Tag Archives: Obamacare

The 11/18/13 Joy Jar

19 Nov

The Obamacare web debacle has got different government officials apologizing all most daily. A true heartfelt apology goes a long way. Trying to con someone into not kicking your lame a$$ets by weasel words does not thing make the wrong better. Today’s deposit in the ‘Joy Jar’ are heartfelt apologies and a REAL attempt to change bad behavior.

Maturity is the ability to reap without apology and not complain when things don’t go well.
Jim Rohn

A stiff apology is a second insult… The injured party does not want to be compensated because he has been wronged; he wants to be healed because he has been hurt.
Gilbert K. Chesterton

An apology for the devil: it must be remembered that we have heard one side of the case. God has written all the books.
Samuel Butler

Apology is only egotism wrong side out.
Oliver Wendell Holmes

The only correct actions are those that demand no explanation and no apology.
Red Auerbach

“Never ruin an apology with an excuse.”
Benjamin Franklin

“I am the wisest man alive, for I know one thing, and that is that I know nothing.”
Plato, The Republic

“I’m sorry you’re angry” is NOT an apology.”
Lisa Lutz, Revenge of the Spellmans

Right actions in the future are the best apologies for bad actions in the past.
Tryon Edwards

The 11/17/13 Joy Jar

17 Nov

Here are two quotes about honesty:

1. “Do not believe in anything simply because you have heard it. Do not believe in anything simply because it is spoken and rumored by many. Do not believe in anything simply because it is found written in your religious books. Do not believe in anything merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the good and benefit of one and all, then accept it and live up to it.” Buddha

2. The LYING of the PERMANENT POLITICAL CAMPAIGN: Sen. Kirsten Gillibrand: ‘We All Knew’ Obama’s Health Care Pledge Wasn’t Accurate
nation.foxnews.com
Sen. Kirsten E. Gillibrand wasn’t surprised when Americans began to get letters saying their health insurance policies had been canceled. http://nation.foxnews.com/2013/11/17/sen-kirsten-gillibrand-we-all-knew-obamas-health-care-pledge-wasnt-accurate

Today’s deposit into the ‘Joy Jar’ is honesty.

“A lie can travel half way around the world while the truth is putting on its shoes.”
Mark Twain

“The truth is rarely pure and never simple.”
Oscar Wilde, The Importance of Being Earnest

“The truth will set you free, but first it will piss you off.”
Gloria Steinem

“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it–always.”
Mahatma Gandhi

“Facts do not cease to exist because they are ignored.”
Aldous Huxley, Complete Essays 2, 1926-29

“Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing ever happened.”
Winston Churchill

“Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn’t.”
Mark Twain

“Tell the truth, or someone will tell it for you.”
Stephanie Klein, Straight Up and Dirty: A Memoir

“The truth does not change according to our ability to stomach it.”
Flannery O’Connor

“In a time of deceit telling the truth is a revolutionary act.”
George Orwell

“There are three types of lies — lies, damn lies, and statistics.”
Benjamin Disraeli

“Rather than love, than money, than fame, give me truth.”
Henry David Thoreau, Walden

“There are no facts, only interpretations.”
Friedrich Nietzsche

Possible unintended consequences of the U.S. Supreme Court’s ‘Obamacare’ ruling

12 Jul

Mark Walsh has an intriguing Education Week about the aftermath of the U.S. Supreme Court’s “Obamacare” decision and its possible impact on education. In Ed. Law Challenges Loom After Health-Care Ruling, Walsh writes:

Legal analysts say that part of the U.S. Supreme Court decision on the federal health-care law will encourage states to challenge education laws and other federal aid programs and legislation passed under Congress’ spending power, a pivotal aspect of the historic ruling.

The justices ruled 5-4 to uphold a key provision of the Affordable Care Act—the requirement that individuals purchase a health-insurance policy with at least a minimum level of coverage—as a valid exercise under Congress’ taxing power. But the court effectively ruled 7-2 that the states could not be threatened with the loss of their existing Medicaid funding if they refused to participate in the law’s expansion of the federal health-care program for the poor.

That portion of the June 28 decision in National Federation of Independent Business v. SebeliusRequires Adobe Acrobat Reader (Case No. 11-393) could open the door to lawsuits over the spending strings attached to federal programs—or even the conditions for securing federal waivers under the No Child Left Behind Act, some commentators say….

Mr. Bagenstos of the University of Michigan noted that some federal education laws, such as the ESEA, have relatively frequent reauthorizations and revisions, leading to uncertainty about when conditions are first imposed. And other federal laws that come with conditions on the states, such as Title IX, are not grant programs per se but anti-discrimination statutes.

The rules aren’t tied to any particular funds” under such statutes, he said.

Mr. Bagenstos does not believe that the state challenges he predicts ultimately will be successful. But the Medicaid ruling could alter the dynamics of state-federal relations over such things as federal waivers for the No Child Left Behind Act, he said.

A state could say, ‘Look, if our waiver gets denied, we’re going to court,’ ” Mr. Bagenstos said.

Do I think these arguments are going to be successful in the courts? Ultimately, no,” he added. “But these are arguments that are going to take a while to work their way through the courts.”http://www.edweek.org/ew/articles/2012/07/12/36scotus.h31.html?tkn=PPTFLaYDB9dQxlfFlrIbQ3taERAkJIQPVmNa&intc=es

The possible reason for concern about education law suits is the portion of the Supreme Court’s majority opinion which deals with the possible coercive aspects of Medicaid expansion.

Health Reform GPS has an excellent summary of the case in Summary of the U.S. Supreme Court decision in the case of National Federation of Independent Businesses et al. v. Sebelius, Secretary of Health and Human Services, et al.. Here is the portion of the case Walsh writes about:

The Constitution simply does not give Congress the authority to require the States to regulate. That is true whether Congress directly commands a State to regulate or indirectly coerces a State to adopt a federal regulatory system as its own.” Majority, p. 47-48. “When, for example, such conditions take the form of threats to terminate other significant independent grants, the conditions are properly viewed as a means of pressuring the States to accept policy changes.” Majority, p. 50. Furthermore, the Medicaid expansion “accomplishes a shift in kind, not merely degree. The original program was designed to cover medical services for four particular categories of the needy: the disabled, the blind, the elderly, and needy families with dependent children. Under the Affordable Care Act, Medicaid is transformed into a program to meet the health care needs of the entire nonelderly population with income below 133 percent of the poverty level. It is no longer a program to care for the neediest among us, but rather an element of a comprehensive national plan to provide universal health insurance coverage.” Majority, p. 53-54. However, “nothing in our opinion precludes Congress from offering funds under the Affordable Care Act to expand the availability of health care, and requiring that States accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.” Majority, p. 55. http://healthreformgps.org/resources/summary-of-the-u-s-supreme-court-decision-in-the-case-of-national-federation-of-independent-businesses-et-al-v-sebelius-secretary-of-health-and-human-services-et-al/

It is important to understand the U.S. Legal system in order to understand why there might be unintended consequences from the court’s decision.

Mark F. Radcliffe and Diane Brinson of DLA Piper LLP (US) have written an excellent Findlaw article, The U.S. Legal System. The portion about the U.S. Supreme Court explains the role of precedent.

Supreme Court Review

There are two ways to get a case reviewed by the U.S. Supreme Court: by appeal and by certiorari . The losers in certain types of cases – for example, cases involving claims that state statutes are unconstitutional – have a right to appeal to the Supreme Court.

For most cases, though, there is no right of appeal to the Supreme Court. However, a party who has lost a case at the federal Court of Appeals level can file a petition for certiorari with the Supreme Court. A petition for certiorari is a document explaining why the Supreme Court should review a case. If the Supreme Court grants certiorari , the appeal proceeds. If the Court denies it, the Court of Appeals’ decision stands.

Thousands of petitions for certiorari are filed each year and most are denied. The Supreme Court is likely to grant certiorari on a case only if the case involves a matter of national interest or the Court believes that it must decide the case to resolve conflicts among the Circuit Courts and create uniformity in federal law.

Precedent

An appellate court’s decision on an issue is binding on lower courts in the appellate court’s jurisdiction. Thus, an appellate court’s decisions are “precedent” that the lower courts in the appellate court’s jurisdiction must follow (apply).

Example: In Effects Associates, Inc. v. Cohen , the United States Court of Appeals for the Ninth Circuit held that the grant of a nonexclusive copyright license can be implied from the copyright owner’s conduct. This decision is binding on the federal district courts located in the Ninth Circuit. Those courts are not free to decide that a nonexclusive copyright license cannot be implied from conduct.

A lower court’s decision is not binding on a higher court. In fact, appellate courts frequently reverse decisions made by trial courts to correct the trial courts’ “mistakes of law.”

Because the United States Supreme Court is the “highest court in the land,” the Supreme Court’s decisions are binding on all courts in the United States. http://library.findlaw.com/1999/Jan/1/241487.html

The litigation may just be beginning.

Related:

Online symposium: The Bar Review version of NFIB v. Sebelius http://www.scotusblog.com/2012/07/online-symposium-the-bar-review-version-of-nfib-v-sebelius/

The Roberts Court and the Role of Precedent                               http://www.npr.org/templates/story/story.php?storyId=11688820

The Nature and Timing of the U.S. Supreme Court’s Interpretation of Precedent                                                                            http://www.bsos.umd.edu/gvpt/CITE-IT/Documents/Hansford%20etal%202002%20Nature%20and%20Timing%20of%20t%20US%20Supreme%20Court.pdf

Dr. Wilda says this about that ©