Obamacare Spared Through “Jiggery-Pokery”?

scaliaSupreme CourtI spent most of the day opining in front of the Supreme Court and in studies on the 6-3 ruling in favor of the Obama Administration in King v. Burwell. I will not subject you to more of that analysis. I have previously indicated that I found the opposing view of the Halbig decision against the Administration to be compelling, though I have always viewed this to be a difficult question upon which people of good-faith could disagree. Yet, in both my prior congressional testimony and my columns, I have never accused the Administration of “jiggery-pokery” — largely because I was not sure what jiggery-pokery is. However, Associate Justice Antonin Scalia has written a stinging dissent to King that contains the memorable accusation that the majority was engaging in “interpretive jiggery-pokery.”

Quite fittingly given his prior decision harkening back to the original intent of the Framers, the term originates in the eighteenth century and means a dishonest manipulation or twisting like what we would call a flim-flam today. It can be traced to the Scottish word jouk, meaning to skillfully twist one’s body to avoid a blow like a boxer or fencer. Joukery became a term for underhanded dealing or trickery which led to the association with the word Pawky (from the word pawk or trick) Thus, by the seventeenth century, the first combination of joukery-pawkery were heard and it came into vogue in the 18th Century . . . and now again in the 21st Century.

238 thoughts on “Obamacare Spared Through “Jiggery-Pokery”?”

  1. Lisa, I for the most part don’t give a rat’s ass about this. I do take a macro issue and follow the wise words of lesbian, Camille Paglia. She points out cultures implode when they embrace deviant lifestyles. I have gay friends. A gay preacher married my daughter and son-in-law. To each their own. Like DBQ, I detest the agenda being forced down the throats of people who have religious objections. For every action, there is an equal and opposite reaction. That is a law of physics and I see a backlash a comin’.

  2. @@Old Nurse

    ~~ If a Gay man and lesbian woman were stranded on a Island for a couple of years. . . . how much you want to bet they would become straight!

    @Nick Spinelli

    ~~ Thank you and I’m down to earth normal working folks, but in today’s world, I’m considered a freak! I’m okay with the LBGT ruling by SCOTUS but consider it a bit political considering this is gay/lesbian day. Once they start attacking religious organizations for not conducting gay/lesbian marriage, then I will become a monster. I will protest and fight it with all the money I can donate to which ever group fights it. Leave my religion alone!!! 🙂

    1. Lisa Metzger – there is a category known as “situational homosexuality” usually found in prisons and boarding schools.

  3. @I.Annie

    Yep, that’s how you liberals roll! By stereotyping people! I say gay men are a promiscuous bunch, and you find 2 that aren’t—and then project that on to gay men so that the whole group is monogamous and faithful. Bullpoop! Over half the scummy sob’s have a written pre-nup that sets out the terms for cheating with other people! That’s the reality.

    But, being the delusional bunch of non-thinkers that you are, it’s the same thing you are doing with Dylann Roof. Oh look! We found a white racist! A white Supremacist! Oh, all white people got it in their DNA! Acclaimed Liberal Author, Mick “Spin” Dumdell came right out and said it!

    https://pansiesforplato.wordpress.com/2015/06/19/a-racist-at-last-a-racist-at-last-thank-god-almighty-a-racist-at-last-by-mick-spin-dumbdell/

    🙄

    Squeeky Fromm
    Girl Reporter

  4. The fraud and insidious deceit of infinite argument was revealed by the SCOTUS on the ACA. Interminable, haughty and exponentially convoluted argument is not intelligence. It is crime.

    The SCOTUS decisions, reinforced with, endless, tedious and torturous verbalizations, are now proven to be artificial constructs of criminal obfuscation as “High crimes and misdemeanors.”

    Abuse of power against the people requires the Congress to do its duty to impeach.

    Impeachment is the constitutional tool to arrest and prosecute crime by elected and appointed “officials.”

  5. Yep. Beautiful words, indeed, I.Annie. (Repeating them, below.)

    “That’s what this has always been about. Not procreation. Not religious beliefs. Not outdated stereotypes.

    “It has been about embracing the fundamental freedoms of life, liberty and the pursuit of happiness that drove our founding fathers to declare independence. The Supreme Court delivered on that promise Friday.”

    — Editorial board, The Republic | azcentral dot com

    http://www.azcentral.com/story/opinion/editorial/2015/06/26/same-sex-marriage-supreme-court/29333741/?hootPostID=%5B%278e0585a5ada9ebde07b05bc501365dad%27%5D

    The legal arguments are important, but the essence of the 5-4 decision recognizing marriage equality nationwide comes in the final paragraph of Justice Anthony Kennedy’s majority opinion:

    “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death.

    “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

    That’s what this has always been about. Not procreation. Not religious beliefs. Not outdated stereotypes.

    It has been about embracing the fundamental freedoms of life, liberty and the pursuit of happiness that drove our founding fathers to declare independence. The Supreme Court delivered on that promise Friday.

  6. The useful idiots applauding the courts decision today do not realize they have been pawns for the central planners. The objections (mine included) are not about keeping people from their pursuit of happiness but rather the already obvious intent to destroy the individual’s natural right of conscience and replace is it with the States.

    “The same-sex marriage agenda is more like a magic bullet with a trajectory that will abolish civil marriage for everyone, and in doing so, will embed central planning into American life. And that, my friends, is the whole point of it. Along with Obamacare, net neutrality, and Common Core, genderless marriage is a blueprint for regulating life, particularly family life.”

    http://thefederalist.com/2015/06/26/15-reasons-marriage-equality-is-about-neither-marriage-nor-equality/?utm_source=The+Federalist+List&utm_campaign=ce1ca8f19f-RSS_The_Federalist_Daily_Updates_w_Transom&utm_medium=email&utm_term=0_cfcb868ceb-ce1ca8f19f-79248369

  7. Yes, go figure David, not everyone sees the world through your eyes. I’m pretty sure we see many things quite differently.

  8. @I.Annie

    Your “love and marriage” blurb is total BS. Gay men don’t “love” each other. They have sex. Lots of it with multiple partners. By and large they care not whether they infect their “bottom”, or even themselves. To the extent that you believe any of the crap you post, or even read it, then you are extremely uninformed, to say the least.

    Gay men find the whole “forsaking all others til death do us part” both absurd and laughable.

    This link is not for you, because you don’t even read your own links, but for others whose heads are not filled with concrete:

    http://gawker.com/master-bedroom-extra-closet-the-truth-about-gay-marri-514348538

    Which is why you will see very few gay marriages.

    Squeeky Fromm
    Girl Reporter

  9. Alcohol was prohibited. Until it wasn’t.

    Keyword: Repealed.

    **********

    Twenty-first Amendment

    Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

    Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

    Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

    1. Annie, how can Justice Kennedy say this with a straight face when some of the homosexual whiners were whining about not being able to get a divorce in Alabama because they did not recognize their marriage in the first place. How does seeking the right to divorce from a same sex spouse exemplify respect for marriage? Justice Kennedy is preaching lies the same way that President Obama preaches lies. Not surprisingly, people who agree with his errant ideology find his words beautiful, and people who recognize the error in his logic find his words abhorrently deceptive.

  10. Today’s Court Ruling, Though Expected, is Still Shocking — Especially for Those Who Grew Up LGBT in the U.S.

    By Glenn Greenwald

    https://firstlook.org/theintercept/2015/06/26/todays-supreme-court-ruling-though-expected-still-shocking/

    Excerpt:

    Now, as of today, same-sex marriage is legal in all states. That is massive, fundamental change in an amount of time so short as to be dizzying. As the great LGBT activist Michelangelo Signorile warns in his new book, It’s Not Over, the advent of gay marriage no more means an end to harmful anti-gay bigotry than the end of Jim Crow laws (or the election of a black president) ended racism. Particularly for poorer LGBT citizens, ones who live outside of coastal cities, and transsexuals, discrimination remains potent (which is why the image of establishment, Democrat-loyal LGBT leaders jeering a Latina immigrant trans activist this week for interrupting President Obama, for whom they obsequiously swooned, was simultaneously so ugly and revealing). And the broader lessons to be drawn for political activism from acceptance of marriage equality are limited by the issue’s irrelevance to the nation’s financial elite (who, to the extent they care at all, largely support it) and the hard-core neutering of establishment gay organizations as the price for acceptance.

    Still, that the Supreme Court has now ruled that the Constitution bars discrimination even in marriage laws is a remarkable development for a country that has for centuries imposed untold ostracization, misery and legal punishment on its citizens for the crime of being gay. It demonstrates that real political change typically comes from citizens, not leaders. It highlights how difficult it is to demonize and Otherize people when they’re not invisible. And it exposes the myth of defeatism: that people are incapable of undermining and subverting entrenched institutional injustices.

    It’s breathtaking to consider the amount of courage and human suffering that led to today’s decision. In the late 1940s, Harry Hay created the Mattachine Society, which combined highly progressive politics with a campaign for gay rights in an indescribably hostile and oppressive climate. The Stonewall Riot of 1968, driven by outrage over endless police harassment, was led by the most marginalized members of the community, and sparked the modern LGBT movement. In the late 1980s and 1990s, ACT UP — driven primarily by sick gay men and their lesbian allies — pioneered political activism with a union of defiance, dissent, shrewd expertise and strategizing that unquestionably saved countless lives around the world and emboldened an entire generation of gay people (passively attending ACT UP meetings at Cooper Union during my law school years was incredibly formative).

    The experience of being gay in the U.S. has long been one of intense stigma, condemnation and exclusion; for many, it was worse than that. The tragically conclusive empirical data on the highly disproportionate suicide rates for gay adolescents, by itself, tells much of that story. To witness the arrival of full-scale legal equality is something many never expected to see in their lifetime, and now that it has happened, still seems surreal. -Glenn Greenwald

  11. Lisa, You seem to be new here, but you are obviously astute enough to see the lame game. Welcome and hope you stick around. Most of us are normal, hard working, down to earth folk.

  12. @Old Nurse

    You might want to read some books on this stuff. I am not sure at all what causes “gayness.” I suspect that it has something to do with repetitive thought patterns reinforced by sexual arousal. My GUESS is, you get the large majority of gays the same way you get shoe fetishists, or people who have to “disciplined” before they can become aroused. But that’s a guess. I think there is a lot of OCD that goes along with “gayness.”

    But, there are supposedly less gays than ex-gays.

    The study also compared sexual attraction at ages 17 and 22, with similar results. For example, 75% of adolescent males with SSA at age 17 had opposite-sex attraction at age 22.

    Dr. Neil Whitehead, a research scientist who worked for the New Zealand government for 24 years and the United Nations for another four years, analyzed this study. He notes that although a small percentage of heterosexual adolescents developed homosexuality, the vast majority transitioned in the opposite direction. Based on the data, 16 year-olds with SSA are “25 times more likely to change towards heterosexuality at the age of 17 than those with a heterosexual orientation are likely to change towards bi-sexuality or homosexuality.” That means that heterosexuality is 25 times more stable than homosexuality. It also seems to suggest that heterosexuality is more of a “default” orientation.

    That’s not all. Approximately 3% of the current heterosexual population once claimed to have either SSA or bisexual attractions. That means there are more people who have changed to exclusively heterosexual attraction than there are currently homosexuals and bisexuals combined. As Dr. Whitehead put it, “Ex-gays outnumber actual gays.”

    http://www.str.org/articles/once-gay-always-gay#.VY2urJMYFgA

    Sooo, I think science will eventually figure out what it is that went wrong with gay people, in a developmental sense. In the meantime, gay male behavior should be discouraged, not celebrated, because the promiscuous little dweebs are killing and injuring themselves like crazy,. Sodomy kills. I bet we see an increase in HIV this year from all the celebratory sodomy that will occur over the next few days.

    Squeeky Fromm
    Girl Reporter

  13. LOL! I see Ms. Metzger went to Miami of Ohio. A great school and producer of many great football coaches.

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