Category: Society

A TALE OF TWO CIRCUITS: OBAMACARE IS EITHER ON LIFE SUPPORT OR IN ROBUST HEALTH

230px-CPR_training-04190px-Falk,_Benjamin_J._(1853-1925)_-_Eugen_Sandow_(1867-1925)Below is my column today in the Chicago Tribune on the rivaling rulings in the D.C. Circuit and the Fourth Circuit over a critical provision under the Patient Protection and Affordable Care Act (ACA). As an academic interesting in statutory interpretation and legisprudence, the opinions are fascinating and capture two different but well-argued views of the role of both courts and agencies in dealing with legislative language.

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San Diego Police Sued Over Stripper “Inspections” At Two Clubs

Patch_of_the_San_Diego_Police_DepartmentThirty women who work at two strip clubs, Cheetahs and Expose, are suing the city of San Diego and police Chief Shelley Zimmerman for what they allege were “license inspections” that were really photo ops for officers who snapped pictures of dancers in dressing rooms during a raid on July 15, 2013. (No, those are not supposed to look like two stripper poles on the police patch).

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Fourth Circuit Rules For Obama Administration On ACA Interpretation

US-CourtOfAppeals-4thCircuit-SealPresident_Barack_ObamaSoon after the D.C. Circuit delivered a major loss to the Administration in rejecting its statutory interpretation under the ACA in Halbig v. Burwell, the United States Court of Appeals for the Fourth Circuit has delivered an equally important victory on the very same issue in King v. Burwell. This tale of two circuits only increases the likelihood of a Supreme Court review and perhaps the case for expedited appeals.

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“Congress is Supreme in Matters of Policy”: D.C. Circuit Rules Against Obama Administration In Halbig

US-CourtOfAppeals-DCCircuit-SealPresident_Barack_ObamaAs I have written about in columns and testimony, the most significant challenge to Obamacare was never Hobby Lobby but Halbig vs. Burwell that has been pending in the D.C. Circuit. I described Halbig in my testimony as a live torpedo in the water for Obamacare. Well, that torpedo just hit. The D.C. Circuit has found that the Obama Administration effectively rewrote the law on a critical provision dealing with tax credits and state exchanges. It is another major blow against the Administration and more importantly another judicial finding that President Obama exceeded his authority in his effort to “go it alone” in ordering such changes to federal laws.

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God Did It: Indiana Woman Insists That God Told Her To Let Him Drive And Then Ran Over Motorcyclist

180px-Creation_of_the_Sun_and_Moon_face_detailarticle-2700967-1FDCEF1900000578-380_306x418Sometimes saying “God is my co-pilot” is more than an aspirational bumper sticker. Prionda Hill, 25, insists that she took it seriously when she said that God told her that he would drive her 2006 Pontiac Grand Prix. Either God is another elderly driver past his prime or he wanted to do in Anthony Oliveri, 47, because he immediately ran the car off the road and slammed into Oliveri on his 2001 Harley-Davidson.

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Wisconsin Economics Professor Accuses UW-Madison Of Plan To Require Race-Based “Diversity Grading”

UW-Madison_logo.svgLee Hansen, a professor emeritus of economics at UW-Madison, has caused a stir in academic with an article entitled “Madness in Madison” with the John William Hope Pope Center for Higher Education, a North Carolina-based think tank. The article quotes at length from a UW-Madison guideline entitled Forward Together: A Framework for Diversity and Inclusive Excellence that refers to equity in grading and also references how minority students should be allowed into special programs or high-demand majors. The broad language raises concerns with faculty like Hansen over how professors are supposed to achieve these goals and whether they will be evaluated based on such guidelines. Hansen is a well-respected economist with a long and impressive academic history.

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Looking Hot: Illinois Woman Arrested After Posting Selfie With Stolen Dress

6379cc40-1106-11e4-bcb6-efa0f914c309_shoplifted-dress-illinoisDanielle Saxton clearly wanted to look hot and she succeeded. The 27-year-old Illinois woman was arrested after she posted pictures on Facebook showing herself in a shoplifted dress. The multicolored leopard print dress with a black waistband was stolen from Morties, a store located in West Frankfort where Saxton resides. Saxton added the caption “Love my dress.” She was not alone.

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“This Is What We Will Do”: Eighth Circuit Upholds Child Porn Conviction For Nebraska Man Who Pasted Picture of Girl On Naked Body And Sent It To The Child

JeffreyAndersonMugShot-279x300There is a disturbing child pornography case out of Nebraska that also raises some challenging legal questions. Jeffrey Anderson, who entered a conditional guilty plea for one count of distributing child pornography, after digitally editing a photo of a naked adult woman having sex and replaced the face with that of an 11-year-old girl. He then sent the girl the photo with the caption “This is what we will do.” The Eighth Circuit upheld his 10-year sentence in rejected the conditional challenge to the charge.

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Florida State Professor Dan Markel Shot At Home [UPDATED]

1405809806000-Dan-MarkelFlorida State law professor and leading blogger legal Dan Markel died on Friday from an apparent gunshot wound at his home. Markel, 41, was a popular professor at Florida State University College of Law and the founder of Prawfsblawg, a popular legal blog. All such deaths without witnesses (called “unattended incidents”) are investigated as possible homicides. UPDATE: The police are saying that Markel was “targeted’ and murdered.

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Bad News Bear: Chicago Cubs Sue “Billy Cub”

dt.common.streams.StreamServer.clsThe fur is flying in Chicago after the Chicago Cubs, my home team, filed a lawsuit against John Paul Weier, Patrick Weier and three other unidentified individuals who are all dressing up as “Billy Cub” and taking pictures outside of Wrigley Field. As many know, I am a diehard Cubs fan but I have been critical of Cubs Chairman Tom Ricketts in the past for this threats against fans to squeeze more money out of one of the most profitable teams in the country. The picture above was submitted as part of the lawsuit.

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Is Water a Right?

Seal_of_Detroit,_Michigan_svg

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

I have been watching the water crisis in Detroit for some time now and I have been amazed that it is not a bigger story.  If you haven’t heard, the new city Administrator of the City of Detroit that was appointed by the Governor and his Water Department have been turning off the water of needy citizens in Detroit when their past due bills are as little as $150.00. In a city with over 20% unemployment and countless vacant buildings, it seems like Detroit is slowly being destroyed.  Continue reading “Is Water a Right?”

Public Disclosure Request From Customs And Border Protection Reveals Huge Data Collection By U.S. Government For Airline Travelers Via Airlines

Submitted by Darren Smith, Weekend Contributor

Customs and Border Protection Shoulder PatchCyrus Farivar, the senior business editor of Ars Technica, wrote of his experience of having made a Freedom of Information Act request for data held regarding his Passenger Name Records (PNR) provided to the government by airlines, travel agents, and online booking services in order to review what is being tracked in his prior international travels. According to Cyrus, the government initially only included basic information going back to 1994 but after he appealed the request and the government then returned a seventy six page document of data revealing extensive data collected from 2005 to 2013.

He discovered that airlines and these various companies routinely hand over extensive passenger information during each transaction with the customer, including: phone number; address; e-mail address; meal preference (could be used to determine religion); accommodation requests; (can reveal health conditions); changes of seating; credit card numbers; whether the passenger is travelling with others and who; IP address; language used; notes from call center workers and other data not readily apparent to a reader.

The documents reveal a window into what privacy advocates believe is a disturbing trend of the U.S. Government to collect all things on all persons. And, this will likely have other repercussions.

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Grace Under Pressure: Gary Wilson And The Jesus Delivery

By Mark Esposito, Weekend Contributor

Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward  – and ours, too. You can read all of the Grace Under Pressure series by going to the blog search box and typing in the word “grace.” 

o-HOMELESS-MAN-DELIVERS-BABY-facebookEight-months pregnant, Keaton Mason felt that unmistakable feeling around 9:30 p.m. while sitting in her home in Oklahoma City. Summoning her fiance’ and grabbing her bug-out bag, the pair jumped into their white Honda and headed to the hospital. The timing seemed fine as they were only a short drive from the facility, but Baby Tatum had another plan in mind. Pulling off at the first exit they could find on I-40, they screeched to a stop just beside some semis at a large truck stop. The young couple was panicked and a small crowd of the helpless began to form. No one had medical training and no one around had any expertise past calling the 911.

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Muriettic Acid

By Mike Appleton, Weekend Contributor

“Taking a child he placed it in their midst, and putting his arms around it he said to them, ‘Whoever receives one child such as this in my name, receives me; and whoever receives me, receives not me, but the one who sent me.’ “

-Gospel of Mark, Ch. 9, verses 36-37, New American Bible (Thomas Nelson, 1989)

“If kids come in my backyard, I’ll shoot them.”

-unidentified Murietta, California resident protesting the sheltering of undocumented child immigrants (July 1, 2014)

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“Collective fear,” wrote Bertrand Russell, “stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd.” The ugliness in Murietta, California several weeks ago provided ample evidence, if any were needed, of the power of collective fear. But even more disturbing than the angry shouts at frightened children unable even to understand the words hurled at them has been the reaction of political leaders. Appearing on Fox News Sunday, Gov. Rick Perry demanded that the President dispatch National Guard troops to the border, for who knows what purpose. Rep. Louie Gohmert (R. Texas) has been even more vocal. Most of you may recall Rep. Gohmert’s rants several years ago about “anchor babies” born in the United States to be trained as terrorists. This time around he is claiming that the Administration is encouraging the influx of unaccompanied children as part of a plot to turn America “blue” and “ensure Republicans will never get elected again.” Of course, that will require that all of these tens of thousands of children survive the various diseases with which he also claims them to be infected and carrying over the border. Rep. Gohmert could be dismissed as another congressional crackpot but for the fact that he currently serves as vice chair of the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. Continue reading “Muriettic Acid”