A Three Piece Puzzle

4 03 2015

Washington, D.C.

Two pieces of the puzzle in King v Burwell, whose SCOTUS BJs have just started.

Louisiana Gov. Piyush Jindal, writing in NR:

And here’s where some on the right want to snatch defeat from the jaws of victory. Conventional wisdom in Washington has assumed that, should the Court strike down the subsidies in 37 states under King, states will immediately act to establish their own state-run exchanges — allowing the subsidies to flow once more. Alternatively, Congress might be tempted to pass language extending the subsidies to the federally-run exchange, allowing Obamacare to comply with the Court ruling. That’s a “solution” in search of a problem. If eliminating the subsidies represents a net tax cut, then restoring the subsidies — whether by states creating their own exchanges, Congress passing new legislation, or some combination of the two — would re-impose a sizable tax increase. Americans would pay billions more in higher taxes to fund the newly restored subsidies, making Obamacare that much more entrenched. What self-proclaimed conservative of sound mind would do such a thing? Alternatively, some have talked about enacting a “compromise” that would restore the Obamacare subsidies while reforming some of the law’s new insurance requirements and regulations. But restoring the flow of subsidies means restoring the employer mandate, thus raising taxes. And even if such a “compromise” weakens or eliminates the employer mandate, the Obama administration — to say nothing of the insurance companies themselves — will hardly countenance a repeal of the individual mandate, which restoring the subsidies will only strengthen. So those seeking to restore the flow of subsidies will likely end up having to raise taxes on millions of Americans, in some way, shape, or form.

The emphasis of one given word in this quote is my own addition.

Betsey McCaughey, in the NYP:

Insurance companies will be the biggest losers

Their stock prices have soared since the healthcare.gov rollout — Humana up 66 percent; Cigna, 53 percent; Aetna, 52 percent. No wonder: ObamaCare forces the public to buy their policies.

It’s like a law requiring all Americans to buy cars, subsidizing those who can’t pay. That would send automaker stocks skyrocketing, too.

Insurers are expected to haul in over a trillion dollars of taxpayer money over the next decade. No wonder they’re bombarding the Supremes with arguments defending their cozy deal.

The third piece of the puzzle?  Look at the campaign finance reports of a lot of Republicans, and you’re going to find a whole lot of insurance PACs, 527s, if not semi-directly, then funneled through one or two intermediaries.

It’s why the Republican Party in current form is never going to make a serious run at repeal.  At “best,” they’ll just nibble around some of the worst edges.


18 02 2015


Breitbart headline:

Jorge Ramos Warns ‘Latino Voters Will Remember’ Injunction in ’16

Sure, because I’m so scared that a bunch of people that have almost no Electoral College leverage are going to remember a Federal district court injunction in February 2015 when they go to vote in November 2016.

And even if they do care, they’ll probably have two open borders major party nominees to choose from. The classic “win win” situation.

Translated another way:

Jorge Ramos:  You all better think that Hispanics are that damned important, so that you think I’m that important.

Now, where did I put those Bhutanese-American Transgendered Vegetarians?


17 02 2015

Brownsville, Texas

Read his opinion, if you want.

I did, and it just boils down to this:  In this judge’s opinion, the opponents to Obama’s November executive order have a good chance to win their case when this case is heard anywhere in the Federal judiciary during the actual trial level and appellate level proceedings.  This is the standard that judges have to use to decide whether or not to grant injunctions.

Obama is already appealing this injunction to Appeals-5 in New Orleans, and their decision on whether to keep the injunction in place or reverse it could come as early as this afternoon.

News on the Transfer Issue

12 02 2015


State trial level judge finds that DESE has to classify the Normandy Cooperative as “unaccredited” so that transfers can continue.

This will probably go up the judicial ladder, and we better hope that the higher courts reverse this, because this is the only hope for sanity.

Because the bill the General Assembly is working on, in spite of appearances, will allow the transfers to continue.

Playing Hot Potato

28 01 2015



LOL at this part:

A spokesperson for the St. Louis Circuit Court said judges do not comment on specific cases and declined an interview for this story. However, judges are accountable to the public.

“They have to answer to the people. They have to answer to the voters in their judicial district,” said Reuben Shelton, 2014-15 president of the Missouri Bar Association

Voters can chose whether to retain judges during an election. Often, that part of the ballot is buried beneath partisan races which draw significantly more attention.

He is referring to the Missouri Plan Nine from Outer Space, which only applies to SCOMO, the Appellate judges and the trial level judges in St. Louis City, St. Louis County, Jackson County and Greene County.  All other trial level judges in all other Missouri counties are a result of straight partisan elections.

It is a very very very rare occasion that a judge has been thrown out on a straight up yes/no retention vote based on the Plan Nine.  I think the actual tally is only in the single digits.

Unfortunately, I don’t that’s relevant here, and in cases like this one.  Because even if St. Louis City did use partisan elections to pick its judges, the judges on the 22nd circuit would be just as bad when it comes to liberalism and negro-loving and slap on the hand punishments.  In fact, it would be worse, because the only reason the two best judges on the 22nd are even there, those being Dierker and Tim Wilson, is because Republican Governors put them there based on the Missouri plan.  They’d probably have no chance to win partisan elections in St. Louis City on their own.

No, all this is not a result of Plan Nine or Not Plan Nine, and it’s not a result of there not being an armed offender docket, aka gun court, which Judge Dierker opposes, BTW.  It’s purely a function of BRA.


20 01 2015

St. Louis City

Must be a slow news day around here, no riots, no unusually high body count, no news that another salami slice of the late great A-B is being moved out of town, no panic about an inch of snow in the forecast.

Therefore, with all that free time, someone at KMOX thought it would be a cracker jack idea to crack open a fresh new copy of the state blue book and plot the home residence addresses of the judges of the 22nd circuit on a city map showing the locations of 2014 city homicides.

You might be shocked to find out that judges don’t live where the homicides are.

And what’s supposed to be the significance of this?  Try this:

While judges can claim living apart is a legitimate matter of personal safety, their critics may argue judges in green zones can walk the dog without ever facing the felons they let go on probation.

I guess they want us to think that judges are somehow derelict in their jobs because they don’t live around the thugs who are criminal defendants in their courtrooms.  The judges claim that it’s a matter of their own safety, which is somewhat true.

But we all know the real reason.  Judges make good money, so obviously they’re going to buy or rent in the fucking ghetto!

A few more observations about this non-story:

*  First off, this is the 22nd circuit.  While it encompasses St. Louis City, it is the trial level for state court system, not the city/municipal court.  Therefore, the judges are state employees, which is why their home addresses are in the state blue book.  However, all of the judges of the 22nd live in the city, even though I am not aware of some state law requiring that the judges of a given circuit actually live in that circuit’s geography.  However, I do know that each circuit can set rules relating to the circuit’s business as long as there are no contradictory SCOMO rulings.  Therefore, I would not be surprised to find out that the 22nd makes all of its judges live in the city.

*  Judges have some leeway in determining sentencing for criminal defendants who are found guilty at trial in proceedings over which they preside.  But it’s not a whole lot.  To the extent that they use this power, the judges of the 22nd have a reputation of being lenient toward defendants.

*  Besides, most criminal cases in the city don’t even go to trial; they’re pled out before a trial can even begin.  At that point, the judge can ratify or reject the plea deal, but even the few good conservative white judges on the 22nd Circuit won’t reject what seem to be lenient plea deals, because they know that at that point, it’ll be in the hands of city juries, which means enough black women on the jury such that the risk of nullification is high.

*  Almost all cases in the 22nd that go to trial are civil cases, mainly a matter of plaintiffs venue shopping to the city for the “stick it to da man” reputation that city juries have.

*  I wonder where KMOX employees live.  I get the feeling that none of them live in high homicide city neighborhoods.  Quite a few years ago, someone reading these words studied where the members of the editorial board of the P-D lived, and of the few that actually lived in the city, none of them lived in high crime areas.

*  I have always been very hesitant to name sitting judges, save Supreme Court justices and other very prominent ones, so much so that I’m nervous about linking to stories that name judges.  I don’t think it’s a good idea to print the home addresses of judges in the state blue book.

No Help At All

18 09 2014

San Francisco


The Ninth Circus won’t be.

They’re wearing shirts of the flag that represents the system that won’t help them and in fact hates them.  To add another layer of sad irony to the cake, the Ninth Circus decided this yesterday, September 17, Constitution Day.  As in another useless piece of paper that was of no help to the Morgan Hill Five.


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