Ace of Spades HQ

January 15, 2014

Federal Court: No, Obamacare Doesn't Forbid Subsidies to Those Who Buy Insurance on the Federal Exchanges
— Ace

This is Gabe's favorite case, our best-and-last-hope legal challenge to Obamacare -- and a district court judge (of course) found against those seeking to derail Obamacare.

Allah's summary is very good. Here's the theory the lawsuit is predicated upon:

Section 1311 of the law authorizes the states to develop their own ObamaCare exchanges. Section 1321 says that, if a state declines, the feds can step in and develop their own exchange for consumers in that state instead. ThatÂ’s how we ended up with the technological marvel that is Healthcare.gov. The rub comes in Section 1401, which authorizes tax credits, i.e. premium subsidies, for anyone whoÂ’s in Â“an Exchange established by the State under 1311″. Wait a sec Â— does that mean that only people enrolled in state-run exchanges get subsidies? If people enrolled in the federal exchange get them too, why doesnÂ’t Section 1401 say Â“an Exchange established by the State under 1311 or the federal government under section 1321Â“?
ThereÂ’s a simple explanation, say critics like Jonathan Adler: Congress intentionally limited subsidies to state-run exchanges to give the states an incentive to set up their own exchange. The feds didnÂ’t want to build Healthcare.gov; theyÂ’d prefer that each state deal with this themselves. But since they canÂ’t force states to do the federal governmentÂ’s bidding, the best they can do is tack on monetary inducements to get them to play ball. ThatÂ’s where the subsidies come in..... Read AdlerÂ’s post about this from December 2012 citing a colloquy that Max Baucus, the so-called architect of ObamaCare, had on this subject with John Ensign while the law was still being drafted. ThatÂ’s the proof that Congress intended to distinguish between state-run exchanges and the federal exchange on subsidies. ItÂ’s not a drafting error or the result of Congress, to paraphrase Nancy Pelosi, passing the bill only to find out later whatÂ’s in it. The subsidies restriction for states was always supposed to be in there.

That's a pretty strong case. The language of the law itself limits the subsidies to state exchanges. If there is any doubt that this was intended, one can look to the legislative history: And on this point, the architect of Obamacare did indeed suggest his intent to so limit the subsidies to the state exchanges.

Jonathan Adler explains this-- and it's requires a bit of background to understand the exchange between Baucus and John Ensign. Ensign questions how the Senate Finance committee has the jurisdiction -- authority -- to demand that states change their insurance laws under Obamacare. Baucus replies the jurisdiction is afforded by the "tax credits" (subsidies) to be supplied to the states under Obamacare.

BaucusÂ’s response is hardly a model of clarity. But I can see no possible interpretation other than Baucus is admitting that (A) the statute makes tax credits conditional on states establishing an Exchange, and therefore does not authorize tax credits through federal Exchanges, and (B) that this feature was essential for the SenateÂ’s tax-writing committee to have jurisdiction to legislate in the area of health insurance.

Nevertheless, a district court decided that "duly-enacted law" is a pretty flexible thing and that it's all close enough for government work.

I hope this will be reviewed by the Supreme Court, eventually. It requires, IIRC, four votes for the court to grant certiorari (discretionary review, granted at the whim of the court). One might imagine we'll have four votes for that, as four men voted to strike down Obamacare.

However, we could lose some of those votes: Kennedy could, hypothetically, have felt that the first Obamacare challenge was strong enough to merit striking the law, but might feel this latest challenge is too weak for that, and pass on granting cert. And all it takes for this ruling to stand is the appeals court and then the Supreme Court to simply decline to review it.

Posted by: Ace at 01:39 PM | Comments (160)
Post contains 676 words, total size 5 kb.

1 can't even cross my fingers on this one

Posted by: artisanal 'ette at January 15, 2014 01:42 PM (IXrOn)

2 Depends on what your definition of "is" is ...

Posted by: Adriane... at January 15, 2014 01:42 PM (hrU8o)

Ace...you've been on fire lately. Hope you're feeling better.

Thanks. For all that you do.

Posted by: wheatie at January 15, 2014 01:42 PM (wUr+i)

4 We've gone from a nation of laws to a nation of taxes & fees.

Posted by: votermom at January 15, 2014 01:43 PM (GSIDW)

5 They will rule that the feds are setting up the exchanges FOR the states.. problem solved for Barky.

Posted by: Chi-Town Jerry at January 15, 2014 01:43 PM (f9c2L)

6 Law? We don't need no stinking laws! Thank you, The staked Liberal Federal Courts....

Posted by: hello, it's me also a creep-assed cracka.. at January 15, 2014 01:43 PM (9+ccr)

7 >>>Ace...you've been on fire lately. Hope you're feeling better. Thanks. For all that you do. really? Thank you. I thought I was doing workmanlike posts, nothing to be ashamed of, but neither anything particularly memorable. But thanks. I was feeling better yesterday when I was on a normal sleep schedule...

Posted by: ace at January 15, 2014 01:44 PM (/FnUH)

8 I think there should be a photo of a puppy to illustrate this post.

Posted by: Judge Pug at January 15, 2014 01:44 PM (Qev5V)

9 How in hell are the Obamanites gonna pay off the FSA if they can't pay them straight up for signing up? Answer me that?

Harrumph.

Posted by: tcn at January 15, 2014 01:44 PM (fwcEs)

10 when I was on a normal sleep schedule...

Posted by: ace at January 15, 2014 05:44 PM (/FnUH)

What is that, exactly?

Posted by: tcn at January 15, 2014 01:45 PM (fwcEs)

But the "language of the law" has been thwarted repeatedly...by King Barky.

Posted by: wheatie at January 15, 2014 01:45 PM (wUr+i)

12 You still smoking mister ?

Posted by: Bill D. Cat at January 15, 2014 01:45 PM (XWw96)

13 Where's SMOD when you need him?

Posted by: irright at January 15, 2014 01:45 PM (Ze8oh)

14 Now I'm beginning to really wonder about the fact that "ignorance of the law is no excuse." Is there anyone who ISN'T ignorant of this law?

Posted by: tcn at January 15, 2014 01:46 PM (fwcEs)

15 tcn, I should say "More normal." Like asleep by 1 or 1:30, up by 9 or 9:30. I realize that is not really the sleep schedule of your average working american. I at least would like to be on a normal WRITER'S sleeping schedule. I was tired and went to bed at 2am last night. And then remained awake for 5 hours.

Posted by: ace at January 15, 2014 01:46 PM (/FnUH)

16 Where's SMOD when you need him?

Posted by: irright at January 15, 2014 05:45 PM (Ze8oh)

----

Hang on, hang on.

Working out a side deal with Mr. Caldera.

Posted by: SMOD at January 15, 2014 01:47 PM (nELVU)

17 You are too late. The Nine have left Minas Morgul. They crossed the river Isen on Mid-Summer's Eve disguised as riders in black.

Posted by: Saruman at January 15, 2014 01:47 PM (g4Xri)

18 There is no "law." There is only what a given judge decides on a given day.

Posted by: Bob's House of Flannel Shirts and Wallet Chains at January 15, 2014 01:47 PM (vgIRn)

19 NavyÂ’s second-in-command investigated in corruption scandal forced to resignhttp://tinyurl.com/mapmmkj

This just came out.

Posted by: think at January 15, 2014 01:47 PM (OroYa)

20 Ace,
Keep doing what you're doing.

Well, except for maybe that thing with the toaster.
That was pretty far out there.

I'm cool with the pudding though.

Posted by: Village Idiot's Apprentice at January 15, 2014 01:48 PM (GcYmn)

21 We have to pass it and have judges reinterpret it before we know whats in it.

Posted by: Nancy Pelousy at January 15, 2014 01:48 PM (mSI+k)

22 If you are still up at 2AM, it means you didn't drink enough.

Posted by: Lloyd Loar at January 15, 2014 01:48 PM (9u2hL)

23 I was tired and went to bed at 2am last night. And then remained awake for 5 hours.

Posted by: ace at January 15, 2014 05:46 PM (/FnUH)

----

I fricken HATE insomnia.

Posted by: SMOD at January 15, 2014 01:48 PM (nELVU)

24 This has been the bill/law that wouldn't die since inception. It will never go away.

Posted by: The Mega Independent at January 15, 2014 01:48 PM (4/o9U)

25 Ace, this is some of your best work.

Posted by: Dr Spank at January 15, 2014 01:48 PM (DpEwG)

Eh, this one was always going to have to go all the way to the Supremes.

Posted by: Jollyroger at January 15, 2014 01:49 PM (t06LC)

27 Here's the theory the lawsuit is predicated upon:

hahahahaha, that's a good one.

Obama will tell us what the law says, means, intended, should a said, woulda said, couldah said.

Posted by: Joyous Summer at January 15, 2014 01:49 PM (x3cjY)

28 really? Thank you. I thought I was doing workmanlike posts, nothing to be ashamed of, but neither anything particularly memorable. Not to be a suck up boss, but you were crushing it last week. You had broughten it multiple times. We really do appreciate the cool tree house you let us hang out in.

Posted by: rickb223 at January 15, 2014 01:49 PM (b1/nQ)

29 get some melatonin

Posted by: thunderb at January 15, 2014 01:49 PM (zOTsN)

30 It's the full moon.

Posted by: garrett at January 15, 2014 01:49 PM (g4Xri)

Ace...I know what you mean about sleep.

Sleep is sooo important to our health.

For some reason, if I'm not sound asleep during the hours from midnight to 3am...I feel like shit no matter how much other sleep I get.

It's weird.

Posted by: wheatie at January 15, 2014 01:50 PM (wUr+i)

32 23 I was tired and went to bed at 2am last night. And then remained awake for 5 hours. ---------------
How's your fake daylight machine now?

Posted by: Edward G. Robinson at January 15, 2014 01:50 PM (4/o9U)

33 An appeals court can't decline to review it.

Posted by: Knemon at January 15, 2014 01:51 PM (nbH4M)

34 The law says in the Interest of safety all houses must be Pink. See the law says right there some houses may be SILVER wingnutz... //Judges Local 957

Posted by: sven10077 at January 15, 2014 01:51 PM (TE35l)

35 My sleeping patterns are terrible lately, I've been going to bed around 5am and getting up around 11am, every damn day.

Posted by: Dr Spank at January 15, 2014 01:51 PM (DpEwG)

36 BTW NJ has sicced the Blago prosecutor on Christy

Posted by: thunderb at January 15, 2014 01:51 PM (zOTsN)

37 Normal sleep schedules are for pussies.

Posted by: Cicero (@cicero) at January 15, 2014 01:51 PM (8ZskC)

38 I just think some people haven't fully thought through the implications of the formulation "The Law = whatever shit we make up whenever we feel like it."

Posted by: Merovign, Dark Lord of the Sith[/i] [/b] [/s] [/u] at January 15, 2014 01:52 PM (qyfb5)

39 You know who had weird sleep patterns? Hitler, that's who.

Make of it what you will.

Posted by: Cicero (@cicero) at January 15, 2014 01:52 PM (8ZskC)

40 The Obamacare law is a living document that means whatever you want it to mean at any given time or nothing at all. You know, like the constitution.

Posted by: WalrusRex at January 15, 2014 01:52 PM (XUKZU)

41 I should say "More normal." Like asleep by 1 or 1:30, up by 9 or 9:30. I realize that is not really the sleep schedule of your average working american. I at least would like to be on a normal WRITER'S sleeping schedule. I was tired and went to bed at 2am last night. And then remained awake for 5 hours. Posted by: ace at January 15, 2014 05:46 PM (/FnUH) Pro Tip from someone who has trouble falling asleep: If you rub one out while laying there, it hits your body's "sleep button" and puts you out like a light. I could get technical and stuff, but its science, I think.

Posted by: Ashley Judd's Puffy Scamper, aka MrCaniac lover of KaBoom Cereal at January 15, 2014 01:52 PM (BXLPR)

42 Fine. I'll get some sleep. But first...

Posted by: Mel Gibson at January 15, 2014 01:53 PM (g4Xri)

30 It's the full moon.

And this is a tiny full moon, too...the tiniest full moon of the year.

Smaller, and less bright.

SpaceWeather.com calls it an "apogee moon".

Posted by: wheatie at January 15, 2014 01:53 PM (wUr+i)

44 The messiah and the rest of the DC cult are allowed to tax us, run our health care, and just about anything they want because its a flexible constitution and the rule of law is just some rightwing, already debunked, theory. Ask John Stewart, he knows everything.

Posted by: Angel with a sword at January 15, 2014 01:53 PM (hpgw1)

45 This is going nowhere. I got 'em all in my back pocket. It's the Chicago Way, ya know.

Posted by: Prez'nit 404 at January 15, 2014 01:53 PM (Dwehj)

46 The courts are not going to get rid of this POS law. They may nibble around the edges but they will not kill it. The only way we will kill this law is the get most of the Democrats out of congress and all the RINOs

Posted by: Vic[/i] at January 15, 2014 01:54 PM (T2V/1)

47 I fucking hate this time of year sunlight-wise . Going to work in the dark and getting home in the dark bleeds you .

Posted by: Bill D. Cat at January 15, 2014 01:54 PM (XWw96)

48 38 Mero, Go over to Tepid and watch me try to explain to the potheads that they are blowing up the Constitution...

Posted by: sven10077 at January 15, 2014 01:54 PM (TE35l)

49 However, we could lose some of those votes: Kennedy could, hypothetically, have felt that the first Obamacare challenge was strong enough to merit striking the law, but might feel this latest challenge is too weak for that, and pass on granting cert. And all it takes for this ruling to stand is the appeals court and then the Supreme Court to simply decline to review it. Posted by: Ace at 05:39 PM Wasn't Kennedy pretty pissed in the dissenting opinion that Roberts wrote? He just may be itching to take the thing down.

Posted by: Ashley Judd's Puffy Scamper, aka MrCaniac lover of KaBoom Cereal at January 15, 2014 01:54 PM (BXLPR)

50 When do the Olympics begin? Explosions and gay riots -- can't wait.

Posted by: Judge Pug at January 15, 2014 01:54 PM (Qev5V)

51 Repeal. It's the only way. If not that, then state nullification. This law is going to kill a lot of people.

Posted by: Soona at January 15, 2014 01:55 PM (MB7Pi)

52 And this is a tiny full moon, too...the tiniest full moon of the year.
Smaller, and less bright.

Will the moon have to be the size of a raisin before you people wake up the the looming catastrophe of Anthropogenic Lunar Shrinkening?

Posted by: Algore at January 15, 2014 01:55 PM (8ZskC)

53 there is a full or fullish moon isn't there?

Posted by: ace at January 15, 2014 01:55 PM (/FnUH)

54 "Pro Tip from someone who has trouble falling asleep: If you rub one out while laying there, it hits your body's "sleep button" and puts you out like a light."

Another Pro Tip.
Ten minutes after that, you need to take a leak.

Or so I have been told.

Posted by: Village Idiot's Apprentice at January 15, 2014 01:55 PM (GcYmn)

55 37 Cicero, Preach it BABY! Death before a good beta sleep!

Posted by: sven10077 at January 15, 2014 01:55 PM (TE35l)

56 This law is going to kill a lot of people.

Feature, not a bug.

Posted by: Prez'nit 404 at January 15, 2014 01:55 PM (Dwehj)

57 Listen to Mel, Ace. Take two blow jobs and it will knock you right out.

Posted by: Dr. Pug at January 15, 2014 01:56 PM (Qev5V)

58 I fucking hate this time of year sunlight-wise . Going to work in the dark and getting home in the dark bleeds you .
-
The POTUS lying to the American people during the SOTU address.

Posted by: WalrusRex at January 15, 2014 01:56 PM (XUKZU)

59 The only way the States will kill this POS is an Art V action.

Posted by: Vic[/i] at January 15, 2014 01:56 PM (T2V/1)

60 I fucking hate this time of year sunlight-wise . Going to work in the dark and getting home in the dark bleeds you .

Posted by: Bill D. Cat at January 15, 2014 05:54 PM (XWw96)

---------------------------------------------

Yes. Yes it does.

Posted by: Soona at January 15, 2014 01:56 PM (MB7Pi)

61 56 This law is going to kill a lot of people. Feature, not a bug. Yes! And decrease the surplus population Obama Ebenezer Scrooge...

Posted by: hello, it's me also a creep-assed cracka.. at January 15, 2014 01:57 PM (9+ccr)

62 Posted by: ace at January 15, 2014 05:55 PM (/FnUH) Yep. Clouds or no, fucks up my sleep schedule every month.

Posted by: garrett at January 15, 2014 01:57 PM (g4Xri)

63 I fucking hate this time of year sunlight-wise . Going to work in the dark and getting home in the dark bleeds you .

Hmm. You should try my work schedule.

Posted by: Barky O'Genius at January 15, 2014 01:58 PM (8ZskC)

64 There will be no more full moons under my 404Care.

Posted by: Prez'nit 404 at January 15, 2014 01:59 PM (Dwehj)

65 This business will get out of control. It will get out of control and we'll be lucky to live through it.

Posted by: Adm. Josh Painter at January 15, 2014 02:00 PM (mSI+k)

66 The only way the States will kill this POS is an Art V action. Cloward Piven & $$$.

Posted by: rickb223 at January 15, 2014 02:00 PM (b1/nQ)

67 Another Pro Tip. Ten minutes after that, you need to take a leak. Or so I have been told. Posted by: Village Idiot's Apprentice at January 15, 2014 05:55 PM (GcYmn) But after a certain age, that is pretty normal.

Posted by: Ashley Judd's Puffy Scamper, aka MrCaniac lover of KaBoom Cereal at January 15, 2014 02:00 PM (BXLPR)

68 Actually, by the time I'm done there won't be much of anything left at all. Cheers!

Posted by: Prez'nit 404 at January 15, 2014 02:01 PM (Dwehj)

69 BJ'er Subsidies for the Sleep Deprived. Just because it's not written in the law???

Posted by: garrett at January 15, 2014 02:01 PM (g4Xri)

70 I hope the legal beagles filed this case in two districts, so they could get opposing reading and fast ride to big leagues.

Posted by: Jean at January 15, 2014 02:02 PM (4JkHl)

71 Hey, guess who just got dropped today?
Me.
Fuckers didn't even tell me.
I just called in a prescription refill and bang, no, we can't refill because your coverage is dropped.

Posted by: navybrat at January 15, 2014 02:03 PM (AW7Gr)

72 Words have no meaning. If you want to repeal Obamacare you will need something other than words.

Posted by: Justice Roberts at January 15, 2014 02:04 PM (qYvEa)

73 Posted by: navybrat at January 15, 2014 06:03 PM (AW7Gr) You are welcome.

Posted by: Barack Hussein Obama at January 15, 2014 02:04 PM (g4Xri)

74 If the feds can spend $170 mil on penis pumps they can spring for Ace's theraputic blowjobs.

Posted by: Dr. Pug at January 15, 2014 02:06 PM (Qev5V)

75 Posted by: navybrat at January 15, 2014 06:03 PM (AW7Gr)

You didn't need that substandard coverage anyway.

Posted by: Cicero (@cicero) at January 15, 2014 02:06 PM (8ZskC)

76 "Hey, guess who just got dropped today?
Me.
Fuckers didn't even tell me.
I just called in a prescription refill and bang, no, we can't refill because your coverage is dropped."

Well, clearly what you had before was a sub-par policy.
Don't thank me, it's the least I can do to my country

Posted by: Barky, the Magnificant. Ruler of all at January 15, 2014 02:06 PM (GcYmn)

77 Look proles, you're all going to end up in front of the Death Panels when you get a cold, so just embrace the fact that you'll live on when your heart/kidney/ other vital organs are removed and transplanted into a Party Member who needs them.

Who knows, maybe your kidney will go to a Kennedy. Or one of the Obama kids...

Posted by: The Obamacare Program at January 15, 2014 02:06 PM (25HWz)

78 Hey, guess who just got dropped today?
Me.
Fuckers didn't even tell me.
I just called in a prescription refill and bang, no, we can't refill because your coverage is dropped.

Posted by: navybrat at January 15, 2014 06:03 PM (AW7Gr)

---------------------------------------------

That sucks. I expect shit like this happening throughout the year, until the big crescendo (employer mandates) this next fall.

Posted by: Soona at January 15, 2014 02:07 PM (MB7Pi)

79 Posted by: Dr. Pug at January 15, 2014 06:06 PM (Qev5V) Well since the WHO defines health as pretty much "being happy" it makes total sense. Ace has a right to BJ's!

Posted by: tsrblke, PhD(c) No Really! at January 15, 2014 02:07 PM (GaqMa)

80 This law is like the blob, where is Steve McQueen when we need him?

Posted by: Killerdog at January 15, 2014 02:07 PM (Oi60j)

81 Damn, if that isn't an example of Great Minds, I don't know what is.

Posted by: Village Idiot's Apprentice at January 15, 2014 02:08 PM (GcYmn)

82 10th Amendment pffft what's that? You know, there's a sad lack of awesomely epauletted military outfits for this banana republic in which we now reside.

Posted by: alexthechick - Come to us, oh mighty SMOD at January 15, 2014 02:08 PM (VtjlW)

83 Ace - Are you leaning heavy on the Nic Gum or Patches? When I used the patches to quit, I had wicked Insomnia.

Posted by: garrett at January 15, 2014 02:08 PM (g4Xri)

84 My dark is always up...

Posted by: President Choad-Load at January 15, 2014 02:08 PM (vHRtU)

85 If the feds can spend $170 mil on penis pumps they can spring for Ace's theraputic blowjobs.

Buy a man a hooker and he's got a blowjob for a day. Buy a man a penis pump and he has blowjobs for the rest of his life.

Posted by: The AoSHQ Big Book of Government Axioms at January 15, 2014 02:09 PM (8ZskC)

86 59 The only way the States will kill this POS is an Art V action. Posted by: Vic at January 15, 2014 05:56 PM (T2V/1) Can you imagine what the tradeoffs will be to get rid of this POS in an Art V action? It will only entail more Federal power, not less.

Posted by: Ashley Judd's Puffy Scamper, aka MrCaniac lover of KaBoom Cereal at January 15, 2014 02:10 PM (BXLPR)

87 OT but holy crap! Ann Coulter ‏@AnnCoulter 14m Invite me on your show, you lying pussy. RT @Matthops82 "Republicans are afraid of me. They don't want to talk to me." - @edshow

Posted by: Niedermeyer's Dead Horse at January 15, 2014 02:10 PM (DmNpO)

88 Posted by: navybrat

Sure you coverage got dropped but your new policy will cover vajazzling and anal bleaching, and cost a lot more.

Posted by: Dr Spank at January 15, 2014 02:11 PM (DpEwG)

89 >>>You know, there's a sad lack of awesomely epauletted military outfits for this banana republic in which we now reside.
Posted by: alexthechick - Come to us, oh mighty SMOD at January 15, 2014 06:08 PM<<<

And parrots on shoulders.

Posted by: Zombie Hugo Chavez at January 15, 2014 02:11 PM (mSI+k)

90 Ace: " The language of the law itself limits..."

Heh. Good one.

If there's one thing we know about American jurisprudence now and most specifically jurisprudence under SCoaMT, it's that the language of the law is pretty much a dead letter. The law is whatever government needs it to be at any given moment.

Ruled by Men, not Law. That is America's new motto. Or DOOMed.

Posted by: AnonymousDrivel at January 15, 2014 02:11 PM (eHIJJ)

91
The courts, the congress, the WH are all evil sisters. They are going to gouge your eyes and rip your heart out. And then keep you as a slave forever.

But that may just be my optimistic side talking.

Posted by: Guy Mohawk at January 15, 2014 02:12 PM (n0DEs)

92 10th Amendment pffft what's that? You know, there's a sad lack of awesomely epauletted military outfits for this banana republic in which we now reside. Posted by: alexthechick - Come to us, oh mighty SMOD at January 15, 2014 06:08 PM (VtjlW) You know my queen, there's probably also a delegation doctrine argument to be made about this law too. Oh things forgotten.

Posted by: tsrblke, PhD(c) No Really! at January 15, 2014 02:12 PM (GaqMa)

93 navybrat,

I think you have an argument for jury nullification if you take a 5lb sledge to the next Obama sticker you see in the parking lot.

Posted by: Jean at January 15, 2014 02:12 PM (4JkHl)

94 follow up to that Coulter tweet Roseanne Barr ‏@TheRealRoseanne 14m @AnnCoulter @Matthops82 @edshow ur afraid to debate me too, Ann.

Posted by: Niedermeyer's Dead Horse at January 15, 2014 02:12 PM (DmNpO)

95 Ace- I sometimes have terrible insomnia, but it helps if you take melatonin before you go to bed (you can't stay on it for a long time because it messes up your sleep cycle) and as stupid as it sounds, use one of those eye masks that block out light.

Posted by: FenelonSpoke at January 15, 2014 02:12 PM (7kkQJ)

96 I guess ace pick the wrong week to give up Heroin.

Posted by: Dr Spank at January 15, 2014 02:14 PM (DpEwG)

97 Call me a cynic but I don't think we can count on the judicial branch of government jumping in at any point to save our freedoms or our country. It's been noted before but worth mentioning again: liberal justices never move, can never be swayed from the liberal position. Supposedly conservative justices, on the other hand, are usually very much like many of their Republican counterparts in the legislative branch: go-along-and-get-along, without conviction, ultimately utterly worthless.

Posted by: troyriser at January 15, 2014 02:14 PM (gNlvW)

98 "Contribution Rules I am a United States citizen or a permanent resident alien" wtf? So, amnesty has mebe not so much to do with the vote, but mebe campaign contributions?

Posted by: cicero kido embraces the piglatino slango at January 15, 2014 02:14 PM (tcK++)

99 I don't think we can count on the judicial branch of government jumping in at any point to save our freedoms You are right. It has been put on the tee for them any number of times and they refuse to champion Liberty.

Posted by: garrett at January 15, 2014 02:15 PM (g4Xri)

100 82 AlexTheChick, There's a Xth when they want a matter kicked down to get litigated and that's about it...

Posted by: sven10077 at January 15, 2014 02:15 PM (TE35l)

101 Posted by: FenelonSpoke at January 15, 2014 06:12 PM (7kkQJ) I tried the melanin, but I woke up with headaches, so I stopped taking it.

Posted by: tsrblke, PhD(c) No Really! at January 15, 2014 02:15 PM (GaqMa)

102
....use one of those eye masks that block out light.

Posted by: FenelonSpoke at January 15, 2014 06:12 PM (7kkQJ)

My friends tell me wearing the mask is a little ghey, but I have no problem with that falsehood.

Posted by: Pajama Boy at January 15, 2014 02:15 PM (pJF+c)

103 When I used the patches to quit, I had wicked Insomnia. Pro tip: Don't wear the patches to bed. You don't smoke when you sleep, don't ingest via the patch when you sleep. BTDT. Had the insomnia from it also.

Posted by: rickb223 at January 15, 2014 02:16 PM (b1/nQ)

104 You forgot the super huge sunglasses AtC .

Posted by: Bill D. Cat at January 15, 2014 02:16 PM (XWw96)

105 I don't think we can count on the judicial branch of government jumping in at any point to save our freedoms or our country.
-
The original idea was that the courts were suppose to protect us from the government. Lately the court views its role as protecting the government from us.

Posted by: WalrusRex at January 15, 2014 02:17 PM (XUKZU)

106 Also make sure you are not putting the nicotine patches on your cock.

Posted by: Dack Thrombosis at January 15, 2014 02:17 PM (oFCZn)

107

Re...Insomnia.

I remember reading an article, sometime back, that said Insomnia was on the rise because of HD tv technology.

So I did a search, to see if there was anything else about it.

Found lots of firsthand accounts...people saying, "Yeah, come to think of it, since I got an HD tv, I am having trouble with sleeping".

I am not really smart when it comes to technology.

But is it possible that there is something to this?

I mean...what is it about HD technology that could possibly affect people's ability to sleep well?

Anything?

Posted by: wheatie at January 15, 2014 02:17 PM (wUr+i)

108 I'm still planning my options. This country is falling apart.

Posted by: Soona at January 15, 2014 02:17 PM (MB7Pi)

109 The fix is in. All those who might be able to stop this avalanche of shit have either been coopted or coerced.

I firmly believe we are reaping karma for the error of our ways. (take your pick as to what that is).

The fool in office is hardly ever challenged.

When he is, he is either protected by his minions (mfm, valjar, etc.) OR he manages to turn it into a plus for him.

He does not waver and will not compromise. (and why should he? No ones really confronted him.)

I'm beginning to believe he is one of those people who are pushed to the fore of history and who usually leave a trail of tears and death behind them.

The GOP has seen fit to aid and abet the slaughter.

Posted by: Bitter Clinger and All That (Unexpurgated Edition) at January 15, 2014 02:18 PM (LSDdO)

110 How about this dictator uniform for Obama, AtC? http://tinyurl.com/qzztebo

Posted by: FenelonSpoke at January 15, 2014 02:18 PM (7kkQJ)

111 Also make sure you are not putting the nicotine patches on your cock. Back of the balls is fine, though. Right?

Posted by: garrett at January 15, 2014 02:19 PM (g4Xri)

112 Also make sure you are not putting the nicotine patches on your cock.

Posted by: Dack Thrombosis at January 15, 2014 06:17 PM (oFCZn)

---------------------------------------------

Yup. It's the cause of restless cock syndrome.

Posted by: Soona at January 15, 2014 02:19 PM (MB7Pi)

113 Vic: "The only way the States will kill this POS is an Art V action."

Yup. The Federal apparatus is way too corrupted. It will not fix any massive legislation (or even moderate legislation for that matter) because it simply doesn't want to. Clawing back even bad law is work. Then consider it's a can of worms they'll be reopening. It simply will. not. happen.

A restructuring/castrating of the Federal government is the only answer.

So fckuing DOOMed I think SMOD is even afraid.

Posted by: AnonymousDrivel at January 15, 2014 02:20 PM (eHIJJ)

114
The proper position for the nicotine patch is centered on the taint. I know this from years of experience.

Posted by: Barney Frank at January 15, 2014 02:20 PM (pJF+c)

115 Yup. It's the cause of restless cock syndrome. Posted by: Soona at January 15, 2014 06:19 PM (MB7Pi) Take two Kate Uptons and call me in the morning.

Posted by: Dr. Dack Thrombosis at January 15, 2014 02:20 PM (oFCZn)

116 I think getting the patch off and showering 2-3 hours before I planned on trying to get some sleep was how I fixed the problem.

Posted by: garrett at January 15, 2014 02:20 PM (g4Xri)

117 Well, as long as your friends aren't sleeping in the room with you, pajama boy, who cares.? When there's double whammy of bright moonlight and the fool across the street who has a light that shines directly in my window-and I don't have lined curtains-I don't care what I look like. It keeps the light out and helps me sleep.

Posted by: FenelonSpoke at January 15, 2014 02:21 PM (7kkQJ)

118 Take two Kate Uptons and call me in the morning. Posted by: Dr. ~~Dack~~ Dick Thrombosis at January 15, 2014 06:20 PM (oFCZn) Fixed for nic for you.

Posted by: tsrblke, PhD(c) No Really! at January 15, 2014 02:21 PM (GaqMa)

119

@107 I mean...what is it about HD technology that could possibly affect people's ability to sleep well?
Anything?

-----------------

Instapundit likes to point the finger at tablets. Supposedly something about the screen (that some of the new screens are supposed to fix) makes your body think that it's the middle of the day. It's possible that watching HDTV right before going to bed does something similar.

Posted by: junior at January 15, 2014 02:22 PM (UWFpX)

120 I think the courts may be telling us, "Hey, your reps voted for this--now you can have it Good and Hard."

Posted by: Hurricane LaFawnduh at January 15, 2014 02:22 PM (pginn)

121 OK, OK, OK, I know I'm king of the nerd-geeks but this is the way I sleep. I can have a hard time sleeping because of all of the intrusive thought that bedevil me regarding my employment. Therefore I use this

http://tinyurl.com/ky2hfru

And play audio books so I have something else to think about.

Posted by: WalrusRex at January 15, 2014 02:23 PM (XUKZU)

122
The best nicotine withdrawal routine is drink a few shots of tequila, put the nicotine patch on your dog's ass, call your neighbor for a bed time blowjob, and read the Best Military Blog till early AM, and then collapse from exhaustion.

Posted by: Senator Lindsey Grahamnesty at January 15, 2014 02:23 PM (pJF+c)

123 I mean...what is it about HD technology that could possibly affect people's ability to sleep well?
Anything?

Posted by: wheatie at January 15, 2014 06:17 PM (wUr+i)

-----------------------------------------

I have no problems with it. I'm asleep within three minutes of hitting the pillow. And it doesn't matter if I've drank a gallon of coffee, or have watched five hours of HD tv.

Posted by: Soona at January 15, 2014 02:23 PM (MB7Pi)

124 You have to pass the law before you know what's in it. And have the president do what he wants with it. And get it before a federal judge.

Posted by: Nancy Pelosi at January 15, 2014 02:24 PM (+7Usq)

125 Â and as stupid as it sounds, use one of those eye masks that block out light _______( Then his little daylight lamp will be useless when we gets up at 1 o'clock.

Posted by: shredded chi - If the river was whiskey, I'd be a diving duck at January 15, 2014 02:24 PM (4KA1Z)

126 How about this dictator uniform for Obama, AtC?

http://tinyurl.com/qzztebo
-
I think the hat needs to be bigger like those huge hats the Russian military officers wear.

Posted by: WalrusRex at January 15, 2014 02:25 PM (XUKZU)

127 I think the courts may be telling us, "Hey, your reps voted for this--now you can have it Good and Hard."

Posted by: Hurricane LaFawnduh at January 15, 2014 06:22 PM (pginn)

---------------------------------------------

That's possible, and a good political meme. If you want to be rid of this pile of shit, vote conservative.

Posted by: Soona at January 15, 2014 02:26 PM (MB7Pi)

128 I like how a law thread rapidly devolves into nicotine patches on dicks and uniforms for the new banana republic

Posted by: thunderb at January 15, 2014 02:26 PM (zOTsN)

129 I think people who deal with sleep disorders say that you should not use an TV or computer for an hour before you sleep. Good luck with that. ;^)

Posted by: FenelonSpoke at January 15, 2014 02:26 PM (7kkQJ)

130 Hurricane LaFawnduh: "I think the courts may be telling us, 'Hey, your reps voted for this--now you can have it Good and Hard.'"

That might be the slimmest silver lining in all of this, but it grants the Judicial too much deference, I think. The Court seemingly routinely rewrites law to make it whole. I mean look what CJ Roberts did for ObamaCare.

The Court does more than just give it to us. It provides the lube for Congress.

Posted by: AnonymousDrivel at January 15, 2014 02:27 PM (eHIJJ)

131 Take two Kate Uptons and call me in the morning. Simultaneously??? Well....OK....if I must. Can I get a Moron on the belay line please?!?

Posted by: Sean Bannion at January 15, 2014 02:27 PM (yz6yg)

132 I think the hat needs to be bigger like those huge hats the Russian military officers wear.

Just don't go full Nork.

http://tinyurl.com/crxy9hl

Posted by: Cicero (@cicero) at January 15, 2014 02:28 PM (8ZskC)

133 http://tinyurl.com/ky2hfru What IS a sleep phone?

Posted by: FenelonSpoke at January 15, 2014 02:28 PM (7kkQJ)

134 I don't think we will ever be able to get rid of TFGcare.

Posted by: Carol at January 15, 2014 02:28 PM (z4WKX)

135 I think the hat needs to be bigger like those huge hats the Russian military officers wear.
This is what I'm talking about here.

http://tinyurl.com/lmcf2gk

Posted by: WalrusRex at January 15, 2014 02:29 PM (XUKZU)

136 If we were to judge law by statutory language first and foremost and only then by the standard of what we wish Congress had written, legal and social progress in this country would be retarded. So it's for your own good if we, the beneficent and white ruling class, grant you what should have been instead of the really mediocre what is. You may thank me now, prole.

Posted by: Paul Friedman at January 15, 2014 02:29 PM (F58x4)

137 Haven't touched a cigarette in nine years come April 1 . Hardest habit I've ever had to quit . Tried at least seven or eight times , patch , gum , zyban ( stay the fuck away from that shit ) , you quit when you need to .

Posted by: Bill D. Cat at January 15, 2014 02:29 PM (XWw96)

138 128 I like how a law thread rapidly devolves into nicotine patches on dicks and uniforms for the new banana republic Posted by: thunderb at January 15, 2014 06:26 PM (zOTsN) It's disappointing it took as long as it did to get there.

Posted by: Dack "Dr. Dick" Thrombosis at January 15, 2014 02:29 PM (oFCZn)

139 I mean...what is it about HD technology that could possibly affect people's ability to sleep well? Anything? Buy a new Panasonic 50" HD Plasma and get a FREE penis pump!

Posted by: Cicero kid sees government subsidized pecker pumps at January 15, 2014 02:30 PM (tcK++)

140 nood smoke em if you got em

Posted by: thunderb at January 15, 2014 02:31 PM (zOTsN)

141 Posted by: Cicero kid sees government subsidized pecker pumps at January 15, 2014 06:30 PM (tcK++) And an Obamaphone and EBT card (accepted everywhere!)

Posted by: Hurricane LaFawnduh at January 15, 2014 02:32 PM (pginn)

142 Posted by: Sean Bannion at January 15, 2014 06:27 PM (yz6yg) That depends, does the belay line come with a view?

Posted by: tsrblke, PhD(c) No Really! at January 15, 2014 02:32 PM (GaqMa)

143
The language of the law itself limits the subsidies to state exchanges. If there is any doubt that this was intended, one can look to the legislative history: And on this point, the architect of Obamacare did indeed suggest his intent to so limit the subsidies to the state exchanges.

Actually, I'm not particularly interested in trying to divine the intent of any law if that intent isn't already written in the law. Hell, the only defense then is "Congress is too incompetent to write in plain English".

I get a kick out of making that argument with lefties in regards to CA assault weapons law. If the CA legislature had intended for the assault weapons ban to outlaw AR15s, they would have written it to ban AR15s. Instead, they put in a bunch of stuff that clearly allowed for those damned bullet buttons that lefties hate with the heat of a thousand suns. The intent of the legislature is clear, legal but degraded AR15s.

Posted by: IllTemperedCur at January 15, 2014 02:32 PM (TIIx5)

144 That might be the slimmest silver lining in all of this, but it grants the Judicial too much deference, I think. The Court seemingly routinely rewrites law to make it whole. I mean look what CJ Roberts did for ObamaCare.

The Court does more than just give it to us. It provides the lube for Congress.

Posted by: AnonymousDrivel at January 15, 2014 06:27 PM (eHIJJ)

---------------------------------------------

For more than a decade people have awaited breathlessly for SCOTUS decisions. I find it disconcerting, because this is not how a republic is supposed to work. The main problem? We no longer have representation in congress. No one in DC is listening to us anymore.

Posted by: Soona at January 15, 2014 02:33 PM (MB7Pi)

145 That depends, does the belay line come with a view? Indeed. One that blots out the sun.

Posted by: Sean Bannion at January 15, 2014 02:33 PM (yz6yg)

146 >>>>>>You know, there's a sad lack of awesomely epauletted military outfits for this banana republic in which we now reside.<<<

Let us not neglect the skintight leather-clad 20-something female bodyguards in pumps. A dozen or so would be a good measure to start.

Posted by: Fritz at January 15, 2014 02:33 PM (UzPAd)

147 http://tinyurl.com/ky2hfru

What IS a sleep phone?
-
I have something similar. They cover the eyes like a sleep mask and you have earphones by your ears. I listen to audio books. I've got 70+ hours of Sherlock Holmes stories, for example.

http://tinyurl.com/ko5uoen

Posted by: WalrusRex at January 15, 2014 02:34 PM (XUKZU)

148 Soooo.... don't see any amendments to the spending bill... So it looks like the House Repubs voted in a bill where the ONLY savings, is on the backs of Retired Veterans... Rage....meter.... pegged...

Posted by: Romeo13 at January 15, 2014 02:35 PM (lZBBB)

149 You can fall asleep while listening to audio books? That's cool.

Posted by: FenelonSpoke at January 15, 2014 02:36 PM (7kkQJ)

150 Posted by: Sean Bannion at January 15, 2014 06:33 PM (yz6yg) Trickery is afoot!

Posted by: tsrblke, PhD(c) No Really! at January 15, 2014 02:37 PM (GaqMa)

151 I mean...what is it about HD technology that could possibly affect people's ability to sleep well? Anything? 60" HDTV running pr0n 24/7.

Posted by: rickb223 at January 15, 2014 02:46 PM (b1/nQ)

152 Soona: "...We no longer have representation in congress. No one in DC is listening to us anymore."

They haven't been listening to us for a long time I guess mainly because we refuse to hold them accountable and because the system is so corrupted that we cannot force them to listen to us for anything substantial or make them accountable. The Federal apparatus is designed for Parties, not for constituents.

I guess it's only because of alternate media we realize just how long and tirelessly "they" haven't been listening to us. Ignorance was bliss. And now "we" are realizing how devastatingly foolish such ignorance has been.

Posted by: AnonymousDrivel at January 15, 2014 02:46 PM (eHIJJ)

153 Trickery is afoot! Nicklefuckery can't be far behind!

Posted by: rickb223 at January 15, 2014 02:47 PM (b1/nQ)

154 What IS a sleep phone? - I have something similar. They cover the eyes like a sleep mask and you have earphones by your ears. I listen to audio books. I've got 70+ hours of Sherlock Holmes stories, for example. "Dear Penthouse Forum"....

Posted by: rickb223 at January 15, 2014 02:48 PM (b1/nQ)

155 It's not a subsidy; it's a tax refund!

Posted by: Chief Justice John Roberts at January 15, 2014 02:50 PM (OPzNA)

156 And you don't have standing to challenge somebody else's tax refund.

Posted by: Chief Justice John Roberts at January 15, 2014 02:58 PM (OPzNA)

157 It's a sad state we are in where we have to hope, simply hope, that people of integrity might be found among our ruling class. I feel so European now. Obeying laws are now simply something you do if the risk is too great to attempt to evade, rather than the acts of an honorable man. Indeed, we've reached the point where evading and not cooperating with the law may well be the mark of personal integrity.

Posted by: toby928© at January 15, 2014 03:25 PM (QupBk)

158 Why didn't the judge just say: "Congress must have been drunk when they wrote that. Case dismissed!"

Posted by: Socratease at January 15, 2014 04:01 PM (SZUi2)

159 So, now that laws no longer restrict the federal government, and that same government has become an arm of the Democrat party, what does that mean for us normal schmoes?

Posted by: cormac_mcroadie at January 16, 2014 02:20 AM (NE5F0)

160 Meh, the Supremes did this 8-1 with a bankruptcy case about 2 years ago. Since the INTENT is to give everybody a fresh start, you can't literally interpret "average income of the past six months" to mean "average income of the past six months" where that would disqualify the debtor. Scalia was the lone holdout.

Posted by: Chris Balsz at January 16, 2014 09:16 AM (5xmd7)

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