Thursday, March 29, 2012

Re: SCOTUS Argument recap: A lift for the mandate?

Should be a most intersting ruling, as this is the most singularly balanced SCOTUS in decades.
 
For eg., the 2000 court that drop kicked Gore, was liberal (4-3-2), and the death blow was 9-ZIP
 

On Wednesday, March 28, 2012 3:57:17 PM UTC-4, Tommy News wrote:
Argument recap: A lift for the mandate?
Analysis

The Supreme Court spent 91 minutes Wednesday operating on the
assumption that it would strike down the key feature of the new health
care law, but may have convinced itself in the end not to do that
because of just how hard it would be to decide what to do after that.
A common reaction, across the bench, was that the Justices themselves
did not want the onerous task of going through the remainder of the
entire 2,700 pages of the law and deciding what to keep and what to
throw out, and most seemed to think that should be left to Congress.
They could not come together, however, on just what task they would
send across the street for the lawmakers to perform.  The net effect
may well have shored up support for the individual insurance mandate
itself.

The dilemma could be captured perfectly in two separate comments by
Justice Antonin Scalia — first, that it "just couldn't be right" that
all of the myriad provisions of the law unrelated to the mandate had
to fall with it, but, later, that if the Court were to strike out the
mandate, "then the statute's gone."  Much of the lively argument
focused on just what role the Court would more properly perform in
trying to sort out the consequences of nullifying the requirement that
virtually every American have health insurance by the year 2014.


The Wednesday morning argument offered the Court three mutually
exclusive options: strike down all of the Affordable Care Act along
with the mandate (the challengers' position), strike down only two
core changes in the way the health insurance system works (the
government position), and strike down nothing but the mandate (the
position of a Court-appointed lawyer).   Not one seemed to be
especially appealing to members of the Court, and each of the three
lawyers who came to the lectern faced tough and often skeptical
questioning, from across the bench.

Congress's capacity to react in a sensible way also came into some
question, particularly from Justice Scalia and, in a way, from Justice
Anthony M. Kennedy, both of whom seemed to harbor doubts that the
lawmakers would be up to the task of working out a new health care law
if this one failed, either totally or partially.  Scalia noted the
problems in the filibuster-prone Senate.  Kennedy wondered whether
expecting Congress to perform was a reference to "the real Congress or
the hypothetical Congress."

(NOTE TO READERS: Because of the need to return to the courtroom for
the second argument, on the constitutionality of the new law's
expansion of the Medicaid program for the poor, this post will be
expanded following that argument.  There will be a separate recap on
the Medicaid hearing.)

More:
http://www.scotusblog.com/2012/03/argument-recap-a-lift-for-the-mandate/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+scotusblog%2FpFXs+%28SCOTUSblog%29

--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy

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Together, we can change the world, one mind at a time.
Have a great day,
Tommy

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Hate Group Count Tops 1,000 as Radical Right Expansion Continues

SPLC Hate Group Count Tops 1,000 as Radical Right Expansion Continues
Posted in 'Patriot' Groups, Editor's Pick, Hate Groups, Nativist
Extremist by Mark Potok on February 23, 2011

Print This Post
Editor's Note: The Southern Poverty Law Center is today releasing its
annual count of groups on the American radical right and analysis.
What follows is the main essay from the new issue of the Intelligence
Report, the SPLC's investigative magazine. In the story, you'll find
links to our new hate group map and additional lists of antigovernment
"Patriot" groups and nativist vigilante organizations. The issue also
contains my editorial and stories on Cliff Kincaid, a homophobic
propagandist at the far-right Accuracy in Media group; the adoption of
an Oklahoma law forbidding the use of Shariah law; a racist group's
funding of two Mississippi private academies; a white supremacist's
new novel targeting the SPLC; the National Center for Constitutional
Studies and its extremist version of American history; candidates with
extreme-right ideas who ran in last year's elections; an interview
with a former "esoteric Nazi," and more. The new issue's table of
contents is here.

For the second year in a row, the radical right in America expanded
explosively in 2010, driven by resentment over the changing racial
demographics of the country, frustration over the government's
handling of the economy, and the mainstreaming of conspiracy theories
and other demonizing propaganda aimed at various minorities. For many
on the radical right, anger is focusing on President Obama, who is
seen as embodying everything that's wrong with the country.

Hate groups topped 1,000 for the first time since the Southern Poverty
Law Center began counting such groups in the 1980s. Anti-immigrant
vigilante groups, despite having some of the political wind taken out
of their sails by the adoption of hard-line anti-immigration laws
around the country, continued to rise slowly. But by far the most
dramatic growth came in the antigovernment "Patriot" movement ­—
conspiracy-minded organizations that see the federal government as
their primary enemy — which gained more than 300 new groups, a jump of
over 60%.

Taken together, these three strands of the radical right — the
hatemongers, the nativists and the antigovernment zealots — increased
from 1,753 groups in 2009 to 2,145 in 2010, a 22% rise. That followed
a 2008-2009 increase of 40%.

What may be most remarkable is that this growth of right-wing
extremism came even as politicians around the country, blown by gusts
from the Tea Parties and other conservative formations, tacked hard to
the right, co-opting many of the issues important to extremists. Last
April, for instance, Arizona Gov. Jan Brewer signed S.B. 1070, the
harshest anti-immigrant law in memory, setting off a tsunami of
proposals for similar laws across the country. Continuing growth of
the radical right could be curtailed as a result of this shift,
especially since Republicans, many of them highly conservative,
recaptured the U.S. House last fall.

But despite those historic Republican gains, the early signs suggest
that even as the more mainstream political right strengthens, the
radical right has remained highly energized. In an 11-day period this
January, a neo-Nazi was arrested headed for the Arizona border with a
dozen homemade grenades; a terrorist bomb attack on a Martin Luther
King Jr. Day parade in Spokane, Wash., was averted after police
dismantled a sophisticated anti-personnel weapon; and a man who
officials said had a long history of antigovernment activities was
arrested outside a packed mosque in Dearborn, Mich., and charged with
possessing explosives with unlawful intent. That's in addition, the
same month, to the shooting of U.S. Rep. Gabrielle Giffords in
Arizona, an attack that left six dead and may have had a political
dimension.

It's also clear that other kinds of radical activity are on the rise.
Since the murder last May 20 of two West Memphis, Ark., police
officers by two members of the so-called "sovereign citizens"
movement, police from around the country have contacted the Southern
Poverty Law Center (SPLC) to report what one detective in Kentucky
described as a "dramatic increase" in sovereign activity. Sovereign
citizens, who, like militias, are part of the larger Patriot movement,
believe that the federal government has no right to tax or regulate
them and, as a result, often come into conflict with police and tax
authorities. Another sign of their increased activity came early this
year, when the Treasury Department, in a report assessing what the IRS
faces in 2011, said its biggest challenge will be the "attacks and
threats against IRS employees and facilities [that] have risen
steadily in recent years."

Extremist ideas have not been limited to the radical right; already
this year, state legislators have offered up a raft of proposals
influenced by such ideas. In Arizona, the author of the S.B. 1070 law
— a man who just became Senate president on the basis of his harshly
nativist rhetoric — proposed a law this January that would allow his
state to refuse to obey any federal law or regulation it cared to. In
Virginia, a state legislator wants to pass a law aimed at creating an
alternative currency "in the event of the destruction of the Federal
Reserve System's currency" — a longstanding fear of right-wing
extremists. And in Montana, a state senator is working to pass a
statute called the "Sheriffs First Act" that would require federal law
enforcement to ask local sheriffs' permission to act in their counties
or face jail. All three laws are almost certainly unconstitutional,
legal experts say, and they all originate in ideas that first came
from ideologues of the radical right.

There also are new attempts by nativist forces to roll back birthright
citizenship, which makes all children born in the U.S. citizens. Such
laws have been introduced this year in Congress, and a coalition of
state legislators is promising to do the same in their states. And
then there's Oklahoma, where 70% of voters last November approved a
measure to forbid judges to consider Islamic law in the state's
courtrooms (see related story) — a completely groundless fear, but one
pushed nonetheless by Islamophobes. Since then, lawmakers have
promised to pass similar laws in Arizona, Florida, Louisiana, South
Carolina, Tennessee and Utah.

After the Giffords assassination attempt, a kind of national dialogue
began about the political vitriol that increasingly passes for
"mainstream" political debate. But it didn't seem to get very far.
Four days after the shooting, a campaign called the Civility Project —
a two-year effort led by an evangelical conservative tied to top
Republicans — said it was shutting down because of a lack of interest
and furious opposition. "The worst E-mails I received about the
Civility Project were from conservatives with just unbelievable
language about communists and some words I wouldn't use in this phone
call," director Mark DeMoss told The New York Times. "This political
divide has become so sharp that everything is black and white, and too
many conservatives can see no redeeming value in any" opponent.

A Washington Post/ABC News poll this January captured the atmosphere
well. It found that 82% of Americans saw their country's political
discourse as "negative." Even more remarkably, the poll determined
that 49% thought that negative tone could or already had encouraged
political violence.

Last year's rise in hate groups (see map) was the latest in a trend
stretching all the way back to the year 2000, when the SPLC counted
602 such groups. Since then, they have risen steadily, mainly on the
basis of exploiting the issue of undocumented immigration from Mexico
and Central America. Last year, the number of hate groups rose to
1,002 from 932, a 7.5% increase over the previous year and a 66% rise
since 2000.

At the same time, what the SPLC defines as "nativist extremist" groups
— organizations that go beyond mere advocacy of restrictive
immigration policy to actually confront or harass suspected immigrants
or their employers — rose slightly, despite the fact that most of
their key issues had been taken up by mainstream politicians (see
story and list). There were 319 such groups in 2010, up 3% from 309 in
2009.

But like the year before, it was the antigovernment Patriot groups
that grew most dramatically (see list), at least partly on the basis
of furious rhetoric from the right aimed at the nation's first black
president — a man who has come to represent to at least some Americans
ongoing changes in the racial makeup of the country. The Patriot
groups, which had risen and fallen once before during the militia
movement of the 1990s, first came roaring back in 2009, when they rose
244% to 512 from 149 a year earlier. In 2010, they rose again sharply,
adding 312 new groups to reach 824, a 61% increase. The highest prior
count of Patriot groups came in 1996, when the SPLC found 858.

It's hard to predict where this volatile situation will lead.
Conservatives last November made great gains and some of them are
championing a surprising number of the issues pushed by the radical
right — a fact that could help deflate some of the even more extreme
political forces. But those GOP electoral advances also left the
Congress divided and increasingly lined up against the Democratic
president, which is likely to paralyze the country on such key issues
as immigration reform.

What seems certain is that President Obama will continue to serve as a
lightning rod for many on the political right, a man who represents
both the federal government and the fact that the racial make-up of
the United States is changing, something that upsets a significant
number of white Americans. And that suggests that the polarized
politics of this country could get worse before they get better.

More:
http://www.splcenter.org/blog/2011/02/23/new-report-splc-hate-group-count-tops-1000-as-radical-right-expansion-continues/
--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy

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Together, we can change the world, one mind at a time.
Have a great day,
Tommy

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Re: When the Senate Was Great, and It Conspired against the People

Ah, Everett Dirksen, the very man who broke the Dem filibuster of the Civil Rights Amendment in 1964, and got it passed, with the generous thanks of LBJ, who had no such praise for his own party.
 
Golden age indeed.
 
Don't forget the 80's!  Tip O'Neill and Reagan, while POLAR political opposits, where life long friends, deeply respectful of one another, AND GOT THINGS DONE! 
 
(And yes, I know thats the House not the senate - Reagan had a GOP senate most of his tenure)

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Trayvon Martin Case Evokes Reaction from Extremists, White and Black

Trayvon Martin Case Evokes Reaction from Extremists, White and Black
Posted in Black Separatist, White Nationalism by Ryan Lenz on March 26, 2012


The killing of Trayvon Martin has aroused the passions of extremists
on both sides of the racial divide, with some blaming civil rights
leaders and the media for the controversy – and black separatist
leaders suggesting vigilante justice for the neighborhood watch
volunteer who shot the unarmed 17-year-old in Florida.

Joseph Farah at WorldNet Daily, the archconservative website that has
tirelessly attacked President Obama's citizenship, dismissed the
activism surrounding the African-American teen's killing as bald
opportunism. "[W]hen the race hustlers like Al Sharpton, Jesse Jackson
and race hustler-in-chief Barack Obama started exploiting, I began to
think we were being conned once again, by (the) vicious, biased,
America-hating, leftist-controlled press," Farah wrote on Sunday.

Farah went on to cite the case of a white teen set on fire by two
black teens last month in Kansas City. "This is a real hate crime,"
Farah said, "the kind you won't likely see reported on the national
media and the kind you won't likely hear race hustling politicians
like Sharpton, Jackson and Obama talking about."

White nationalist Kyle Rogers, a board member of the white nationalist
Council of Conservative Citizens, also attacked the media. "Almost all
of the news items about George Zimmerman and Trayvon contains [sic] a
combination of false statements, opinions presented as facts,
transparent distortions, and a complete absence of some of some of the
most relevant details," Rogers wrote on Saturday. "Is the media really
reporting the news, or is this classic agitation/propaganda to advance
a political agenda?"

Civil rights leaders also were criticized by Jesse Lee Peterson, a
black, anti-gay preacher who once thanked God for slavery. He said
their actions are not about justice. "It's about getting even with
whites and gaining political power," he wrote in a March 22 news
release. "This is black hatred of white people and a result of more
than fifty years of brainwashing by racist civil-rights leaders."

Meanwhile, Louis Farrakhan, head of the Nation of Islam, said in a
message to his followers on Twitter, "Where there is no justice, there
will be no peace. Soon the law of retaliation may very well be
applied."

Even more bluntly, New Black Panther Party leader Mikhail Muhammad
announced over the weekend he was starting a "Wanted: Dead or Alive"
campaign to bring justice for Trayvon. He offered a $10,000 bounty for
the capture of George Zimmerman, the Hispanic man who shot Martin,
according to the Orlando Sentinel.

When asked whether he was inciting violence," Muhammad replied, "An
eye for an eye, a tooth for a tooth."

The shooting in Sanford, Fla., occurred on Feb. 26 after Zimmerman
spotted Martin wearing a hooded sweatshirt returning from a store to
buy Skittles and iced tea. The Orlando Sentinel reported today that
authorities say witnesses have corroborated "much of" Zimmerman's
claim that he was left bloody and battered after Martin punched him
and slammed his head into the sidewalk.

More:
http://www.splcenter.org/blog/2012/03/26/trayvon-martin-case-evokes-reaction-from-extremists-white-and-black/
--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy

--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy

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Re: What’s going to happen during 3 days of SCOTUS arguments on health care?

No its not.  If I don't wanna drive, I don't have to buy car insurance. 
 
Please show me the same escape in OBambicare.

On Thursday, March 29, 2012 9:51:03 AM UTC-4, plainolamerican wrote:
but it does force you to buy auto insurance if you do drive.
tom's point is valid
Some states will allow you to post a bond instead of buying insurance

On Mar 29, 7:45 am, GregfromBoston <greg.vinc...@yahoo.com> wrote:
> The STATE government cannot force you to buy car insurance if you do not
> intend to drive a car.
>
> The comparison falls down right there.
>
>
>
>
>
>
>
> On Tuesday, March 27, 2012 2:34:05 PM UTC-4, Tommy News wrote:
> > If the government can force you to buy car insurance, and it does, why
> > can't it ask you to buy health insurance?
>
> > On Mar 25, 1:56 pm, THE ANNOINTED ONE <markmka...@gmail.com> wrote:
> > >  "If the
> > > government can force you to buy health insurance, why can't it force
> > > you to buy broccoli?"
>
> > > This is the crux of the matter.....
>
> > > On Mar 25, 12:30 pm, Tommy News <tommysn...@gmail.com> wrote:
>
> > > >http://www.washingtonpost.com/opinions/when-the-supreme-court-debates...
>
> > > > What's going to happen during 3 days of arguments on health care?
> > > > By Jeffrey Rosen,  PROFESSOR OF LAW Published: March 23
>
> > > > Starting Monday, the Supreme Court has scheduled six hours of oral
> > > > arguments over three days to consider the constitutionality of
> > > > health-care reform, the most time given to a case in more than 45
> > > > years. We're certainly in for a historic event — but it might be an
> > > > entertaining one, too.
>
> > > > Oral arguments are always theatrical: The lawyers stand only a few
> > > > feet from the justices, who loom above them on a curved bench, and
> > > > they are barraged with so many questions that they often have trouble
> > > > completing a sentence. The hearings are also an opportunity for the
> > > > traditionally secretive Supreme Court to cut loose. In fact, the
> > > > Roberts court is known as a "hot bench" — not a reference to the
> > > > unusual sexiness of the justices but to the fact that eight of the
> > > > nine are unusually chatty during oral arguments (Justice Clarence
> > > > Thomas hasn't uttered a word since 2006). Even though the justices
> > > > rarely change their minds during oral arguments if they already have
> > > > strong views about a case, the hearings can clarify their thinking,
> > > > offer some lively give and take, and occasionally lead to humor.
>
> > > > So, will the oral arguments over health-care reform produce some
> > > > laughs? Here's a preview of what might transpire when the commerce
> > > > clause becomes a punch line.
>
> > > > Justice Antonin Scalia
>
> > > > According to a 2010 study in the Communication Law Review, Scalia is
> > > > the funniest member of the court, based on how many laughs the various
> > > > justices have elicited in the courtroom. But his wit sometimes has a
> > > > sharp edge. In 1988, when a lawyer fumbled for the answer to a
> > > > question, Scalia exclaimed, "When you find it, say 'Bingo!' "
>
> > > > Expect some zingers from Scalia in the health-care argument, perhaps
> > > > focused on the not-so-side-splitting subject of whether Congress has
> > > > the authority to require people to buy health insurance as part of its
> > > > power to regulate interstate commerce. Imagine, for example, the
> > > > following exchange:
>
> > > > Solicitor General Donald Verrilli: "In 2005, Justice Scalia, you held
> > > > that Congress has the power to prevent California from authorizing
> > > > people to grow marijuana for their own use. Surely, the decision not
> > > > to buy health insurance has a far greater impact on the economy."
>
> > > > Justice Scalia: "Depends on what part of California you're from."
>
> > > > Justice Stephen Breyer
>
> > > > Breyer's jokes often follow a long question identifying the hardest
> > > > issue in the case. He cares about legislative history and may focus on
> > > > a striking irony in the health-care law briefs: During the debate over
> > > > the legislation in Congress, Republicans insisted that the mandate to
> > > > buy health insurance should be considered a tax, and Democrats
> > > > countered that it shouldn't. The moment President Obama signed the
> > > > bill, though, both sides rushed to court to claim the opposite:
> > > > Democrats now insist that the mandate is absolutely a tax (and
> > > > therefore authorized by the taxing clause of the Constitution), and
> > > > Republicans are equally confident that it's not.
>
> > > > This debate is also relevant to whether the court has the power to
> > > > hear the case in the first place. If the mandate is a tax, according
> > > > to a 1867 law, litigants may have to wait until it goes into effect in
> > > > 2014 to challenge it. If Breyer can get a laugh out of the "is it a
> > > > tax?" debate, he deserves to be promoted to funniest justice.
>
> > > > Chief Justice John Roberts
>
> > > > All eyes will be on Roberts to see whether he is inclined to interpret
> > > > the commerce clause of the Constitution as narrowly as he did in an
> > > > opinion that gave rise to one of his most memorable one-liners as an
> > > > appellate judge. In 2003, Roberts dissented from a ruling holding that
> > > > the federal government could use the Endangered Species Act to prevent
> > > > development on the habitat of the arroyo toad. He said the federal law
> > > > couldn't be applied to "a hapless toad that, for reasons of its own,
> > > > lives its entire life in California." Verrilli will try to convince
> > > > Roberts that the interstate economic effects of thousands of uninsured
> > > > sick people are far greater than those of the hapless toad, all the
> > > > while avoiding the word "toad."
>
> > > > As the crucial swing vote, Kennedy is most frequently flattered in
> > > > Supreme Court briefs. Some libertarians hope that he will strike down
> > > > the health-care mandate by invoking the same right to privacy that he
> > > > recognized when he reaffirmed Roe v. Wade in 1992. "At the heart of
> > > > liberty is the right to define one's own concept of existence, of
> > > > meaning, of the universe, and of the mystery of human life," Kennedy
> > > > wrote; Scalia later ridiculed this as the "sweet mystery of life"
> > > > passage. For Scalia and the other conservatives, Roe v. Wade is the
> > > > root of all constitutional evil. So if Paul Clement — who will argue
> > > > before the court for the health-care law's challengers — wants to
> > > > appeal to Kennedy without alienating the other conservatives, he may
> > > > try to murmur "sweet mystery" so quietly that only Kennedy can hear
> > > > it.
>
> > > > Justices Elena Kagan
> > > > and Sonia Sotomayor
> > > > These justices weren't yet on the court during the period covered by
> > > > the 2010 laughter study, but Kagan may have her eye on Scalia's
> > > > "funniest justice" title. She delivered the best one-liner of the
> > > > current Supreme Court term. Noting that the Federal Communications
> > > > Commission had interpreted its TV indecency policy to allow the
> > > > cursing in "Saving Private Ryan" and the nudity in "Schindler's List,"
> > > > she said: "It's like nobody can use dirty words or nudity except for
> > > > Steven Spielberg."
>
> > > > It will be hard to top the "Spielberg exception," but perhaps Kagan
> > > > can make something of the "Romney exception" — namely, the fact that
> > > > the same arguments about the economic effects of self-insurance that
> > > > Mitt Romney used to justify health-care reform in Massachusetts are
> > > > the ones that lawyers challenging the Affordable Care Act are
> > > > rejecting before the Supreme Court.
>
> > > > Sotomayor has made her mark in oral arguments and in recent separate
> > > > opinions by wondering aloud whether long-established Supreme Court
> > > > doctrines should be reexamined. During arguments in the Citizens
> > > > United case in 2009, she suggested looking again at the idea that
> > > > corporations are people. "There could be an argument made that that
> > > > was the court's error to start with," she said. In the health-care
> > > > argument, perhaps Sotomayor will press the government to explain why,
> > > > if corporations are people, they can't be forced to buy health
> > > > insurance, too.
>
> > > > Justices Ruth Bader
> > > > Ginsburg and Samuel Alito
>
> > > > Though not prone to punch lines, both are respected by lawyers for
> > > > asking the most technically difficult questions about a case.
> > > > Ginsburg, who once taught civil procedure, may be especially
> > > > interested in the complicated question of whether, if the court
> > > > strikes down the individual mandate, it should grant the government's
> > > > request to wait for future cases to decide whether other provisions
> > > > should be struck down as well.
>
> > > > Alito may be interested in the question of whether the expansion of
> > > > Medicaid unconstitutionally coerces the states by threatening them
> > > > with the loss of federal funds.
>
> > > > Justice Clarence Thomas
>
> > > > Thomas is considered the justice most likely to strike down
> > > > health-care reform. He alone among the current justices has signaled
> > > > willingness to overturn a landmark 1942 case in which the court
> > > > allowed Congress to regulate a farmer's cultivation of wheat in his
> > > > own back yard for his own use. Thomas also ranks as the least funny
> > > > justice, since he hasn't asked a question at an oral argument for the
> > > > past six years. (Still waters may run deep, but they don't run funny.)
> > > > Nevertheless, he has been known to speak when he cares passionately
> > > > about an issue, as he did in a 2002 argument about a Virginia law
> > > > banning cross-burning.
>
> > > > Lucky ticket-holders will be waiting eagerly to see whether Thomas can
> > > > restrain himself from leaning forward in his chair, pounding the bench
> > > > and exclaiming, as those challenging the law have asked: "If the
> > > > government can force you to
>
> ...
>
> read more »

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