Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts
Thursday, July 25, 2013
Larry Wilmore (@thelarrywilmore) lets us know why we can NEVER have a conversation on race...
This is the best, funniest, most honest, most insightful...and in it's own way...the angriest statement on our Race relations in the U.S.A.
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Wednesday, May 15, 2013
In two videos, @Lawrence O'Donnell breaks down the REAL "IRS Scandal"...
Day 1: May 13, 2013:
Day 2: May 14, 2013:
Day 2: May 14, 2013:
Wednesday, April 11, 2012
Wednesday, April 4, 2012
One more accomplishment for the President to brag about... (VIDEO)
He signed the STOCK act today...so, I'm guessing Mittens is in favor of repeal??
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Steve Pearlstein: Why we should tell Corporate America to drop dead...
From Eat your broccoli, Justice Scalia, published on March 31st:
My first thought on perusing the briefs filed in the combined cases was to notice what wasn’t there: any involvement on the part of Corporate America.
For the past 20 years, big business has complained endlessly about escalating health-care premiums, which they correctly blamed on “cost-shifting,” including paying indirectly for the free care provided to the workers at firms that did not provide health benefits. They wanted an end to fee-for-service medicine that rewarded doctors for providing more care than necessary. Some even talked of reforms that would begin to move the country away from an employer-based insurance system.
Yet despite the fact that “Obamacare” did all of those things and more, there was not a single brief in support of the law from an organization representing big business.
Small businesses have spent the past two decades complaining that the reason they don’t offer coverage is that it’s too expensive because they don’t get the large-group and community rating advantage. So how did the National Federation of Independent Businesses respond to a law that assured small businesses the benefits of large-group purchasing and community rating and threw in billions of dollars in subsidies to boot? It signed up as one of the named plaintiffs challenging the constitutionality of the new law.
It’s hard to know what the business community will demand if the Supreme Court overturns the health-care law. At that point, however, it will hardly matter, since they will have lost all political credibility on the issue, particularly with the Obama White House and anyone who happens to be a Democrat.
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Monday, March 5, 2012
If you want to watch the star-studded Prop. 8 play, you can watch it here (VIDEO)
All two hours of it.
Wednesday, October 12, 2011
Lawrence O'Donnell: When Obama starts campaigning...watch out! (VIDEO)
Visit msnbc.com for breaking news, world news, and news about the economy
Thursday, September 22, 2011
AFSCME: More Jobs Equal Less Debt (VIDEO)
Can't be posted (or seen on TV) enough:
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Wednesday, July 27, 2011
The 14th Amendment Option...and why it's probably NOT an option.
Steve Benen first posted this from Prof. Lawrence Tribe, writing in the New York Times. By way of background, Tribe is a Liberal Law Professor from Harvard who's described Barack Obama as "the best Law Student he's ever had." So I think we can count him as a Obama Supporter.
His piece goes on to explain his former Student's thinking when he says that the so-called 14th Amendment Option everyone's been talking up simply won't work:
His piece goes on to explain his former Student's thinking when he says that the so-called 14th Amendment Option everyone's been talking up simply won't work:
Proponents of a constitutional deus ex machina have offered a more modest interpretation of the public debt clause, under which only actual default (as opposed to any action that merely increases the risk of default) is impermissible. This interpretation makes more sense. But advocates of the constitutional solution err in their next step: arguing that, because default would be unconstitutional, President Obama may violate the statutory debt ceiling to prevent it.
The Constitution grants only Congress — not the president — the power “to borrow money on the credit of the United States.” Nothing in the 14th Amendment or in any other constitutional provision suggests that the president may usurp legislative power to prevent a violation of the Constitution. Moreover, it is well established that the president’s power drops to what Justice Robert H. Jackson called its “lowest ebb” when exercised against the express will of Congress.
Worse, the argument that the president may do whatever is necessary to avoid default has no logical stopping point. In theory, Congress could pay debts not only by borrowing more money, but also by exercising its powers to impose taxes, to coin money or to sell federal property. If the president could usurp the congressional power to borrow, what would stop him from taking over all these other powers, as well?
So the arguments for ignoring the debt ceiling are unpersuasive. But even if they were persuasive, they would not resolve the crisis. Once the debt ceiling is breached, a legal cloud would hang over any newly issued bonds, because of the risk that the government might refuse to honor those debts as legitimate. This risk, in turn, would result in a steep increase in interest rates because investors would lose confidence — a fiscal disaster that would cost the nation tens of billions of dollars.
Although an authoritative judicial declaration authorizing borrowing above the debt ceiling might alleviate investors’ fears, obtaining such a declaration is no easy task. Only someone who has suffered a “particularized” harm — not one shared with the public at large — is entitled to sue. It would be difficult to conjure up a plaintiff who has suffered such specific harm from an issuance of debt beyond the ceiling. And even if such a plaintiff could be found, increased interest rates would have already inflicted terrible damage by the time the Supreme Court ruled on the matter.
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Friday, May 20, 2011
The Fireside Chat for May 20th, 2011 (VIDEO)
Having just given the commencement address at Booker T. Washington High School in Memphis, which has made inspiring progress in recent years, the President says Congress must replace No Child Left Behind to help all our schools thrive.
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Tuesday, May 17, 2011
Jonathan Cohn talks about a warning from the Courts to Obamacare opponents...
From today's piece:
At the moment, the case against the law in the hands of the appellate courts. Three sets of cases are pending, each one before a different Circuit Court. Last week judges from the Fourth Circuit, which sits in Virginia, heard the first of these cases. Early next month, judges from the Sixth Circuit, in Cincinnati, are supposed to hear the next one.
The Fourth Circuit judges, all of them Democratic appointees, seemed openly skeptical of arguments that the Affordable Care Act is unconstitutional. But the Sixth Circuit panel will include two judges appointed by Republicans and just one appointed by a Democrat. Most experts figure they will be more sympathetic to the lawsuit challenging the law's constitutionality or, at least, to the parties bringing it.
And maybe they will be. But, on Thursday, the judges sent a letter to lawyers from both parties. In it, they asked the lawyers to write briefs on three procedural questions. Two of them are about "standing" and "ripeness." (Or at least what I understand those concepts to be.)
The first question asks whether the plaintiffs can show they have suffered an injury or face an "imminent injury," even though the law doesn't take effect until 2014. The other asks for details on the penalties for violating the individual mandate and the extent to which they would actually cause "injury and hardship." As legal expert Timothy Jost and journalist Timothy Noah have pointed out, the law specifically prohibits the federal government from using criminal penalties to enforce the insurance requirement.
These questions are critical because, if the plaintiffs can't demonstrate that the Affordable Care Act has caused or will "imminently" cause them hardship, then they arguably have no right to challenge the law. And the Sixth Circuit judges don't seem to be the only ones pondering these issues. The Fourth Circuit judges, in Richmond, made a big deal about this in last week's oral arguments.
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Wednesday, May 4, 2011
Missed Stories: Lara Logan's Interview on 60 Minutes (VIDEO)
One of the things President Obama mentioned in his speech about his long-form Birth Certificate, was the fact that the Media gets us all distracted on things (like his birth certificate) that we don't need to get distracted on.
Unfortunately, sometimes other, actually relevant events can swamp aside other, equally important stories.
One of those unfortunate circumstances took place during Sunday's announcement of the death of Osama Bin Laden. We lost track of Lara Logan's interview talking about her sexual assault while working on the Egyptian Uprising Story for CBS.
This is one of those instances for a woman in Ms. Logan's position, that's both hard and necessary. To have to relive that order is hard, but to share that experience with the world, on a major news telecast, is necessary because it helps chip away at the stigma that seems to still exist about these crimes. Still, she got up in front the camera, and broke that code of silence. I don't even know Ms. Logan, but I'm proud of her for doing this.
It's a damn shame that a proper discussion of what she said was swept aside. Well, at least here, you have a chance to see the interview in case you missed it:
And 60 Minutes Overtime:
Unfortunately, sometimes other, actually relevant events can swamp aside other, equally important stories.
One of those unfortunate circumstances took place during Sunday's announcement of the death of Osama Bin Laden. We lost track of Lara Logan's interview talking about her sexual assault while working on the Egyptian Uprising Story for CBS.
This is one of those instances for a woman in Ms. Logan's position, that's both hard and necessary. To have to relive that order is hard, but to share that experience with the world, on a major news telecast, is necessary because it helps chip away at the stigma that seems to still exist about these crimes. Still, she got up in front the camera, and broke that code of silence. I don't even know Ms. Logan, but I'm proud of her for doing this.
It's a damn shame that a proper discussion of what she said was swept aside. Well, at least here, you have a chance to see the interview in case you missed it:
And 60 Minutes Overtime:
Wednesday, April 6, 2011
If you don't mention Congress in your pushback of the President, @Maddow, then you are lying to us
Per yesterday:
If you have piece about Obama's retreat on GITMO, you are of course free to blast the President. That is your right.
However, if you don't mention Congress's responsibility in this, you are lying to us, and wasting our time.
If you have piece about Obama's retreat on GITMO, you are of course free to blast the President. That is your right.
However, if you don't mention Congress's responsibility in this, you are lying to us, and wasting our time.
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Monday, April 4, 2011
A little perspective on GITMO always helps...as Democrats allow us to cower in fear in the face of Terrorism
Well, we got the announcement that shocked absolutely no one:
You thought I was talking something else, weren't you?
Reverses. Really?
The Post makes it sound like the Administration up and changed its mind. Steve Benen speaks about what really happened:
And Andrew Sullivan (gasp!):
Of course, Chuck Schumer disappointed the hell out of me:
Granted, Chuck is just out there representing his State, but I'll never call him a statesman. He's pandering to the baseless fears of New Yorkers. We have prosecuted Terrorists in this country, and jailed them int his country. 9/11 is no different.
Let me say that again: 9/11 is no different.
We could handle it then, we can handle it now.
Instead of standing up to Terrorism, like we imagine we do, we've caved to it, and a lot of Senators (like Charles Schumer) have enabled that cave.
Khalid Sheik Mohammed and four co-defendants accused of planning the Sept. 11, 2001, attacks will be prosecuted in a military commission, a decision that reverses the Obama administration’s long-held goal of bringing the men to trial in federal court as part of its overall strategy of closing the military detention center at Guantanamo Bay, Cuba.
Attorney General Eric H. Holder Jr. announced the decision during an afternoon news conference. He blamed barriers thrown up by Congress for the administration’s abandonment of one of its signature goals.
Holder called Congress’s intervention “unwise and unwarranted” and said he continues to believe that the case could have been tried in federal court in Manhattan or, as an alternative he proposed, in upstate New York. He said the Obama administration would continue to work for repeal of the restrictions Congress imposed and would prosecute other terrorism cases in federal courts.
But he said he decided that prosecution should go ahead in a military tribunal because the restrictions were unlikely to be repealed any time soon and because the families of the nearly 3,000 people killed in the Sept. 11 attacks have already waited too long for justice, which he said is “long overdue.”
You thought I was talking something else, weren't you?
Reverses. Really?
The Post makes it sound like the Administration up and changed its mind. Steve Benen speaks about what really happened:
The Attorney General "changed his mind" after Congress "imposed a series of restrictions"? That's a bit like saying I changed my mind about getting up after I was tied to my chair.
Holder told reporters this afternoon that his original decision was still the right one, but blamed Congress for "tying our hands."
He happens to be right. Even today, Holder wants to do the right thing, and so does President Obama. And yet, Gitmo is open today, and KSM will be subjected to a military commission in the near future, not because of an administration that backed down in the face of far-right whining, but because congressional Republicans orchestrated a massive, choreographed freak-out, and scared the bejesus out of congressional Democrats. Together, they limited the White House's options to, in effect, not having any choice at all.
There's plenty of room for criticism of the administration, but those slamming Obama for "breaking his word" on this are blaming the wrong end of Pennsylvania Avenue.
And Andrew Sullivan (gasp!):
The decision to try KSM in a military tribunal is as sad as keeping Gitmo open. He has, of course, been hemmed in by an irrational, panicked Congress. Maybe a civil trial would be impossible because of the torture inflicted on KSM by the last administration.
Of course, Chuck Schumer disappointed the hell out of me:
Chuck Schumer, New York’s senior Democratic senator, expressed relief that the trial would not take place in his home state. He said the move to put the 9/11 plotter through a military commission at Guantanamo Bay will allow him to get the “ultimate penalty,” and he said the decision is the “final nail in the coffin” of the “wrong-headed idea” to try Mohammed in New York.
“I have always said that the perpetrators of this horrible crime should get the ultimate penalty, and I believe this proposal by the administration can make that happen,” Schumer said in a statement.
Granted, Chuck is just out there representing his State, but I'll never call him a statesman. He's pandering to the baseless fears of New Yorkers. We have prosecuted Terrorists in this country, and jailed them int his country. 9/11 is no different.
Let me say that again: 9/11 is no different.
We could handle it then, we can handle it now.
Instead of standing up to Terrorism, like we imagine we do, we've caved to it, and a lot of Senators (like Charles Schumer) have enabled that cave.
Labels:
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Democrats,
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Friday, March 4, 2011
The Story of the Citizens United Case, now with animation! (VIDEO)
I've never heard of "The Story of Stuff" before this, but...you can bet I'll be paying attention to them from now on. This was good stuff.
Thursday, February 24, 2011
Methinks John Nichols is just getting warmed up, and serious trouble may lay ahead for Scott Walker (AUDIO)
Because he's pissed off...and curious.
Yesterday, John Nichols of the Nation Magazine dropped a phone call to the Randi Rhodes show to talk about how Scott Walker may have committed a serious ethics violation in a State that has, in his words, the "toughest ethics Laws in the country":
Whoops.
Here's the opening bit from Mr. Nichols Nation piece that was mentioned:
You can find the rest here. (It's not behind a paywall, but don't be surprised if they ask you for your Email and zip code).
I've got to say, reading the piece, Nichols didn't write much more than was in the interview. Sometimes, you listen to a journalist on the TeeVee or the Radio, and hear about what they're working on, and you go in expecting a universe's worth of difference between what he or she wrote, and what they said...
...and there wasn't a universe's worth of difference.
That being said, one gets the distinct feeling that Mr. Nichols is just getting warmed up.
The original Faux David Koch call is here:
Yesterday, John Nichols of the Nation Magazine dropped a phone call to the Randi Rhodes show to talk about how Scott Walker may have committed a serious ethics violation in a State that has, in his words, the "toughest ethics Laws in the country":
Whoops.
Here's the opening bit from Mr. Nichols Nation piece that was mentioned:
When Wisconsin Governor Scott Walker discussed strategies to lay off state employees for political purposes, to coordinate supposedly “independent” political expenditures to aid legislatures who support his budget repair bill and to place agent provocateurs on the streets of Madison in order to disrupt peaceful demonstrations, he committed what the former attorney general of Wisconsin says could turn out to be serious ethics, election law and labor violations.
While much of the attention to the “prank” call that the governor took from a blogger who identified himself as billionaire David Koch [1] has focused on the bizarre, at times comic, character of the discussion between a blogger posing [2] as a powerful political player on the right and a governor whose budget repaid bill has sparked mass demonstrations in Wisconsin communities and a national outcry, the state’s former chief law-enforcement officer described the governor’s statements as “deeply troubling” and suggested that they would require inquiry and investigation by watchdog agencies.
“There clearly are potential ethics violations, and there are potential election-law violations and there are a lot of what look to me like labor-law violations,” said Peg Lautenschlager [3], a Democrat who served as Wisconsin’s attorney general after serving for many years as a US Attorney. “I think that the ethics violations are something the [state] Government Accountability Board should look into because they are considerable. He is on tape talking with someone who he thinks is the funder of an independent political action committee to purchase advertising to benefit Republican legislators who are nervous about taking votes on legislation he sees as critical to his political success.”
Lautenschlager, a former legislator who has known Walker for many years and who has worked with many of the unions involved in the current dispute, says: “One of the things I find most problematic in all of this is the governor’s casual talk about using outside troublemakers to stir up trouble on the streets, and the fact that he only dismissed the idea because it might cause a political problem for him.”
You can find the rest here. (It's not behind a paywall, but don't be surprised if they ask you for your Email and zip code).
I've got to say, reading the piece, Nichols didn't write much more than was in the interview. Sometimes, you listen to a journalist on the TeeVee or the Radio, and hear about what they're working on, and you go in expecting a universe's worth of difference between what he or she wrote, and what they said...
...and there wasn't a universe's worth of difference.
That being said, one gets the distinct feeling that Mr. Nichols is just getting warmed up.
The original Faux David Koch call is here:
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Election 2012,
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Law,
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Tuesday, February 22, 2011
Okay, now a D.C. Court has upheld HCR. You know what that means?
...absolutely nothing.
Still goin' to the Supreme Court, where Anthony Kennedy (and probably Anthony Kennedy alone will decide its fate).
Still the decision by Gladys Kessler was welcome news.
Still goin' to the Supreme Court, where Anthony Kennedy (and probably Anthony Kennedy alone will decide its fate).
Still the decision by Gladys Kessler was welcome news.
Labels:
Courts,
Health Care,
Law,
News,
U.S.,
Washington D.C.
Tuesday, February 1, 2011
The Affordable Care Act represents the last time Liberals will compromise on Health Care Reform
Conservatives...be damn careful what you wish for. Because this ruling, also makes unconstitutional one of your preferred fantasies.
Ummm, what other thing would you like the Government to make us all go out and buy?
Would it be Stocks and Bonds...with your Social Security money, a scheme known as Privatization?
If you can't stomach the idea of being made to buy Health Insurance, how can you then justify making us all go out and buy stocks and bocks with our Social Security Insurance?
And you do realize that the Affordable Care Act represents something else, don't you?
It's the last compromise.
Yeah, because if you trash this, if you make this law invalid, we Democrats will be left with only one choice when it comes to reforming Health Care...that'd would be something we love, and you hate called: Medicare for all.
Yeah, Single...payer.
Not the Public Option. Not Medicare at 55, Medicare...for...all.
Game on, fellas.
The next big and dangerous lie about Health Care Reform...
You watch it. What's going to happen is that the 26 Attorneys General who sued the Adminstration over Health Care Reform are going to seize upon Judge Vinson's ruling that the Law is unconstitutional, and start saying: "How dare the President enforce his unconstitutional law."
One problem.
Judge Vinson called the Law unconstitutional...sure.
He neglected...for some reason...to put a stay on it.
That's right, for all the hubbub and hoopla over this ruling, the Judge in the matter neglected stop it from being enforced. Mostly likely because he knew it wouldn't stand up in Court for more than a nanosecond.
Still, that won't stop a lot of Conservative douchebags and liars out there from proclaiming that the Law is unconstitutional. (Uhh, you've got two Judges saying it is, I got two Judges saying it is -- meet you at Anthony Kennedy's desk in a little over a year).
Once again, the Rhetoric around Health Care Repeal will escalate to dangerous proportions, because in their zeal to make their argument (which will be that the President is doing dangerous and unconstitutional things), we continue down the road that led to Congresswoman's shooting, only this time the the consequences might be far, far more tragic.
One problem.
Judge Vinson called the Law unconstitutional...sure.
He neglected...for some reason...to put a stay on it.
That's right, for all the hubbub and hoopla over this ruling, the Judge in the matter neglected stop it from being enforced. Mostly likely because he knew it wouldn't stand up in Court for more than a nanosecond.
Still, that won't stop a lot of Conservative douchebags and liars out there from proclaiming that the Law is unconstitutional. (Uhh, you've got two Judges saying it is, I got two Judges saying it is -- meet you at Anthony Kennedy's desk in a little over a year).
Once again, the Rhetoric around Health Care Repeal will escalate to dangerous proportions, because in their zeal to make their argument (which will be that the President is doing dangerous and unconstitutional things), we continue down the road that led to Congresswoman's shooting, only this time the the consequences might be far, far more tragic.
Labels:
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