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#1
posted to rec.boats
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Good court decision...
Judge rules Little Rock bus line wrong to deny atheist ads
Thu, Aug 11 2011 By Suzi Parker LITTLE ROCK, Ark (Reuters) - A federal judge ruled on Thursday that the free speech of a coalition of atheists had been violated when Little Rock's public bus line denied them the right to place $5,000 worth of ads on city buses. Judge Susan Webber Wright ruled that the Central Arkansas Transit Authority and its advertising agency should not have denied the group the right to place the ads on 18 publicly-funded city buses during Memorial Day weekend. Washington-based United Coalition of Reason filed a lawsuit on behalf of the Arkansas group in June after the transit authority and its advertising agency rejected an ad that would have read, "Are you good without God? Millions are." "This was a victory for all of us whether you believe in God or not, because it's a victory of free speech," United Coalition of Reason's attorney J.G. Schultz told Reuters. The transit authority and its advertising agency, On The Move Advertising, had required payment of a $36,000 deposit to run the ad. The group then changed that to a $3 million insurance policy in case of bus vandalism by angry Christians. **...bus vandalism by angry Christians..." (Gotta love *that*. Webber Wright ruled that the United Coalition of Reason would need to place a $15,000 bond to be filed with the court in case of any damage that may occur to a bus. Schultz said the group had initially offered a $10,000 deposit before any lawyers got involved. "It wasn't because we thought it was okay but rather because we wanted to get these ads on during Riverfest so we were willing to do a little more," Schultz said, referring to a Little Rock music and art festival. Attorneys for the Central Arkansas Transit Authority or On The Move could not be immediately reached for comment. Out of 36 markets where ad campaigns have run, only four have seen vandalism, according to UnitedCoR's website. Last year, UnitedCoR placed ads on outdoor billboards and buses in Fayetteville, Arkansas, without incident. In 2009, the Arkansas Society of Freethinkers, a group of atheists who are also involved in the bus ad campaign, successfully sued the state of Arkansas to erect a Winter Solstice display on the grounds of the State Capitol near a nativity scene. "The freethinkers have been out in the open here in Arkansas without any incident," said LeeWood Thomas, a spokesman for the Arkansas Society of Freethinkers. Thomas said the group would now refocus the bus campaigns on bus routes near the city's colleges. -- Don't forget to leave a bit of beef for rec.boat's right-wing conservatrashers and ID spoofers to feed upon. The more they feed, the quicker rec.boats will fall into the black hole of cyberspace and disappear. |
#2
posted to rec.boats
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Good court decision...
Speaking of good court decisions, Herr Krause. It is comforting to
know that there are a few jurists that follow your Constitutional guidelines. And one cut and paste deserves another, eh? http://www.latimes.com/news/nationwo...,5180930.story By David G. Savage and Noam N. Levey, Washington Bureau August 13, 2011 Reporting from Washington— A federal appeals court struck down a pillar of President Obama's national healthcare law, ruling Congress does not have the power to require all Americans to buy insurance and setting the stage for a Supreme Court decision ahead of the 2012 election. The 2-1 decision is a victory for Republican leaders in 26 states who challenged the law last year, testing whether the signature accomplishment of Obama's presidency would stand. The Atlanta-based judges echoed the complaint that the mandate represents an "unprecedented" expansion of federal power. "The individual mandate is breathtaking in its expansive scope," two judges of the 11th Circuit Court of Appeals wrote in their 207-page majority opinion. Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed. Though Congress may regulate those who buy insurance, it may not regulate those who "have not entered the insurance market and have no intention of doing so," they said. Conversely, other judges have upheld the law. In June, the Obama administration prevailed before the federal appellate court in Cincinnati, which in a split opinion ruled that the mandate represented a constitutional exercise of Congress' authority to regulate commerce. About 50 million Americans lack basic health insurance. As a result, hospitals and taxpayers are forced to pay about $43 billion a year to cover the costs of those who are treated but cannot pay. Many healthcare experts believe an insurance mandate is crucial not only to controlling this cost shift but also to guaranteeing that all Americans can get insurance, a right provided by the law. Without such a requirement, they argue, consumers would be able to wait until they were sick to buy insurance. That in turn would push up premiums. However, the mandate galvanized GOP opposition to the law and helped fuel the "tea party" movement. Senate Minority Leader Mitch McConnell (R-Ky.) said the ruling "only strengthens and adds more momentum to the efforts of those of us who are working to repeal." The White House, meanwhile, minimized the opinion, citing the divided rulings by multiple federal courts around the country. "Today's ruling is one of many decisions on the Affordable Care Act that we will see in the weeks and months ahead," Obama aide Stephanie Cutter wrote in a blog posting. The ruling was not a total victory for the challengers. The appeals court rejected the states' claim that Congress went too far by expanding the Medicaid program for low-income Americans. The judges also agreed the rest of the healthcare law could stand, even if the insurance mandate is struck down. The Atlanta-based court has a conservative reputation and had been seen as the best forum for those challenging the law. The majority was made up of Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Judge Frank Hull, a female appointee of President Clinton. The dissenter, Judge Stanley Marcus, was also a Clinton appointee. In dissent, Marcus said judges have a duty to act with "caution, restraint and great humility" and uphold the laws enacted by the elected representatives. "At bottom, Congress rationally concluded that the uninsured's consumption of healthcare services shifts enormous costs unto others … and the individual mandate directly addresses this cost-shifting problem," said Marcus in dissent. The administration can appeal Friday's decision directly to the Supreme Court. If an appeal petition is filed in the fall, the justices are likely to hear the case early next year and rule by late June. Striking down the mandate could have dramatic consequences if insurance premiums surge, as many experts fear. That could put more pressure on the federal treasury because millions of Americans are expected to qualify for federal subsidies starting in 2014 to help them buy insurance. Ballooning subsidy costs could increase pressure to cut back other healthcare initiatives in the law, including the expansion of state Medicaid programs for low-income Americans. Eliminating the mandate would probably have less impact on other parts of the healthcare overhaul, including portions of the law designed to make Medicare more efficient and to improve the quality of care that hospitals and doctors provide. In another ruling Friday, three judges of the U.S. 9th Circuit Court of Appeals rejected a challenge to the insurance mandate brought by former state legislator Steven Baldwin and the Pacific Justice Institute, ruling they had no standing to sue. Times staff writer Carol J. Williams in Los Angeles contributed to this report. |
#3
posted to rec.boats
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Good court decision...
On 12/08/2011 8:15 PM, TopBassDog wrote:
Speaking of good court decisions, Herr Krause. It is comforting to know that there are a few jurists that follow your Constitutional guidelines. And one cut and paste deserves another, eh? http://www.latimes.com/news/nationwo...,5180930.story By David G. Savage and Noam N. Levey, Washington Bureau August 13, 2011 Reporting from Washington— A federal appeals court struck down a pillar of President Obama's national healthcare law, ruling Congress does not have the power to require all Americans to buy insurance and setting the stage for a Supreme Court decision ahead of the 2012 election. The 2-1 decision is a victory for Republican leaders in 26 states who challenged the law last year, testing whether the signature accomplishment of Obama's presidency would stand. The Atlanta-based judges echoed the complaint that the mandate represents an "unprecedented" expansion of federal power. "The individual mandate is breathtaking in its expansive scope," two judges of the 11th Circuit Court of Appeals wrote in their 207-page majority opinion. Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed. Though Congress may regulate those who buy insurance, it may not regulate those who "have not entered the insurance market and have no intention of doing so," they said. Conversely, other judges have upheld the law. In June, the Obama administration prevailed before the federal appellate court in Cincinnati, which in a split opinion ruled that the mandate represented a constitutional exercise of Congress' authority to regulate commerce. About 50 million Americans lack basic health insurance. As a result, hospitals and taxpayers are forced to pay about $43 billion a year to cover the costs of those who are treated but cannot pay. Many healthcare experts believe an insurance mandate is crucial not only to controlling this cost shift but also to guaranteeing that all Americans can get insurance, a right provided by the law. Without such a requirement, they argue, consumers would be able to wait until they were sick to buy insurance. That in turn would push up premiums. However, the mandate galvanized GOP opposition to the law and helped fuel the "tea party" movement. Senate Minority Leader Mitch McConnell (R-Ky.) said the ruling "only strengthens and adds more momentum to the efforts of those of us who are working to repeal." The White House, meanwhile, minimized the opinion, citing the divided rulings by multiple federal courts around the country. "Today's ruling is one of many decisions on the Affordable Care Act that we will see in the weeks and months ahead," Obama aide Stephanie Cutter wrote in a blog posting. The ruling was not a total victory for the challengers. The appeals court rejected the states' claim that Congress went too far by expanding the Medicaid program for low-income Americans. The judges also agreed the rest of the healthcare law could stand, even if the insurance mandate is struck down. The Atlanta-based court has a conservative reputation and had been seen as the best forum for those challenging the law. The majority was made up of Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Judge Frank Hull, a female appointee of President Clinton. The dissenter, Judge Stanley Marcus, was also a Clinton appointee. In dissent, Marcus said judges have a duty to act with "caution, restraint and great humility" and uphold the laws enacted by the elected representatives. "At bottom, Congress rationally concluded that the uninsured's consumption of healthcare services shifts enormous costs unto others … and the individual mandate directly addresses this cost-shifting problem," said Marcus in dissent. The administration can appeal Friday's decision directly to the Supreme Court. If an appeal petition is filed in the fall, the justices are likely to hear the case early next year and rule by late June. Striking down the mandate could have dramatic consequences if insurance premiums surge, as many experts fear. That could put more pressure on the federal treasury because millions of Americans are expected to qualify for federal subsidies starting in 2014 to help them buy insurance. Ballooning subsidy costs could increase pressure to cut back other healthcare initiatives in the law, including the expansion of state Medicaid programs for low-income Americans. Eliminating the mandate would probably have less impact on other parts of the healthcare overhaul, including portions of the law designed to make Medicare more efficient and to improve the quality of care that hospitals and doctors provide. In another ruling Friday, three judges of the U.S. 9th Circuit Court of Appeals rejected a challenge to the insurance mandate brought by former state legislator Steven Baldwin and the Pacific Justice Institute, ruling they had no standing to sue. Times staff writer Carol J. Williams in Los Angeles contributed to this report. Obomber is probably furious. Wonder if his lawyer buddy on the supreme court will circumvent the constitution? -- Seems like paying your bills with real money is no longer the accepted behavior in USA. Perhaps that is the problem and not the the solution. |
#4
posted to rec.boats
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Good court decision...
On Sat, 13 Aug 2011 09:18:04 -0600, Canuck57
wrote: On 12/08/2011 8:15 PM, TopBassDog wrote: Speaking of good court decisions, Herr Krause. It is comforting to know that there are a few jurists that follow your Constitutional guidelines. And one cut and paste deserves another, eh? http://www.latimes.com/news/nationwo...,5180930.story By David G. Savage and Noam N. Levey, Washington Bureau August 13, 2011 Reporting from Washington— A federal appeals court struck down a pillar of President Obama's national healthcare law, ruling Congress does not have the power to require all Americans to buy insurance and setting the stage for a Supreme Court decision ahead of the 2012 election. The 2-1 decision is a victory for Republican leaders in 26 states who challenged the law last year, testing whether the signature accomplishment of Obama's presidency would stand. The Atlanta-based judges echoed the complaint that the mandate represents an "unprecedented" expansion of federal power. "The individual mandate is breathtaking in its expansive scope," two judges of the 11th Circuit Court of Appeals wrote in their 207-page majority opinion. Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed. Though Congress may regulate those who buy insurance, it may not regulate those who "have not entered the insurance market and have no intention of doing so," they said. Conversely, other judges have upheld the law. In June, the Obama administration prevailed before the federal appellate court in Cincinnati, which in a split opinion ruled that the mandate represented a constitutional exercise of Congress' authority to regulate commerce. About 50 million Americans lack basic health insurance. As a result, hospitals and taxpayers are forced to pay about $43 billion a year to cover the costs of those who are treated but cannot pay. Many healthcare experts believe an insurance mandate is crucial not only to controlling this cost shift but also to guaranteeing that all Americans can get insurance, a right provided by the law. Without such a requirement, they argue, consumers would be able to wait until they were sick to buy insurance. That in turn would push up premiums. However, the mandate galvanized GOP opposition to the law and helped fuel the "tea party" movement. Senate Minority Leader Mitch McConnell (R-Ky.) said the ruling "only strengthens and adds more momentum to the efforts of those of us who are working to repeal." The White House, meanwhile, minimized the opinion, citing the divided rulings by multiple federal courts around the country. "Today's ruling is one of many decisions on the Affordable Care Act that we will see in the weeks and months ahead," Obama aide Stephanie Cutter wrote in a blog posting. The ruling was not a total victory for the challengers. The appeals court rejected the states' claim that Congress went too far by expanding the Medicaid program for low-income Americans. The judges also agreed the rest of the healthcare law could stand, even if the insurance mandate is struck down. The Atlanta-based court has a conservative reputation and had been seen as the best forum for those challenging the law. The majority was made up of Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Judge Frank Hull, a female appointee of President Clinton. The dissenter, Judge Stanley Marcus, was also a Clinton appointee. In dissent, Marcus said judges have a duty to act with "caution, restraint and great humility" and uphold the laws enacted by the elected representatives. "At bottom, Congress rationally concluded that the uninsured's consumption of healthcare services shifts enormous costs unto others … and the individual mandate directly addresses this cost-shifting problem," said Marcus in dissent. The administration can appeal Friday's decision directly to the Supreme Court. If an appeal petition is filed in the fall, the justices are likely to hear the case early next year and rule by late June. Striking down the mandate could have dramatic consequences if insurance premiums surge, as many experts fear. That could put more pressure on the federal treasury because millions of Americans are expected to qualify for federal subsidies starting in 2014 to help them buy insurance. Ballooning subsidy costs could increase pressure to cut back other healthcare initiatives in the law, including the expansion of state Medicaid programs for low-income Americans. Eliminating the mandate would probably have less impact on other parts of the healthcare overhaul, including portions of the law designed to make Medicare more efficient and to improve the quality of care that hospitals and doctors provide. In another ruling Friday, three judges of the U.S. 9th Circuit Court of Appeals rejected a challenge to the insurance mandate brought by former state legislator Steven Baldwin and the Pacific Justice Institute, ruling they had no standing to sue. Times staff writer Carol J. Williams in Los Angeles contributed to this report. Obomber is probably furious. Wonder if his lawyer buddy on the supreme court will circumvent the constitution? You're a racist little moron and a dim wit. |
#6
posted to rec.boats
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Good court decision...
In article ,
says... On Sat, 13 Aug 2011 09:18:04 -0600, Canuck57 wrote: On 12/08/2011 8:15 PM, TopBassDog wrote: Speaking of good court decisions, Herr Krause. It is comforting to know that there are a few jurists that follow your Constitutional guidelines. And one cut and paste deserves another, eh? http://www.latimes.com/news/nationwo...,5180930.story By David G. Savage and Noam N. Levey, Washington Bureau August 13, 2011 Reporting from Washington? A federal appeals court struck down a pillar of President Obama's national healthcare law, ruling Congress does not have the power to require all Americans to buy insurance and setting the stage for a Supreme Court decision ahead of the 2012 election. The 2-1 decision is a victory for Republican leaders in 26 states who challenged the law last year, testing whether the signature accomplishment of Obama's presidency would stand. The Atlanta-based judges echoed the complaint that the mandate represents an "unprecedented" expansion of federal power. "The individual mandate is breathtaking in its expansive scope," two judges of the 11th Circuit Court of Appeals wrote in their 207-page majority opinion. Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed. Though Congress may regulate those who buy insurance, it may not regulate those who "have not entered the insurance market and have no intention of doing so," they said. Conversely, other judges have upheld the law. In June, the Obama administration prevailed before the federal appellate court in Cincinnati, which in a split opinion ruled that the mandate represented a constitutional exercise of Congress' authority to regulate commerce. About 50 million Americans lack basic health insurance. As a result, hospitals and taxpayers are forced to pay about $43 billion a year to cover the costs of those who are treated but cannot pay. Many healthcare experts believe an insurance mandate is crucial not only to controlling this cost shift but also to guaranteeing that all Americans can get insurance, a right provided by the law. Without such a requirement, they argue, consumers would be able to wait until they were sick to buy insurance. That in turn would push up premiums. However, the mandate galvanized GOP opposition to the law and helped fuel the "tea party" movement. Senate Minority Leader Mitch McConnell (R-Ky.) said the ruling "only strengthens and adds more momentum to the efforts of those of us who are working to repeal." The White House, meanwhile, minimized the opinion, citing the divided rulings by multiple federal courts around the country. "Today's ruling is one of many decisions on the Affordable Care Act that we will see in the weeks and months ahead," Obama aide Stephanie Cutter wrote in a blog posting. The ruling was not a total victory for the challengers. The appeals court rejected the states' claim that Congress went too far by expanding the Medicaid program for low-income Americans. The judges also agreed the rest of the healthcare law could stand, even if the insurance mandate is struck down. The Atlanta-based court has a conservative reputation and had been seen as the best forum for those challenging the law. The majority was made up of Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Judge Frank Hull, a female appointee of President Clinton. The dissenter, Judge Stanley Marcus, was also a Clinton appointee. In dissent, Marcus said judges have a duty to act with "caution, restraint and great humility" and uphold the laws enacted by the elected representatives. "At bottom, Congress rationally concluded that the uninsured's consumption of healthcare services shifts enormous costs unto others ? and the individual mandate directly addresses this cost-shifting problem," said Marcus in dissent. The administration can appeal Friday's decision directly to the Supreme Court. If an appeal petition is filed in the fall, the justices are likely to hear the case early next year and rule by late June. Striking down the mandate could have dramatic consequences if insurance premiums surge, as many experts fear. That could put more pressure on the federal treasury because millions of Americans are expected to qualify for federal subsidies starting in 2014 to help them buy insurance. Ballooning subsidy costs could increase pressure to cut back other healthcare initiatives in the law, including the expansion of state Medicaid programs for low-income Americans. Eliminating the mandate would probably have less impact on other parts of the healthcare overhaul, including portions of the law designed to make Medicare more efficient and to improve the quality of care that hospitals and doctors provide. In another ruling Friday, three judges of the U.S. 9th Circuit Court of Appeals rejected a challenge to the insurance mandate brought by former state legislator Steven Baldwin and the Pacific Justice Institute, ruling they had no standing to sue. Times staff writer Carol J. Williams in Los Angeles contributed to this report. Obomber is probably furious. Wonder if his lawyer buddy on the supreme court will circumvent the constitution? You're a racist little moron and a dim wit. Racist and moron in one sentence. You're getting quite efficient!! |
#7
posted to rec.boats
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Good court decision...
In article ,
says... On 8/13/11 1:38 PM, wrote: On Sat, 13 Aug 2011 09:18:04 -0600, wrote: On 12/08/2011 8:15 PM, TopBassDog wrote: Speaking of good court decisions, Herr Krause. It is comforting to know that there are a few jurists that follow your Constitutional guidelines. And one cut and paste deserves another, eh? http://www.latimes.com/news/nationwo...,5180930.story By David G. Savage and Noam N. Levey, Washington Bureau August 13, 2011 Reporting from Washington? A federal appeals court struck down a pillar of President Obama's national healthcare law, ruling Congress does not have the power to require all Americans to buy insurance and setting the stage for a Supreme Court decision ahead of the 2012 election. The 2-1 decision is a victory for Republican leaders in 26 states who challenged the law last year, testing whether the signature accomplishment of Obama's presidency would stand. The Atlanta-based judges echoed the complaint that the mandate represents an "unprecedented" expansion of federal power. "The individual mandate is breathtaking in its expansive scope," two judges of the 11th Circuit Court of Appeals wrote in their 207-page majority opinion. Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed. Though Congress may regulate those who buy insurance, it may not regulate those who "have not entered the insurance market and have no intention of doing so," they said. Conversely, other judges have upheld the law. In June, the Obama administration prevailed before the federal appellate court in Cincinnati, which in a split opinion ruled that the mandate represented a constitutional exercise of Congress' authority to regulate commerce. About 50 million Americans lack basic health insurance. As a result, hospitals and taxpayers are forced to pay about $43 billion a year to cover the costs of those who are treated but cannot pay. Many healthcare experts believe an insurance mandate is crucial not only to controlling this cost shift but also to guaranteeing that all Americans can get insurance, a right provided by the law. Without such a requirement, they argue, consumers would be able to wait until they were sick to buy insurance. That in turn would push up premiums. However, the mandate galvanized GOP opposition to the law and helped fuel the "tea party" movement. Senate Minority Leader Mitch McConnell (R-Ky.) said the ruling "only strengthens and adds more momentum to the efforts of those of us who are working to repeal." The White House, meanwhile, minimized the opinion, citing the divided rulings by multiple federal courts around the country. "Today's ruling is one of many decisions on the Affordable Care Act that we will see in the weeks and months ahead," Obama aide Stephanie Cutter wrote in a blog posting. The ruling was not a total victory for the challengers. The appeals court rejected the states' claim that Congress went too far by expanding the Medicaid program for low-income Americans. The judges also agreed the rest of the healthcare law could stand, even if the insurance mandate is struck down. The Atlanta-based court has a conservative reputation and had been seen as the best forum for those challenging the law. The majority was made up of Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Judge Frank Hull, a female appointee of President Clinton. The dissenter, Judge Stanley Marcus, was also a Clinton appointee. In dissent, Marcus said judges have a duty to act with "caution, restraint and great humility" and uphold the laws enacted by the elected representatives. "At bottom, Congress rationally concluded that the uninsured's consumption of healthcare services shifts enormous costs unto others ? and the individual mandate directly addresses this cost-shifting problem," said Marcus in dissent. The administration can appeal Friday's decision directly to the Supreme Court. If an appeal petition is filed in the fall, the justices are likely to hear the case early next year and rule by late June. Striking down the mandate could have dramatic consequences if insurance premiums surge, as many experts fear. That could put more pressure on the federal treasury because millions of Americans are expected to qualify for federal subsidies starting in 2014 to help them buy insurance. Ballooning subsidy costs could increase pressure to cut back other healthcare initiatives in the law, including the expansion of state Medicaid programs for low-income Americans. Eliminating the mandate would probably have less impact on other parts of the healthcare overhaul, including portions of the law designed to make Medicare more efficient and to improve the quality of care that hospitals and doctors provide. In another ruling Friday, three judges of the U.S. 9th Circuit Court of Appeals rejected a challenge to the insurance mandate brought by former state legislator Steven Baldwin and the Pacific Justice Institute, ruling they had no standing to sue. Times staff writer Carol J. Williams in Los Angeles contributed to this report. Obomber is probably furious. Wonder if his lawyer buddy on the supreme court will circumvent the constitution? You're a racist little moron and a dim wit. My wife and have to pay tens of thousands of dollars in income taxes to pay for wars we don't support and to subsidize tax breaks for corporations that export American jobs overseas... We have to pay about $4000 a year in local property taxes to send other peoples' kids to school... But the courts say I can go without medical insurance, which forces other people to pay even more than they otherwise would in order to cover the costs of my unwillingness to pay for health insurance. America?charting the course of its own failure. Man, after that remark about doorknobs from Plume that made you skeet in your pants, you sure have your nose up her ass!!! |
#8
posted to rec.boats
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Good court decision...
On Sat, 13 Aug 2011 13:44:16 -0400, X ~ Man
wrote: On 8/13/11 1:38 PM, wrote: On Sat, 13 Aug 2011 09:18:04 -0600, wrote: On 12/08/2011 8:15 PM, TopBassDog wrote: Speaking of good court decisions, Herr Krause. It is comforting to know that there are a few jurists that follow your Constitutional guidelines. And one cut and paste deserves another, eh? http://www.latimes.com/news/nationwo...,5180930.story By David G. Savage and Noam N. Levey, Washington Bureau August 13, 2011 Reporting from Washington— A federal appeals court struck down a pillar of President Obama's national healthcare law, ruling Congress does not have the power to require all Americans to buy insurance and setting the stage for a Supreme Court decision ahead of the 2012 election. The 2-1 decision is a victory for Republican leaders in 26 states who challenged the law last year, testing whether the signature accomplishment of Obama's presidency would stand. The Atlanta-based judges echoed the complaint that the mandate represents an "unprecedented" expansion of federal power. "The individual mandate is breathtaking in its expansive scope," two judges of the 11th Circuit Court of Appeals wrote in their 207-page majority opinion. Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed. Though Congress may regulate those who buy insurance, it may not regulate those who "have not entered the insurance market and have no intention of doing so," they said. Conversely, other judges have upheld the law. In June, the Obama administration prevailed before the federal appellate court in Cincinnati, which in a split opinion ruled that the mandate represented a constitutional exercise of Congress' authority to regulate commerce. About 50 million Americans lack basic health insurance. As a result, hospitals and taxpayers are forced to pay about $43 billion a year to cover the costs of those who are treated but cannot pay. Many healthcare experts believe an insurance mandate is crucial not only to controlling this cost shift but also to guaranteeing that all Americans can get insurance, a right provided by the law. Without such a requirement, they argue, consumers would be able to wait until they were sick to buy insurance. That in turn would push up premiums. However, the mandate galvanized GOP opposition to the law and helped fuel the "tea party" movement. Senate Minority Leader Mitch McConnell (R-Ky.) said the ruling "only strengthens and adds more momentum to the efforts of those of us who are working to repeal." The White House, meanwhile, minimized the opinion, citing the divided rulings by multiple federal courts around the country. "Today's ruling is one of many decisions on the Affordable Care Act that we will see in the weeks and months ahead," Obama aide Stephanie Cutter wrote in a blog posting. The ruling was not a total victory for the challengers. The appeals court rejected the states' claim that Congress went too far by expanding the Medicaid program for low-income Americans. The judges also agreed the rest of the healthcare law could stand, even if the insurance mandate is struck down. The Atlanta-based court has a conservative reputation and had been seen as the best forum for those challenging the law. The majority was made up of Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Judge Frank Hull, a female appointee of President Clinton. The dissenter, Judge Stanley Marcus, was also a Clinton appointee. In dissent, Marcus said judges have a duty to act with "caution, restraint and great humility" and uphold the laws enacted by the elected representatives. "At bottom, Congress rationally concluded that the uninsured's consumption of healthcare services shifts enormous costs unto others … and the individual mandate directly addresses this cost-shifting problem," said Marcus in dissent. The administration can appeal Friday's decision directly to the Supreme Court. If an appeal petition is filed in the fall, the justices are likely to hear the case early next year and rule by late June. Striking down the mandate could have dramatic consequences if insurance premiums surge, as many experts fear. That could put more pressure on the federal treasury because millions of Americans are expected to qualify for federal subsidies starting in 2014 to help them buy insurance. Ballooning subsidy costs could increase pressure to cut back other healthcare initiatives in the law, including the expansion of state Medicaid programs for low-income Americans. Eliminating the mandate would probably have less impact on other parts of the healthcare overhaul, including portions of the law designed to make Medicare more efficient and to improve the quality of care that hospitals and doctors provide. In another ruling Friday, three judges of the U.S. 9th Circuit Court of Appeals rejected a challenge to the insurance mandate brought by former state legislator Steven Baldwin and the Pacific Justice Institute, ruling they had no standing to sue. Times staff writer Carol J. Williams in Los Angeles contributed to this report. Obomber is probably furious. Wonder if his lawyer buddy on the supreme court will circumvent the constitution? You're a racist little moron and a dim wit. My wife and have to pay tens of thousands of dollars in income taxes to pay for wars we don't support and to subsidize tax breaks for corporations that export American jobs overseas... We have to pay about $4000 a year in local property taxes to send other peoples' kids to school... But the courts say I can go without medical insurance, which forces other people to pay even more than they otherwise would in order to cover the costs of my unwillingness to pay for health insurance. America…charting the course of its own failure. I tend to go with what Churchill said.. paraphrasing... we try all the stupid-ass things before we do what's right. |
#9
posted to rec.boats
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Good court decision...
On Aug 13, 2:33*pm, wrote:
On Sat, 13 Aug 2011 13:44:16 -0400, X ~ Man wrote: On 8/13/11 1:38 PM, wrote: On Sat, 13 Aug 2011 09:18:04 -0600, wrote: On 12/08/2011 8:15 PM, TopBassDog wrote: Speaking of good court decisions, Herr Krause. It is comforting to know that there are a few jurists that follow your Constitutional guidelines. And one cut and paste deserves another, eh? http://www.latimes.com/news/nationwo...urt-healthcare.... By David G. Savage and Noam N. Levey, Washington Bureau August 13, 2011 Reporting from Washington A federal appeals court struck down a pillar of President Obama's national healthcare law, ruling Congress does not have the power to require all Americans to buy insurance and setting the stage for a Supreme Court decision ahead of the 2012 election. The 2-1 decision is a victory for Republican leaders in 26 states who challenged the law last year, testing whether the signature accomplishment of Obama's presidency would stand. The Atlanta-based judges echoed the complaint that the mandate represents an "unprecedented" expansion of federal power. "The individual mandate is breathtaking in its expansive scope," two judges of the 11th Circuit Court of Appeals wrote in their 207-page majority opinion. Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed. Though Congress may regulate those who buy insurance, it may not regulate those who "have not entered the insurance market and have no intention of doing so," they said. Conversely, other judges have upheld the law. In June, the Obama administration prevailed before the federal appellate court in Cincinnati, which in a split opinion ruled that the mandate represented a constitutional exercise of Congress' authority to regulate commerce. About 50 million Americans lack basic health insurance. As a result, hospitals and taxpayers are forced to pay about $43 billion a year to cover the costs of those who are treated but cannot pay. Many healthcare experts believe an insurance mandate is crucial not only to controlling this cost shift but also to guaranteeing that all Americans can get insurance, a right provided by the law. Without such a requirement, they argue, consumers would be able to wait until they were sick to buy insurance. That in turn would push up premiums. However, the mandate galvanized GOP opposition to the law and helped fuel the "tea party" movement. Senate Minority Leader Mitch McConnell (R-Ky.) said the ruling "only strengthens and adds more momentum to the efforts of those of us who are working to repeal." The White House, meanwhile, minimized the opinion, citing the divided rulings by multiple federal courts around the country. "Today's ruling is one of many decisions on the Affordable Care Act that we will see in the weeks and months ahead," Obama aide Stephanie Cutter wrote in a blog posting. The ruling was not a total victory for the challengers. The appeals court rejected the states' claim that Congress went too far by expanding the Medicaid program for low-income Americans. The judges also agreed the rest of the healthcare law could stand, even if the insurance mandate is struck down. The Atlanta-based court has a conservative reputation and had been seen as the best forum for those challenging the law. The majority was made up of Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Judge Frank Hull, a female appointee of President Clinton. The dissenter, Judge Stanley Marcus, was also a Clinton appointee. In dissent, Marcus said judges have a duty to act with "caution, restraint and great humility" and uphold the laws enacted by the elected representatives. "At bottom, Congress rationally concluded that the uninsured's consumption of healthcare services shifts enormous costs unto others and the individual mandate directly addresses this cost-shifting problem," said Marcus in dissent. The administration can appeal Friday's decision directly to the Supreme Court. If an appeal petition is filed in the fall, the justices are likely to hear the case early next year and rule by late June. Striking down the mandate could have dramatic consequences if insurance premiums surge, as many experts fear. That could put more pressure on the federal treasury because millions of Americans are expected to qualify for federal subsidies starting in 2014 to help them buy insurance. Ballooning subsidy costs could increase pressure to cut back other healthcare initiatives in the law, including the expansion of state Medicaid programs for low-income Americans. Eliminating the mandate would probably have less impact on other parts of the healthcare overhaul, including portions of the law designed to make Medicare more efficient and to improve the quality of care that hospitals and doctors provide. In another ruling Friday, three judges of the U.S. 9th Circuit Court of Appeals rejected a challenge to the insurance mandate brought by former state legislator Steven Baldwin and the Pacific Justice Institute, ruling they had no standing to sue. Times staff writer Carol J. Williams in Los Angeles contributed to this report. Obomber is probably furious. *Wonder if his lawyer buddy on the supreme court will circumvent the constitution? You're a racist little moron and a dim wit. My wife and have to pay tens of thousands of dollars in income taxes to pay for wars we don't support and to subsidize tax breaks for corporations that export American jobs overseas... We have to pay about $4000 a year in local property taxes to send other peoples' kids to school... But the courts say I can go without medical insurance, which forces other people to pay even more than they otherwise would in order to cover the costs of my unwillingness to pay for health insurance. America charting the course of its own failure. I tend to go with what Churchill said.. paraphrasing... we try all the stupid-ass things before we do what's right. I'm glad you are becoming enlightened of the antics of your nations current Administration, D'Plume. |
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