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. @Jacques

    ~~ It’s a states right. It depends on what state you live in. Texas, for instance, has a “Religious Freedom Act”, that allows anyone whom disagrees with someones lifestyle choice because of their religious practices, to refuse anyone business.

  2. It is amazing to observe the vitriol due to the homophobia, private parasitical insurance loving, and just plain bigotry and racism. What’s interesting is that the anger is focused on improvements in our society that have clearly shown results but not eradicated the problems. So, if you don’t completely eradicate human faults but move in the right direction, then you are anti American and simply do not love the Constitution.

    Yet from all of this complaining comes not one viable solution to the problems.

  3. BFM,
    answer the question please. Does your civil tolerant society allow the devout practicing muslim baker to refuse or not?

    1. Jacques – personally I would allow anyone to refuse on religious grounds.

    2. “answer the question please. Does your civil tolerant society allow the devout practicing muslim baker to refuse or not?”

      What part of ‘is it a business – then server the customer that walks through the door’ don’t you understand?

      If you are in business then you have an obligation to server the customer.

      Is there anyone else reading this who did not understand the meaning of “Is it a business? Then serve the customer that walks through the door.”

  4. @Jacques – June 26, 2015 at 6:46 pm
    “Annie – Answer the question: does your “civil” “tolerant” society allow a devout practicing muslim baker to refuse to bake a cake for a homosexual ceremony?”

    Good luck with getting an answer from her on this subject. Liberals thoughts are ambiguous at best. They always have one belief and then another to cancel out the last. They hate Christians, tolerate Muslims, but love gay & lesbians and woman’s rights. Their in a perpetual state of confusion. . . lol

  5. jacques,
    I don’t believe her PTSD from her Christian Fundamentalist roots extends to other faiths; at least as I’ve observed on this blog. Just an opinion and I could easily be wrong.

  6. @Olly

    ~~ Article 5 says that Congress “shall call a convention for proposing amendments” when requested by enough states.

    Under Article 5 of the Constitution, such a convention can be convened when requested by two-thirds of the states, and it is one of two ways to propose amendments to the nation’s founding document.

    The other method — by which all previous constitutional amendments have been initiated — requires a two-thirds vote in both houses of Congress. Ratifying amendments then require three-fourths of the states to approve.

    From my understanding, Michigan has joined and that is 34 states. This body can I believe, can impeach the justices and change or amend Constitutional laws, to include term limits on Justices.

    The Constitution of the United States
    * * * * * * * * * *
    Article V

    The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

  7. Annie
    Answer the question: does your “civil” “tolerant” society allow a devout practicing muslim baker to refuse to bake a cake for a homosexual ceremony?

    1. “Answer the question: does your “civil” “tolerant” society allow a devout practicing muslim baker to refuse to bake a cake for a homosexual ceremony?”

      My name is not Annie, but I will answer the question.

      Is the baker in business for profit? Are we are talking about providing a product or service as a profit making business? Then of course the business serves all customers and bakes the cake for anybody including for a homosexual ceremony.

      Businesses don’t have feeling nor do they have religious beliefs.

      That is not hard is it? Is it a business? Then serve the customer that walks through the door.

  8. Well, WordPress is making all its bloggers look at the stupid rainbow flag, and there is a discussion forum about it. Sooo, I wrote this poem about what the Rainbow Flag means to me!

    Dies Iris???
    A Brief Verse by Squeeky Fromm

    When e’er the RainBow Flag I see,
    I think of Death, and HIV!
    I think of SEX, and not of LOVES,
    I think of lube and latex gloves!

    I think of Queens upon the drag,
    And subbies with a red ball gag!
    I think of bathroom stalls and men,
    And throw up in my mouth again!

    This is what it means to me,
    When e’er the RainBow flag I see!

    Squeeky Fromm
    Girl Reporter

    Note: “Dies Iris” is a word play on “Dies Irae”, the day of wrath. “Iris” is the Greek word for rainbow, whose culture seemed most apropos to this situation.

  9. “However, in my opinion the decisions issued yesterday and today have made this a wonderful week for the future of the social contract.”

    Mike Appleton,
    Which social contract still makes our existing constitution relevant? As I wrote upthread, we ratified our constitution under Locke’s theory and have steadily progressed away from it to what could easily be argued Hobbes’ social contract theory. How can our existing “rule of law” even support our original chartered purpose for government? How are we not already passed JT’s constitutional tipping point?

  10. It’s going to get sticky for the next year and a half. . . .

    A day after Supreme Court Chief Justice John Roberts sided squarely with the Obama administration on the health care overhaul, the same jurist came out swinging against the court’s ruling legalizing same-sex marriage nationwide.

    In his dissenting opinion — which he read from the bench for the first time in his nearly 10 years as chief justice — Roberts charged Friday that the court had no right to intervene in what should be a democratic debate by the people, at the state level, over same-sex marriage.

    Chief Justice Roberts – “This court is not a legislature,” he wrote. “Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The fundamental right to marry does not include a right to make a State change its definition of marriage.”

  11. Sorry, but I do have an issue with this. This is a child dressed like a girl twerking. This looks like conditioning and or grooming. .

  12. ~~ 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!

    I think neither of them would “become straight.” They might have sex to deal with isolation, boredeom, or tension release but I doubt the experience would “convert” them.

  13. @Paul C. Schulte

    ~~ I have heard of it. I just get tired of hearing them say, they were born that way. No, they weren’t. The Southern Poverty Law Center labels all Christians who believe in the biblical definition of marriage as “hate groups”. I attend my hate group every Sunday. 😉

    1. Lisa Metzger – The Southern Poverty Law Center is a hate group. They should be banned.

  14. Progressives will never stop.

    Radicals will never stop.

    Communists will never stop.

    Obama care today, “single-payer” nationalized healthcare tomorrow.

    “Those who won’t stand for something, will fall for anything.”

    Making freaks normal.

    What’s next?

    ********************************

    “ENUMCLAW BESTIALITY”

    “Man in infamous Enumclaw horse-sex case faces new charges in Tennessee

    A former Washington state man who was convicted of trespassing at a Enumclaw farm where a man was fatally injured while having sex with a horse in 2005 is accused of having sex with animals on a Tennessee farm.

    By Jennifer Sullivan

    Seattle Times staff reporter

    A former Washington state man who was convicted of trespassing at an Enumclaw farm where a man was fatally injured while having sex with a horse in 2005 is accused of having sex with animals on a Tennessee farm.

    James Tait, 58, was arrested and charged Thursday with three counts of felony animal cruelty in Maury County, Tenn. Kenny Thomason, 44, who lives with Tait, was charged with two counts of felony animal cruelty.

    “They’ve been having sex with full-grown horses,” Maury County Detective Terry Chandler said Monday. “He [Tait] has been here for four years and it looks like it has been going on for some time.”

    Chandler said that Thomason owns the farm and the animals — 13 horses, Shetland ponies, goats and dogs. The detective said that it appears that people had been having sex with the ponies and dogs as well as well as larger horses.

    Deputies learned about the farm last week from someone who had recently visited. The person e-mailed investigators a photo of a man who was having sex with a Shetland pony, Chandler said.

    Chandler said he’s investigating whether the farm was being advertised as some sort of bestiality destination — just as happened in the Enumclaw case. Chandler said that detectives have recovered several videotapes of men having sex with animals on the farm.

    Tait and Thomason are each being held on more than $100,000 bail, Chandler said.

    When Enumclaw police searched Tait’s Enumclaw farm in July 2005 they found hundreds of videotapes depicting men having sex with horses. One video showed a 45-year-old Gig Harbor man having sex with a horse shortly before he died of acute peritonitis due to perforation of the colon on July 2, 2005.

    Authorities charged Tait with trespassing at a neighbor’s farm on the night of the Gig Harbor man’s death. Tait’s neighbors told The Times in 2005 that they didn’t know that people had been sneaking into their barn to have sex with their horses.

    Tait entered an Alford plea to the criminal trespassing charge in King County District Court on Nov. 29, 2005. Under the plea, he did not admit guilt but acknowledged a jury would likely convict him.

    In addition, Tait’s rented Enumclaw farm was known in Internet chat rooms as a destination for people who wanted to have sex with livestock, according to the King County Sheriff’s Office.

    In 2006, in response to the Enumclaw case, the Washington state Legislature made bestiality a Class C felony, punishable by up to five years in prison and a $10,000 fine.”

  15. @Nick Spinelli

    ~~ Backlash is coming for sure. Nothing has motivated the Evangelical vote more, than this decision by SCOTUS!!! ISIS is another motivating factor and the lack of give-a-shitz about beheading Christians, by our commander in chief. I already hear the roar of the train coming down the tracks.

    2010 was a slap, and the 2014 midterms were a smack down, 2016 will be a reckoning!

  16. “General Who Led Takeover of Egypt to Run for President”
    By DAVID D. KIRKPATRICKMARCH 26, 2014

    “CAIRO — Abdul-Fattah el-Sisi, the defense minister and military officer who led last summer’s takeover of the elected government in Egypt, formally announced on Wednesday that he was resigning from the army and running for president as he moved to consolidate his power.”

    **********

    Obama has “fundamentally transformed” America into an official “Banana Republic” with a “Tin Pot Dictator,” in conspiracy with the juggernaut of the rogue, corrupt Supreme Court.

    After the executive and judicial branches have “overreached” their authority and nullified the Constitution, and the milquetoast Congress, in dereliction of its duty, has abdicated as the American “Sovereign,” America has been pushed past the constitutional “tipping point” into chaos, and as Mao Tse-tung said,

    “Every Communist must grasp the truth; Political power grows out of the barrel of a gun,”

    as it does in Egypt, the sole remaining political power in America “grows out of the barrel of a gun” in the U.S. military.

    “It is better to live as a dog in an era of peace, than a man in times of war.” – Chinese Curse

    “May you live in interesting times.” – British Understatement

  17. http://www.pbs.org/wgbh/pages/frontline/shows/assault/roots/freud.html

    “Although the causes of homophobia are unclear, several psychoanalytic explanations have emerged from the idea of homophobia as an anxiety-based phenomenon. One psychoanalytic explanation is that anxiety about the possibility of being or becoming a homosexual may be a major factor in homophobia. For example, de Kuyper (1993) has asserted that homophobia is the result of the remnants of homosexuality in the heterosexual resolution of the Oedipal conflict. Whereas these notions are vague, psychoanalytic theories usually postulate that homophobia is a result of repressed homosexual urges or a form of latent homosexuality. Latent homosexuality can be defined as homosexual arousal which the individual is either unaware of or dent. Psychoanalysts use the concept of repressed or latent homosexuality to explain the emotional malaise and irrational attitudes displayed by some individuals who feel guilty about their erotic interests and struggle to deny and repress homosexual impulses. In fact, West stated, ‘when placed in a situation that threatens to excite their own unwanted homosexual thoughts, they overreact with panic or anger.” Slaby ( 1994 ) contended that anxiety about homosexuality typically does not occur in individuals who are same-sex oriented, but it usually involves individuals who are ostensibly heterosexual and have difficulty integrating their homosexual feelings or activity. The relationship between homophobia and latent homosexuality has not been empirically investigated and is one of the purposes of the present study.”

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