August 2011 archive

Cross posted from The Stars Hollow Gazette

This afternoon (Friday) the individual mandate of the Affordable Health Care Act has been found unconstitutional. A three panel court of the 11th Circuit Court of Appeals in Florida upheld a lower court ruling that had held the entire ACA to be unconstitutional. The ruling determined that individuals cannot be forced to purchase expensive private health care insurance from birth to death or face penalties. The court allowed the rest of the law to stand.

   – It is immaterial whether we perceive Congress to be regulating inactivity or a financial decision to forego insurance. Under any framing, the regulated conduct is defined by the absence of both commerce or even the “the production, distribution, and consumption of commodities”-the broad definition of economics in Raich… To connect this conduct to interstate commerce would require a “but-for causal chain” that the Supreme Court has rejected, as it would allow Congress to regulate anything.

   – In sum, the individual mandate is breathtaking in its expansive scope. It regulates those who have not entered the health care market at all. It regulates those who have entered the health care market, but have not entered the insurance market (and have no intention of doing so). It is over inclusive in when it regulates:it conflates those who presently consume health care with those who will not consume health care for many years into the future. The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life.

In June, the 6th Circuit in Ohio had ruled that the mandate was constitutional for Congress to mandate Americans buy health care insurance. As David Kurtz at TPM makes a couple of very important points:

• usually these suits are only ever get heard before a three judge panel but because of the legal significance of this case the entire court may decide to hear the case. Either way this will in all probability be fought out in the Supreme Court.

• Because of the conflicting rulings between legal authorities, it is more likely than not that the case will get decided by the Supreme Court

Florida et al v. Dept. Of Health & Human Services et al

Cross-posted to MyLeftWing and CandyBullets

“If you want to live in a state that is favorable to smoking marijuana and gay marriage – then move to California,” — Texas Governor Rick Perry.

Zombie Mondale has entered the race!

Cross posted from The Stars Hollow Gazette

Fresh off his prayer event, The Response, Gov. Rick Perry will announce his candidacy for the Republican Presidential nomination in South Carolina at the third annual RedState conference in Charleston. A lot of attention has been given to Perry’s connection to the event and Rachel Maddow in an extensive piece exposed the hate message that many of the so-called Christians were spreading as the crowds prayed and cheered.

One of the sponsors is a little known bizarre, evangelical group, the American Apostolic Reformation. Al Jazeera notes the AAR’s similarity to the Taliban. The group has been around awhile and was first noticed in the 2008 campaign when one of its most prominent practitioners, Kenyan witch-hunter Thomas Muthee, anointed Sarah Palin. AAR has bragged on line about destroying ancient Native American artifacts much like the Taliban did in Afghanistan with the destructions of the two colossal images of the Buddha in Bamiyan province in early 2001. The ultimate goal is to replace secular democracy, both in America and around the world, with a Christian theocracy, an ideology known as “dominionism”, striking similar to the Taliban and radical Islam. And this is the group that social conservative, religious zealot Rick Perry embraces.

In a long article, the Texas Observer describes them as “Rick Perry’s army of God”:

The new prophets and apostles believe Christians–certain Christians–are destined to not just take “dominion” over government, but stealthily climb to the commanding heights of what they term the “Seven Mountains” of society, including the media and the arts and entertainment world. They believe they’re intended to lord over it all. As a first step, they’re leading an “army of God” to commandeer civilian government.

On a lighter note, Stephen Colbert’s Super PAC,  Americans for a Better Tomorrow, Tomorrow, has produced its first two campaign ads in Iowa  targeting “Rick Parry”.

This is an extremely difficult piece to write, because the only living soul who understands it is Peter Townshend, and he still has a bit of difficulty articulating the concept in terms that we mere mortals can understand.  This is not in any way a criticism of Mr. Townshend, but more of a comment of my own poor understanding of his high goals.

In a nutshell, perhaps a cracked one, the concept for Lifehouse was sort of like A Brave New World, or 1984, in that society has been overtaken by a monied elite and thought suppression was the norm.  Does that sound timely?  I think that Townshend has presaged the ideas that the “modern” Republican Party is trying to impress on us all, but perhaps I give him too much credit.  I think not.

The concept that I finally came with was that individuality was suppressed, and group think was being imposed by the technocrats that ruled.  I ask for everyone’s thoughts on this, because it is so hard to decipher.

If you do not get Current TV you can watch Keith here: