It is kind of crazy that two separate courts made two opposite rulings on ObamaCare. Both courts were looking at the same thing – are subsidies for ObamaCare legal?
From Abbe Gluck -
As Marty notes, the opinion is out. Initial quick reaction, more to come: The opinion is terribly disappointing from a statutory interpretation perspective. It relies in part on irrelevant legislative history (from the HELP committee, whose bill wasn’t even the basis for these provisions–the Finance committee’s was) and gets it wrong anyway (as I argued here); it bends over backwards to come up with reasons why Congress might have intended this result (which we all know it certainly did not); and it attaches far too much significance to a line in the statute that expressly deems exchanges in the territories to be state exchanges and does not replicate the special deeming language for the federal exchanges. The territories language is boilerplate language used by Congress when talking about territories in statutes even beyond the ACA, and should have been attached no significance here. What’s more, applying the exclusio unius presumption (that when Congress specifies X we can assume that it meant not to specify X elsewhere) to a statute as long and complicated as the ACA — and one that did not go through the usual linguistic “clean up” process in Conference (as I wrote here) does a disservice to textualism and all those who have defended it over the years–turning it into a wooden unreasonable formalism rather than the sophisticated statutory analysis that textualists have been claiming they are all about.
Who is Abbe Gluck? Continue reading
Moral Fusion Movement
If you have not heard the Reverend William Barber speak, you’re missing an event. I had the privilege of sharing the stage with him a couple of years ago. Although my speech was awesome… his was far better. What I really admire about Reverend Barber is the fact that he truly wants to build a movement. He has been thinking about this and studying the problem for years.
“Woe unto them that decree unrighteous decrees, and that write grievousness which they have prescribed” (Isaiah 10:1).
This the Moral Fusion Agenda:
- Secure prolabor and anti-poverty policies that ensure economic sustainability
- Educational equality that ensures that every child gets a high quality public education (this includes access to colleges and junior colleges)
- Healthcare for all (this includes providing environmental protection for all communities)
- Fairness in the criminal justice system by addressing continued inequality in the system and providing equal protection for black, brown and poor white Americans
- Protecting and expanding voting rights, women’s rights, LGBT rights, immigrants rights and the fundamental principle of equal protection under the law
BTW, there is another recording of Reverend Barber’s speech to Netroots. This other recording was taken by someone in the audience. You can really hear the audience applause and reactions, which makes his speech much more enjoyable. IMHO.
I grew up in the late 1960s and 1970s. I watched James Garner on the small screen and the big-screen. In the late ’60s, all of these independent television stations were just popping up in Dallas. They had 24 hours of airtime to fill. They played reruns – I Love Lucy, Make Room for Daddy, Mister Ed and Maverick, to name a few. Maverick, set in the old wild West, was a new type of character. He wasn’t the John Wayne and Marlon Brando type. Instead, he was the type of hero who would rather play cards (always poker) and chase women than risk his life against some cattle-rustling bad guy. Although he knew how to use a gun and could use it well, Brett Maverick would rather outsmart his bad guys, leaving them holding a bag full of funny money while he got away with the girl and the real money.
A similar character found James Garner in the late 1970s. Here he played Jim Rockford in the Rockford Files. Again, we had those rough-and-tumble detectives in the mid-1970s. We had Kojak, Mannix, Starsky and Hutch (I’m sure there were a few others). During that time, all police officers and private eyes were “cool.” Jim Rockford was the anti-cool. He was living in a trailer. He borrowed money from his father constantly. But somehow, Jim Rockford was an incredibly enjoyable character.
James Garner’s always been one of my favorite actors. He made movies that, at least for me, were enjoyable. They weren’t terribly thought-provoking. They didn’t start a movement. When you left the movie, you probably had a smile on your face.
James Garner died yesterday at the age of 86. My prayers go out to his family.