Author Topic: Four words in the ACA could spell its doom By George F. Will  (Read 448 times)

0 Members and 1 Guest are viewing this topic.

Online mystery-ak

  • Owner
  • Administrator
  • Hero Member
  • ******
  • Posts: 257,245
Four words in the ACA could spell its doom By George F. Will
« on: January 30, 2014, 09:33:28 AM »

Support the USO

Offline Lipstick on a Hillary

  • Hero Member
  • ****
  • Posts: 6,027
Re: Four words in the ACA could spell its doom By George F. Will
« Reply #1 on: January 30, 2014, 09:55:25 AM »
Okay, I have an Obamacare story.  Went to dinner last evening with friends.  One of them an avowed liberal (well, several there voted for Obama) who was LIVID now that she's been forced onto Obamacare (once she saw the price tag, that is).  Said " I didn't think *I* would be paying for all these other people!"   Said she now realizes this is an income distribution scheme.  Geezz... this wasn't some dopey unicorn worshipper.  She's a 61 year old semi-retired attorney who worked as a lobbyist back in the 80's, met and liked Ronald Reagan (she was amazed by his charisma in person).  BUT, she's always worked in some sort of environmental law since that time.

I reminded her that I had dinner with her on election night 2012, and lamented at the time that she didn't vote for Romney, for exactly THIS reason.  Amazing what people will buy into, until it's THIER personal ox being gored.   Gave me hope that as more and more Americans experience this same awakening in 2014, the tide on liberalism might turn.  One can hope, right?  :shrug:






Online Bigun

  • Hero Member
  • ****
  • Posts: 25,010
  • The income tax: Root of all evil!
    • The FairTax Plan
Re: Four words in the ACA could spell its doom By George F. Will
« Reply #2 on: January 30, 2014, 10:01:16 AM »
Okay, I have an Obamacare story.  Went to dinner last evening with friends.  One of them an avowed liberal (well, several there voted for Obama) who was LIVID now that she's been forced onto Obamacare (once she saw the price tag, that is).  Said " I didn't think *I* would be paying for all these other people!"   Said she now realizes this is an income distribution scheme.  Geezz... this wasn't some dopey unicorn worshipper.  She's a 61 year old semi-retired attorney who worked as a lobbyist back in the 80's, met and liked Ronald Reagan (she was amazed by his charisma in person).  BUT, she's always worked in some sort of environmental law since that time.

I reminded her that I had dinner with her on election night 2012, and lamented at the time that she didn't vote for Romney, for exactly THIS reason.  Amazing what people will buy into, until it's THIER personal ox being gored.   Gave me hope that as more and more Americans experience this same awakening in 2014, the tide on liberalism might turn.  One can hope, right?  :shrug:

I have no proof what-so-ever of it but I strongly suspect that there are millions of stories very similar to that out there!

Offline sinkspur

  • Hero Member
  • ****
  • Posts: 28,691
Re: Four words in the ACA could spell its doom By George F. Will
« Reply #3 on: January 30, 2014, 10:47:03 AM »
A federal judge in Washington just two weeks ago ruled in favor of the Obama administration on the lawsuit filed there:

http://www.nytimes.com/2014/01/16/us/judge-upholds-rights-to-subsidies-in-health-care-law.html?_r=0
Roy Moore's "spiritual warfare" is driving past a junior high without stopping.

Offline Relic

  • Hero Member
  • ****
  • Posts: 4,967
Re: Four words in the ACA could spell its doom By George F. Will
« Reply #4 on: January 30, 2014, 11:07:17 AM »
A federal judge in Washington just two weeks ago ruled in favor of the Obama administration on the lawsuit filed there:

http://www.nytimes.com/2014/01/16/us/judge-upholds-rights-to-subsidies-in-health-care-law.html?_r=0

If Roberts can decide what Congress meant when they wrote the bill, why can't other jurists?
It seems the legal challenge route is a dead end.

Offline Oceander

  • Technical
  • Hero Member
  • ****
  • Posts: 47,370
  • Chief Dork
Re: Four words in the ACA could spell its doom By George F. Will
« Reply #5 on: January 30, 2014, 02:52:02 PM »
A federal judge in Washington just two weeks ago ruled in favor of the Obama administration on the lawsuit filed there:

http://www.nytimes.com/2014/01/16/us/judge-upholds-rights-to-subsidies-in-health-care-law.html?_r=0

And that judge is simply wrong.  There really aren't any two ways about that.  Judges are at the most precarious when they hit a situation where a particular law, as written, simply cannot be implemented as written without frustrating the clearly expressed intent of Congress.  That rule really only applies in the context where a judge has decided that one part of a law is unconstitutional or otherwise invalid, and must then decide whether the rest of the law, without the invalid piece, should stand or should also come down along with the invalid piece.  This doctrine, however, is not routinely applied.

In terms of how to construe a law, the rule is that judges should look to the intent of the legislature - but only where the import of the words of the statute themselves are ambiguous.  In other words, if the statute is crystal clear, then a judge may not rewrite the law, even if that leaves it with an irrational application - a good judge will say that it's a matter for the legislature to remedy.  It's only when the words of the statute, as written, can be given at least two different interpretations; if one of those interpretations would frustrate the intent of Congress as expressed, then that interpretation will be avoided so long as there is at least one other interpretation that will better satisfy Congress' expressed intent.  And even in that situation, if the better interpretation still results in an irrational application, a good judge will say that it's up to Congress to go the rest of the way and remedy the situation.

I really can't see that decision standing at the Second Circuit.


Share me

Digg  Facebook  SlashDot  Delicious  Technorati  Twitter  Google  Yahoo
Smf