that your guy, the fastidiously conservative Chief Justice of the United States Supreme Court, the man noted as perhaps his generation's foremost authority on the practical application of Constitutional law and limits thereto, has a flawed understanding of constitutional law but nails tax law dead nuts. Call it a tax for any other reason, and Roberts was correct in his ruling. There's not much conservative victory in all that, in politics or in principle.

    I shared people's concerns over what else could be mandated if health care coverage was mandated, but hey -- health care was still "mandated." Maybe someone who knows a ton more about this than me can comment on why Congress can't impose a tax on everyone, and then offer a deduction to those who can prove they exercised their free will to eat at least x pounds of broccoli during the last last tax year. Is this now impossible to pass in principle?

    mrjah

  • LMAO.

    I received an email from the company benefit office first thing this morning.

    The wording was euphemistic, but tersely stated that 1) The company is seeking new options and cost reductions to the current medical election plans and that they may be subject to change significantly, and 2) All dependants currently enrolled will have to pass rigorous requalification to be elegible for the new benefit elections that will be offered.

    I'm loving this already.

    Is there anybody here familiar with "what's in it" that would do me the favor of interpretting these signals for me?

    This post was edited by WTF on 6/29/2012 at 9:41 PM

    WTF

  • Might that email have been sent regardless of the ruling?

    I mean, I don't see how coverage would have gotten cheaper if the law were thrown out and the status quo maintained. And it certainly seemed that many major coverage providers were going to stick with some key changes required by the law regardless of the USSC ruling.

    I'm basically just curious about all the wild claims at this point, given that the law's passage is over and done with. This thread has me convinced of nothing thus far except that there are no obvious bugaboos truly waiting to ruin America.

    mrjah

  • mrjah said...

    Might that email have been sent regardless of the ruling?

    I have no idea. Very odd coincidence? Our benefit election period is in November, and these emails start to show up usually in Sept or Oct. I do know that there is no way that the memo was prepared after the ruling.

    Whether it was prepared ahead of time in case of the ruling I don't know. I will tell you that my company is a large multinational with plenty of HR and legal counsel working on stuff like this continuously.

    This post has been edited 2 times, most recently by WTF on 6/29/2012 at 9:54 PM

    WTF

  • I think I'm starting to come around to what Roberts was trying to do (my guess). He had to be as true as he could to the integrity of the SCOTUS, while positioning the law as abominably as possible, in order to force the American people to choose their own destiny, instead of relying on what is always a whimsical SCOTUS. A tax is guaranteed to piss off voters. Of course, he DOES want to see Obamacare gone, but didn't want SCOTUS to be the direct mechanism for it, for many reasons, mostly political.

    So, he came up with an interpretation of the mandate that probably would be rejected by most appeals courts, but who rejects SCOTUS? The ball is now in the court of the American voters.

    SATerp

  • WTF said...

    I have no idea. Very odd coincidence? Our benefit election period is in November, and these emails start to show up usually in Sept or Oct. I do know that there is no way that the memo was prepared after the ruling.

    Whether it was prepared ahead of time in case of the ruling I don't know. I will tell you that my company is a large multinational with plenty of HR and legal counsel working on stuff like this continuously.

    I wouldn't imagine that it's a coincidence -- but perhaps it's tied to the watershed nature of the USSC's decision, rather than being tied to which way the USSC ended up ruling. Certainly I, too, would wait to trigger a review of my own multinational's hypermassive coverage options until I actually knew which way the court had ruled. And I'd pull the trigger on that review no matter what that outcome was.

    It seems clear that there is more perceived uncertainly when a new law becomes a permanent part of the landscape vs. when the status quo is upheld; it's only natural to seek to understand the new world. I'm just not sure that the ruling we got would push a large, well heeled employer to consider slashing coverage with rational fact-based justification, whereas they would rationally decide to keep the same coverage if Roberts killed the Act. I think it's also fair to say that the old status quo was dead and buried no matter which way the USSC ruled. A lot of things had already changed and coverage providers didn't seem so eager to reverse the changes. I certainly would feel that it's mandatory to review all options and possibly make changes.

    Actually, that's exactly what we did at my company in Boston when Romneycare was enacted. As it turned out, the most noticeable impact of the law for us was as follows: Once per year at work you fill out a single form on which you either indicate that you have health care through your employer, or indicate that you turned it down in order to get covered by Company X instead. And you have to list which Company X it is who is covering you. Any mandate or tax, whatever people want to call it, basically is only levied on the stupid.

    Anyway...

    mrjah