Well, I must be getting over my jet lag because I find myself able to marshall rage at obvious stupidity again. And judging by the news today there is plenty of it. The difference between now and yesteryear though is that I find myself wishing to drive the point home more forcefully:
I’ve got more than a few people I could use that on now.
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Very well then, lets begin-I’ll start with Egypt. The ignorance the bulk of the news media has shown about the country is really appalling-more importantly I think people are really misjudging the Egyptian people. Will they screw up the revolution they are fomenting? Absolutely. But will Egypt become the next Iran? Not a chance.
Lets start with the hypocrisy that is present on both sides and the obsession of with tangential issues. Here is the voice of right wing America today:
Hey, look, folks, if the industry of talk radio was responsible for Tucson, how about blaming Obama’s Cairo speech for this? Yeah, have you seen, folks, the liberals, the Democrats, the media seem to be more embracing of the Muslim Brotherhood than the Tea Party movement. Have you noticed that? I have… “The Obama administration has aligned itself with Egypt for calls for orderly transition.” Orderly transition? What if this bunch turns out to be led by Al-Qaeda, the Taliban, or what have you? It’s the Muslim Brotherhood. For crying out loud, Obama “embraces,” “aligns itself with protests in Egypt”? Uhhhh.
That really caught me, because we don’t know who or what is behind this movement. We do know Obama has been focused on changing America. We do know that Obama has spent his time abroad apologizing for our past and he’s been lauded for doing this by our media, the left, the likes of Colin Powell. If he were a traditional American president, Obama would have been using our authority — our moral authority — and experience to ensure our best interests remain intact.
Now those who are long time readers know I really don’t care about any Arab’s opinion on anything-but to ignore what appears to be a genuine popular uprising is to act in our own disinterest. We just have to step back and watch this play out-we have no more ability to influence events than I have to influence the repeal of the USFSPA. ( Interestingly for people who are opposed to government intrusion in one’s life- NOT ONE TEA BAGGER has come out in opposition to that. Guess they can all afford three ex wives like Gingrich).
Let’s look at the facts: 1) The Army is in control-and if this goes over the edge there will be a lot of dead Egyptians in the streets, and most of them know that. 2) Egyptians understand the need to have tourists coming to their country and ships going through the Suez Canal. (Even though they don’t deserve it (it was never theirs) and in my perfect world the French and British would still run it). I believe we should give them some credit. They don’t want an Islamic Republic like Iran-they just want a new President. And they are jealous of their sovereignty-so people who say America “should be telling” Egypt what to do are ignorant. Thus in my opinion, we should just be sitting on the sidelines watching this play out.
Imagine if history had turned out differently and we had Islamic commentators “tisk tisk”ing over the Christianist “tea party brotherhood” uprising in South Carolina. Not every nation will act in US self interest and we are not the rulers of the world. We will be fine-no matter what happens. As for the Egyptian people? Well their needs are never going to be high on my list of concerns-they are still Arabs after all. But they are not Iraqis either- and not stupid enough to go back to 1966.
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Then there is the health care ruling. To read the columns on Facebook and Memeorandum it is the end of the world as we know it. Which is pretty amazing, given the fact that the douchebag Tea Party beholden judge had pretty much telegraphed what he was going to do long before the issuance of the ruling. What’s really amazing is that he took 78 pages to show how stupid he is :
Got that? The uninsured can only have a “substantial effect on interstate commerce” — and thus be regulated by Congress — if they are subject to the precise conditions which exist today all over the country, and which prompted the Act in the first place. The judge acknowledges this point, to his credit, saying that the Congress would of course have the power to regulate the millions of people who meet his five criteria above. But he then concludes: “But, to cast the net wide enough to reach everyone in the present, with the expectation that they will (or could) take those steps in the future, goes beyond the existing ‘outer limits’ of the Commerce Clause” (emphasis in original).
I suspect there will be a million words of legal and political analysis over the logic and viability of that conclusion.
Unsolicited and simplistic recommendations for the legislative branch? Also check. Judge Vinson wrote: “If Congress intends to implement health care reform — and there would appear to be widespread agreement across the political spectrum that reform is needed — it should do a comprehensive examination of the Act and make a legislative determination as to which of its hundreds of provisions and sections will work as intended without the individual mandate, and which will not.” In other words: Try again, Congress, and good luck with that!
Painfully half-hearted expression of regret for kicking the entire Affordable Care Act to the curb? Check. Judge Vinson wrote: “I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here” (emphasis added).
I am sure that others, including some of my colleagues here at the Atlantic, will be spending time in the coming hours and days further parsing the ruling. For me, for now, it’s enough to say that Judge Vinson delivered for opponents of the Act precisely what he had promised them one month ago in open court in the motion hearing; a epic, hero-to-a-cause ruling that somehow makes U.S. District Judge Henry Hudson’s ruling last month in Virginia, which also struck down the “individual mandate,” seem like a relative exercise in judicial restraint. And that’s saying something.
What is particularly interesting about this, to me, is the fact that the news media has just rolled and printed every word of this ONE opinion-yet scant attention is given to an equal level opinion that points out how nice it would be if Judge Vinson walked in front a bus had actually interpreted the law correctly.
The district court rejected this claim and upheld the minimum coverage provision as a valid exercise of Congress’s Commerce Clause power. The court rejected the premise of that argument, explaining that the “decision whether to purchase insurance or to attempt to pay for health care out of pocket, is plainly economic.” The court explained that these decisions, “viewed in the aggregate, have clear and direct impacts on health care providers, taxpayers, and the insured population who ultimately pay for the care provided to those who go without insurance.
The court emphasized that “[t]he health care market is unlike other markets. No one can guarantee his or her health, or ensure that he or she will never participate in the health care market. Thus, [t]he question is how participants in the health care market pay for medical expenses — through insurance, or through an attempt to pay out of pocket with a backstop of uncompensated care funded by third parties. Far from ‘inactivity,’ by choosing to forgo insurance plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now through the purchase of insurance. [P]laintiffs in this case are participants in the health care services market, and they have made a choice regarding the method of payment for the services they expect to receive. How participants in the health care services market pay for such services has a documented impact on interstate commerce, and this market reality forms the rational basis for Congressional action designed to reduce the number of uninsureds.
This part is interesting. I haven’ t seen it before, anywhere:The uninsured, like plaintiffs, benefit from the ‘guaranteed issue’ provision in the Act, which enables them to become insured even when they are already sick. Without the minimum coverage provision, there would be an incentive for some individuals to wait to purchase health insurance until they needed care, knowing that insurance would be available at all times. As a result, the most costly individuals would be in the insurance system and the least costly would be outside it. In turn, this would aggravate current problems with cost-shifting and lead to even higher premiums.
But Vinson, most of our Tri corner hat wearing idiot friends, and the rest of the callously uncaring have no problems sleeping at night-while this happens:
For example, Hillary St. Pierre, a 28-year-old former registered nurse who has Hodgkin’s lymphoma, had expected to reach her insurance plan’s $2 million limit this year. Under the new law, the cap was eliminated when the policy she gets through her husband’s employer was renewed this year.
Ms. St. Pierre, who has already come close once before to losing her coverage because she had reached the plan’s maximum, says she does not know what she will do if the cap is reinstated. “I will be forced to stop treatment or to alter my treatment,” Ms. St. Pierre, who lives in Charlestown, N.H., with her husband and son, said in an e-mail. “I will find a way to continue and survive, but who is going to pay?”
Exactly what will happen to the law’s specific provisions that prevent insurers from imposing lifetime limits and require them to phase out the annual limits now in place is unclear.
Hell-even Ayn Rand-the deceased icon of the Tea Party movement- was able to get public assistance when she needed it.
But a certain segment of America does not really care about anything- but preserving wealth for people that will never share it with them-much less allow them to become like them. That’s the part of the American psyche that has always eluded me-that Americans want so badly to be rich that they will let the people who are rich literally get away with murder, only because they hope someday to be like them. Even though the people they are assisting, have stacked the deck against them, on purpose.
Well played morons.
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And so, when you realize that this is what we are dealing with, sometimes you want to lie back, rest, smile, and imagine what you wish you could say:
Cause without imagination and fantasy-you would be stuck in the real world and we all know where that leads.
Hey Skippy,
Welcome back. I see Congress is proposing that all divorced men in America must buy their x-wives a brand new house and a Chrysler because that is economic activity and they figure if they can compel you to buy insurance you don’t want they can compel you to buy things for your x too.
Thanks for once again illustrating the moral and intellectual bankruptcy of the tea baggers.
The good judge really had to reach and resort to convoluted “logic” regarding the healthcare reform that he regards as essential. Seems he may be fishing for a hook up with Sara and/or Rush.
Then you should have supported the public option-because that is what you are going to get if this legal line of thought succeeds:
This snappy apothegm is the logical equivalent of saying that the Defense Appropriations Act “requires that every United States citizen, other than those who leave the country, engage in accepting a minimum level of protection by the United States military.” The provisions of the Health Care Act provide a benefit. The majority of Americans, who already have health coverage (and seem, by and large, to regard this coverage as worth bargaining for) will simply see improvements in their existing health care benefits, such as an end to lifetime benefit limits and the right to include older adult children on their policies. A significant number of others who are currently uninsured will become eligible for government-funded health insurance.
There will remain a small but significant number of Americans who can afford health care insurance but choose not to buy it. But contrary to the sound bite above, even they are not required to “maintain a minimum level of health insurance.” If they wish to keep their uninsured status, they may do so by paying an addition to their income tax bills–ranging from as little as $695 for an individual taxpayer to $2085 for a family of six or more. The claim that the government is “forcing individuals to buy a commercial product” is worse than spin; it is simply false.
In fact, even the choice of procuring insurance or paying a tax is put not to “every United States citizen,” or even “every United States citizen not already covered by insurance,” but only to those who earn enough income to qualify as taxpayers. “A small fraction of fewer than half of United States citizens,” though accurate, is much less thrilling to say, even for a judge, than “every citizen.”
Foggy,
Please remind me. Which was the ‘good’ judge and which was the ‘bad’ judge? Which out convoluted the other?
I understand Congress is preparing to pass a law to seize all private pensions and 401k plans in order to maximize efficiencies in retirement savings plans. They will be administered by highly trained professional bureaucrats who gained experience in Fannie Mae, Freddie Mac and Lehman Brothers.
Skippy san…
A premise…lets suppose that you own a business, no, not the brothel on Soi Cowboy, but lets say, a bakery…YOU used your money and its your livelihood…do you think that you should have the right to decide the sort or person you would serve?
Should you be permitted to “discriminate”? (based on color of skin, height, weight, sexual preferences et al??)
No one is saying, well, almost no one, that the government has no place in our lives but rather the degree into which they have intruded is the issue.
Some folks believe the the government is the font of all wisdom and that the Feds have the right answer…
To wit::::
“The difference between a good administrator and a bad one is about five heartbeats. Good administrators make immediate choices … [that] usually can be made to work. A bad administrator, on the other hand, hesitates, diddles around, asks for committees, for research and reports. Eventually, he acts in ways which create serious problems … A bad administrator is more concerned with reports than with decisions. He wants the hard record which he can display as an excuse for his errors … [Good administrators] depend on verbal orders. They never lie about what they’ve done if their verbal orders cause problems, and they surround themselves with people able to act wisely on the basis of verbal orders. Often, the most important piece of information is that something has gone wrong. Bad administrators hide their mistakes until it’s too late to make corrections … One of the hardest things to find is people who actually make decisions.”
Ahh, the wisdom of Frank Herbert
Skippy,
You left out this part of the judge’s ruling:
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.
I guess he was just holding an elected offical to his word.
Richard,
A couple of things. There is a difference between providing an optional service (e.g. a bakery) and providing a service that is used by everyone. (Utilities). I see health care as a utility-every one needs at one time or another. Regulation of utilities is accepted and in fact encouraged for two reasons: 1) standardization of care and 2) to provide safety standards. Utilities are not entitled to discriminate-save for one reason, non payment for service. It should be the same for insurance companies, and by using and leveraging the power of the federal government to tax, can ensure that the utility is paid for and avaiable to all.
I also think there is a clear legal standard of “reasonableness” -even if I as a merchant can refuse to serve someone, it has to be for reasonable grounds, not because of age, or race, or gender. Civil Rights legislation is Constitutional and has long been proven so.
Maurice,
A judge is paid to only comment based on the law-not anything else. His decision to use that language in his opinion only proves his partisanship.
Remember how we got here. The village went nuts at mention of a public option which would have offered medicare like insurance coverage through the auspices of the HHS, ensuring that folks who could not get insurance elsewhere would have a place to go. The insurance companies went ballistic because they did not want the competition , since it would have forced them to keep premiums down to compete. Furthermore the insurance company CEO’s to a man said that without a mandate-they would not stop their most reprehensible practices of dropping people when they got sick or denying coverage to people who needed it. “They needed to increase the risk pool”. Fine this does it.
Fuck Judge Vinson.
Why “F” Judge Vinson, thats absurd..SCOTUS will make the final decision so why even bother to get upset.
Skippy san..
What, if in your bar, the majority of the folks that cause problems are Absynnian transgender little people…Can you pass the “reasonableness test” when there is CLEAR evidence that a certain “group” are troublemakers?
Of course for some, I would posit that a bar is a need not a want…
You fail to state whether the trangenders paid their bar tabs or not. And what was the size of my bouncer staff.
Can you predict the way the SCOTUS would go? Citizens United was a no-brainer and look how they ruled. I’d feel better if Justice Roberts were to take up sky diving, or some equally dangerous hobby.
I’m getting a kick out of watching all the huge unions submit waivers to Obamacare and get them approved and the others that are cutting out all children policies as simply unaffordable.
SCOTUS will rule in favor of the feds.
Richard,
I don’t think so. That first post of mine reflects a supraconstitutional power that Congress just does not possess. Only a court could force Skippy to buy a new house and Chrysler for his X because of the Commerce clause or the Necessary nonsense.
Not a Chrylser, it would have to a Honda or Toyota…
he’ll name it Sarah, or “she that must be obeyed”
No, he’d like to buy a honda or a toyota but he’ll only be allowed to buy Chrysler and while he’d prefer to buy her a $20.00 house in Detroit he’ll have to buy her one in Malibu or Santa Monica.
Well, if we are talking about my ex-then most definitely having to buy her a car and a house is a tax on “inactivity.” 🙂
If she had only learned to fuck regularly for those things, just think what she could have gotten done.
But as with health care-her “inactivity” became a threat to my health and well being. 🙁
Richard in going back over this post-it seems you were right.