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Administration keeps on losing in court

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  • #16
    Re: Administration keeps on losing in court

    Originally posted by HonorsDaddy View Post
    Are you talking about Ledbetter v. Goodyear?

    If you are, that basically comes down to Ledbetter not filing suit inside the legally prescribed time period. Simple as that. I honestly was shocked to see such a case make it to the appellate courts, let alone USSC.

    The rules were and are crystal clear. Ledbetter just didn't want them to apply to her. Tough shit.
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    That is HIGHLY doubtful.

    You realize not a single Republican voted for it, right? No, the ACA was not inevitable and no, a Republican President would not have written it.
    There are two people in this country who have signed individual mandates for health insurance into law, Barack Obama and Mitt Romney.
    The individual mandate originated in the Nixon Administration, it was put forward by Republicans as an alternative to HilaryCare in the 90's.

    The fact that no Republicans voted for it shows the discipline that is typical with political extremists.

    מה מכילות החדשות?


    • #17
      Re: Administration keeps on losing in court

      Originally posted by goober View Post
      The fact that no Republicans voted for it shows the discipline that is typical with political extremists.
      No Democrat voted for the Obama budget. Does this mean Democrats are extremists also?

      מה מכילות החדשות?


      • #18
        Re: Administration keeps on losing in court

        Originally posted by goober View Post
        T

        The fact that no Republicans voted for it shows the discipline that is typical with political extremists.
        Extremism is voting for laws of questionable constitutionality.

        מה מכילות החדשות?


        • #19
          Re: Administration keeps on losing in court

          Originally posted by JohnLocke View Post
          No Democrat voted for the Obama budget. Does this mean Democrats are extremists also?
          They are becoming that way. Although that was an example of a parliamentary tactic, not a serious policy position.

          מה מכילות החדשות?


          • #20
            Re: Administration keeps on losing in court

            Originally posted by goober View Post
            They are becoming that way. Although that was an example of a parliamentary tactic, not a serious policy position.
            Oh. How do you know the difference?

            מה מכילות החדשות?


            • #21
              Re: Administration keeps on losing in court

              Originally posted by adaher View Post
              Extremism is voting for laws of questionable constitutionality.
              Which 99% of them are... that is... constitutionally questionable.

              מה מכילות החדשות?


              • #22
                Re: Administration keeps on losing in court

                Originally posted by JohnLocke View Post
                Oh. How do you know the difference?
                The Democrats were not fundamentally opposed to the budget, there were issues, that would have forced votes that they avoided, the country goes on, nothing changes, it was just political manuevering.
                OTOH, when the GOP passed a law that forbids Medicare from asking for a discount from drug companies, and every Democrat opposed it, and every Republican voted for it and it was signed into law by Bush, that actually does have the effect of transferring billions of dollars from the public coffers to the bottom line of big pharma.

                מה מכילות החדשות?


                • #23
                  Re: Administration keeps on losing in court

                  Originally posted by goober View Post
                  They are becoming that way. Although that was an example of a parliamentary tactic, not a serious policy position.
                  The budget itself could be described as unserious and merely a way for the President to fulfill his legal obligation.

                  מה מכילות החדשות?


                  • #24
                    Re: Administration keeps on losing in court

                    Originally posted by goober View Post
                    The Democrats were not fundamentally opposed to the budget, there were issues, that would have forced votes that they avoided, the country goes on, nothing changes, it was just political manuevering.
                    So while every single one voted against it they were only opposed to issues they didnt want to vote on and that's a GOOD thing?
                    Originally posted by goober View Post
                    OTOH, when the GOP passed a law that forbids Medicare from asking for a discount from drug companies, and every Democrat opposed it, and every Republican voted for it and it was signed into law by Bush, that actually does have the effect of transferring billions of dollars from the public coffers to the bottom line of big pharma.
                    No, goober, that is not a transfer of public funding to a private company. Not even close.

                    מה מכילות החדשות?


                    • #25
                      Re: Administration keeps on losing in court

                      Originally posted by HonorsDaddy View Post
                      No, goober, that is not a transfer of public funding to a private company. Not even close.
                      "It is not the evidence but the seriousness of the charge."
                      Source: Anita Hill testifying before Congress in the nomination of Clarence Thomas to the Supreme Court.


                      What is interesting is goober does not have a problem with a transfer of private funding to the public/government supporters.

                      מה מכילות החדשות?


                      • #26
                        Re: Administration keeps on losing in court

                        Originally posted by adaher View Post
                        The law was clear: 180 days to sue. That was Congress' intent, that was the plain language of the law. T
                        Congressional intent was clearly to allow employees to sue for actual damages and to hold discriminating employers accountable. The right wing majority had to pretend they believed that each paycheck was a discrete act of discrimination in order to hand this boon to discriminating employers. Even though pretending so rendered Title 7 provisions meaningless by requiring employees to sue on the basis of secret employer decisions they most likely could not discover at the time they were made. If there is any doubt about the meaning of a particular clause, judicial restraint suggests that the meaning which matches the intent of congress be chosen. The right wing majority ignored precedent and the clearly stated intention of congress (to make victims of discrimination whole and eliminate employment discrimination) in order to find a meaning which thwarted that intent. It was a grotesquely activist and politically motivated decision.

                        מה מכילות החדשות?


                        • #27
                          Re: Administration keeps on losing in court

                          Originally posted by adaher View Post
                          If the left didn't want it, they wouldn't care if it got repealed.
                          I certainly wouldn't care. It's not the health care reform Obama campaigned on before he got the nomination.

                          מה מכילות החדשות?


                          • #28
                            Re: Administration keeps on losing in court

                            Originally posted by JohnLocke View Post
                            Remarkable. Republicans campaign against what you claim they would act for. By this logic, can we expect Obama and the Democrats to work to abolish abortion, civil rights, women's voting, Social Security, Medicare/Medicaid, Planned Parenthood OR is it only health care that this logic applies?
                            You cannot be serious. The legislation was written by the Left and excluded Republicans from the process.
                            That's pretty funny. No single payer. No public option. No abortion funding. No prescription meds form over the border. The doctors got their exemption from cuts in medicaid payments. The only republican demand missing from this bill is tort restriction. Everything the left wanted was either not discussed at all or cut out.

                            מה מכילות החדשות?


                            • #29
                              Re: Administration keeps on losing in court

                              Originally posted by timj219 View Post
                              Congressional intent was clearly to allow employees to sue for actual damages and to hold discriminating employers accountable. The right wing majority had to pretend they believed that each paycheck was a discrete act of discrimination in order to hand this boon to discriminating employers. Even though pretending so rendered Title 7 provisions meaningless by requiring employees to sue on the basis of secret employer decisions they most likely could not discover at the time they were made. If there is any doubt about the meaning of a particular clause, judicial restraint suggests that the meaning which matches the intent of congress be chosen. The right wing majority ignored precedent and the clearly stated intention of congress (to make victims of discrimination whole and eliminate employment discrimination) in order to find a meaning which thwarted that intent. It was a grotesquely activist and politically motivated decision.
                              That's a very broad way to look at law. Do you think criminal laws should be interpreted that way? As I said, the intent of Congress or state legislatures is to eliminate crime, but that does not mean statutes of limitations just go away. If Congress had intended for there to be no time limit, they wouldn't have put it in there.

                              - - - Updated - - -

                              Originally posted by timj219 View Post
                              That's pretty funny. No single payer. No public option. No abortion funding. No prescription meds form over the border. The doctors got their exemption from cuts in medicaid payments. The only republican demand missing from this bill is tort restriction. Everything the left wanted was either not discussed at all or cut out.
                              Democrats didn't support any of those things. Liberals did, but liberals have never in our history controlled majorities in both the House and Senate. The Blue Dogs are the balance of power, and this was their health care bill.

                              מה מכילות החדשות?


                              • #30
                                Re: Administration keeps on losing in court

                                Originally posted by adaher View Post
                                That's a very broad way to look at law. Do you think criminal laws should be interpreted that way? As I said, the intent of Congress or state legislatures is to eliminate crime, but that does not mean statutes of limitations just go away. If Congress had intended for there to be no time limit, they wouldn't have put it in there.

                                - - - Updated - - -



                                Democrats didn't support any of those things. Liberals did, but liberals have never in our history controlled majorities in both the House and Senate. The Blue Dogs are the balance of power, and this was their health care bill.
                                A staute of limitations is either there or not. Its existance is not subject to interpretations. The decision to pretend that each discriminatory paycheck was a discrete act of discrimination thus subjecting it to the limitation was the deception they practiced here. In order to make that pretence they had to ignore precedent and the clearly stated intent of congress.
                                Differentiating between republicans and blue dogs is a distinction without a difference. Except for purely partisan purposes like not voting for health care even though it has everything you want solely because it was written by a D instead of an R, they are about the same.

                                מה מכילות החדשות?

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