September 30, 2014

More: The Judge in Pruitt Scolds the Obama Champions of the Judicial Branch
— Ace

Gabe pointed this out as noteworthy, and I think he's right.

In concluding his ruling, the judge in Pruitt takes time to note the "apocalyptic language" used by the dissent in Halbig (the DC circuit case in which the majority found similarly that the IRS had acted lawlessly).

He notes that a lot of these objections have little do with the actual law or the actual guidelines judges follow when interpreting Congress' law.

A lot of their objections just seem to be of the flavor, "Well if we let these monsters win, Obama's policy goals will be thwarted!"

The judge here chides them for assuming the posture of a political advocate, concerned not with the law but with "helping" certain people (and, coincidentally I'm sure, certain Presidents).

The court is aware that the stakes are higher in the case at bar than they might be in another case. The issue of consequences has been touched upon in the previous decisions discussed. Speaking of its decision to vacate the IRS Rule, the majority in Halbig stated "[w]e reach this conclusion, frankly, with reluctance." Other judges in similar litigation have cast the plaintiffs' argument in apocalyptic language. The first sentence of Judge Edwards' dissent in Halbig is as follows: "This case is about Appellants' not-so-veiled attempt to gut the Patient Protection and Affordable Care Act ('ACA')." Concurring in King, Judge Davis states that “[a]ppellants' approach would effectively destroy the statute . . . ." Further, "[w]hat [appellants] may not do is rely on our help to deny to millions of Americans desperately-needed health insurance. . . "

Of course, a proper legal decision is not a matter of the court "helping" one side or the other. A lawsuit challenging a federal regulation is a commonplace occurrence in this country, not an affront to judicial dignity. A higher-profile case results in greater scrutiny of the decision, which is understandable and appropriate. "[H]igh as those stakes are, the principle of legislative supremacy that guides us is higher still. . . This limited role serves democratic interests by ensuring that policy is made by elected, politically accountable representatives, not by appointed life-tenured judges."


This is a case of statutory interpretation. "The text is what it is, no matter which side benefits." Such a case (even if affirmed on the inevitable appeal) does not "gut" or "destroy" anything. On the contrary, the court is upholding the Act as written.

Congress is free to amend the ACA to provide for tax credits in both state and federal exchanges, if that is the legislative will. As the Act presently stands, "vague notions of a statute's 'basic purpose' are nonetheless inadequate to overcome the words of its text regarding the specific issue under consideration. It is a "core administrative-law principle that an agency may not rewrite clear statutory terms to suit its own sense of how the statute should operate."

...

"If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent."

(All internal citations omitted -- quoted language is from other cases, obviously, but I didn't feel like formatting all that crap.)

Oh and I meant to note this earlier, but forgot: Remember Jon Gruber, who declared that it was "absurd" that that Congress could possibly intend to withhold subsidies from states that didn't set up their own exchanges?

And then was found talking at conferences stating that that was in fact Congress' intent, and that it all made perfect sense?

He gets name-checked in a footnote:


And I have to correct something: A "circuit split" occurs when the circuit courts of appeals split.

I misinterpreted Gabe. We do not have a circuit split yet, as I think only one appeals court (the Fourth Circuit) has has ruled on this on the circuit level, the appeals level. And there, they claimed that the law could be stretched as Obama liked.

All of the other rulings are from the originating (trial) courts.

Gabe's point was that he doesn't expect the Supreme Court to wait for a bona-fide split, but will probably take an appeal earlier, given the importance of the cases.

That error was mine, not Gabe's.

Posted by: Ace at 09:17 AM | Comments (161)
Post contains 745 words, total size 5 kb.

1 DAMN YOU SCOTUSBLOG! DAMN YOU TO HEEEEELLLLL!!!

Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 09:19 AM (mf5HN)

2 GOOD NEWS: Ebola Outbreak In Nigeria Appears To Be Over. http://pjmedia.com/instapundit/195909/

Posted by: Non-Doom News at September 30, 2014 09:19 AM (ZPrif)

3 not first

Posted by: AltonJackson at September 30, 2014 09:19 AM (WRseu)

4

This is a case of statutory interpretation. "The text is what it is, no matter which side benefits." Such a case (even if affirmed on the inevitable appeal) does not "gut" or "destroy" anything. On the contrary, the court is upholding the Act as written.

 

Again, poetry.  Words have meaning and can't be magicked into meaning something else.

Posted by: Bandersnatch at September 30, 2014 09:20 AM (JtwS4)

5 but I didn't feel like formatting all that crap. Heh, and you're job is to write this site. We all format comments for free

Posted by: tsrblke, PhD(c) And father to be in 4 months! [/i] [/b] [/s] at September 30, 2014 09:20 AM (HDwDg)

6 "If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent."
___
Wait a minute here. I have the damn phone and the damn pen not Harry and that  weird orange Boner guy

Posted by: Barack Obama at September 30, 2014 09:21 AM (78TbK)

7 Note that nobody asks why the HHS can't just go back to Congress and ask the statute to be rewritten. They just assume the court has to do something to bend the law.

Posted by: spongeworthy at September 30, 2014 09:21 AM (Fc83c)

8 IRS had acted lawlessly Well, there's a new one....

Posted by: 98ZJUSMC Suntanning in Bizzaro World at September 30, 2014 09:21 AM (VBOIG)

9 Anyone that formats more that 41% of their posts is a piker.

Posted by: David Duke at September 30, 2014 09:23 AM (RQDhf)

10

  We all format comments for free

 

Except we can't do those legal citation squigglies. 

 

Or UMLAUTS!

 

 

Posted by: Umlaut Liberation Front at September 30, 2014 09:23 AM (JtwS4)

11 So there's at least one honest judge left.

Posted by: Adam at September 30, 2014 09:23 AM (HstNY)

12 So Ace stomped on himself?

Posted by: Dave in Fla (is just really, really tired of it all) at September 30, 2014 09:23 AM (hVc0f)

13 "If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent." ********** Tsk, tsk, tsk we cannot have those people doing--that.

Posted by: Senator Big Chief Elizabeth Warren--thanks you for not voting at September 30, 2014 09:23 AM (RJMhd)

14 >>This is a case of statutory interpretation. "The text is what it is, no matter which side benefits." Such a case (even if affirmed on the inevitable appeal) does not "gut" or "destroy" anything. On the contrary, the court is upholding the Act as written. We live in such a bizarre time that it is beyond refreshing to hear someone say something in plain, obvious language without trying to twist words into pretzels to justify the unjustifiable.

Posted by: JackStraw at September 30, 2014 09:24 AM (g1DWB)

15 You may have won this time, but we'll be back! We'll always be back!!!!!!

Posted by: Penumbras, Emanations and Public Policy Concerns at September 30, 2014 09:25 AM (vgIRn)

16 It's almost as if words mean something. Crazy talk, I know.


Leftists ideally would like just to pass an Enabling Act, and then do whatever they feel like thereafter. It must gall the hell out of them to be held to the letter of the law.

Posted by: Jay Guevara at September 30, 2014 09:25 AM (SLea8)

17 If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent. ---- STILL a tax. NEXT!!!

Posted by: John Roberts at September 30, 2014 09:25 AM (NaV4z)

18 Damned sock.

Posted by: Chupacabras at September 30, 2014 09:26 AM (RQDhf)

19 We live in such a bizarre time that it is beyond refreshing to hear someone say something in plain, obvious language without trying to twist words into pretzels to justify the unjustifiable. Isn't it, though? Curse the Chinese for their cursed "toast." #WASTF

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:26 AM (0HooB)

20 Good. Someone got it right. I now await the wailing and gnashing of teeth and the obligatory "the law is settled."

Posted by: Mallamutt, RINO President of the Sheena Easton Fan Club at September 30, 2014 09:26 AM (OWjjx)

21 Further, "[w]hat [appellants] may not do is rely on our help to deny to millions of Americans desperately-needed health insurance. . . " Please stop helping us...

Posted by: The Progs at September 30, 2014 09:26 AM (iQIUe)

22 He's basically saying, "You're destroying the the legitimacy and role of the judiciary to save a mere man."

Which means it will be ignored 'cause President First an' Historic.

See it as the guys saying, "Hey, uh, is it really a good idea to give Ceasar all this power?"

These leftists mean to ruin us and grind us under their heels. They keep saying it loudly and as clearly as possible.

And the elected GOP in Washington DC sit there fat and stupid--if they aren't actively aiding them.

Posted by: RoyalOil at September 30, 2014 09:27 AM (VjL9S)

23 Gabe's point was that he doesn't expect the Supreme Court to wait for a split, but will probably take an appeal earlier. *************** Shoot--what is Gabe's reasoning? Hope he is right.

Posted by: your friendly Danube River guide at September 30, 2014 09:27 AM (RJMhd)

24 Yeah, screw formatting.

Posted by: And, Ampers Esq. at September 30, 2014 09:27 AM (hHFOx)

25 Hey, we passed it. Why are you cynical bastards stirring up trouble by asking what's in it?

Posted by: Little Miss Spellcheck at September 30, 2014 09:28 AM (a5ljo)

26 I saw Flip-Flopping Hack Jon Gruber open for a bunch of bad "Die Hard" jokes at AoSHQ in 2014.

Posted by: Bandersnatch at September 30, 2014 09:29 AM (JtwS4)

27 Wait, Gabe? is this the turncoat Gabe that is writing at HA?



Ace, so you have no rules or contracts?



Posted by: Charlie Gibson at September 30, 2014 09:29 AM (0FSuD)

28 Off Gibson sock

Posted by: Nip Sip at September 30, 2014 09:30 AM (0FSuD)

29 I saw Flip-Flopping Hack Jon Gruber open for a bunch of bad "Die Hard" jokes at AoSHQ in 2014.

Posted by: Bandersnatch at September 30, 2014 02:29 PM (JtwS4)


My brother?  He was an asshole.



Posted by: Jazz Hans Gruber at September 30, 2014 09:31 AM (GQ8sn)

30

And the judge's statement about the role of administrative agencies and the law is correct.  administrative agencies have no more legal authority than the legisslature grants them.  That particular bit of jurisprudence goes back well over a hundred years (longer than a Voxsplainer can count!) and is unlikely to be overturned by the Supremes if it gets that far.*

 

*No, this is not a statement of surety.  There are no 100% guarantees in the law.

 

I now leave you to the regularly scheduled keening with Ace and the Inarticulate Sounds of Grief.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 09:31 AM (hLRSq)

31 The most important things you need to know about the ruling in Pruitt v. Burwell: 1. The issue was whether a state sexchange law is in compliance with ALPACA, and the District Judge clearly found that Oklahoma's sexchange law was in violation of ALPACA. 2. The State of Oklahoma will now have 10 days to pass legislation to permit taxpayer-funded sexchanges for its residents who are eligible for annual checkups or football physicals. 3. If the Oklahoma legislature does not do so within 10 days, President Obama will then have the authority to issue an executive order suspending habeas corpus and the Bernoulli Principle. 4. If the Pruitt v. Burwell case is appealed and is heard by the Supreme Court, it is almost certain that the Court will rely on Roe v. Wade and mandate the distribution of free penumbras to Medicaid recipients.

Posted by: Matt Yglesias, Voxsplainer at September 30, 2014 09:32 AM (UlJ3l)

32 Will I have to bend over on my own accord or will I be ass raped by the Supreme's forcibly?

Posted by: Thin veneer of civility at September 30, 2014 09:32 AM (XzRw1)

33 rekt

Posted by: brak at September 30, 2014 09:32 AM (Tj+s6)

34 That's not the only thing about which you have misinterpreted Gabe.

Posted by: Truman North, Moron Emeritus at September 30, 2014 09:32 AM (vpZd6)

35 No, Ace, in the age of Obama it is ok to throw Gabe under the bus.

Posted by: Mallamutt, RINO President of the Sheena Easton Fan Club at September 30, 2014 09:33 AM (OWjjx)

36 Will I have to bend over on my own accord or will I be ass raped by the Supreme's forcibly? Yes.

Posted by: rickb223[/s][/b][/I] at September 30, 2014 09:34 AM (VTeMs)

37

I  really don't think the SCOTUS will be wanting to hear this case until a couple of circuit courts rule on it.  If  a couple of circuit courts would agree with this OK ruling, the SCOTUS would be more than happy to  turn down another review.

Posted by: Soona at September 30, 2014 09:34 AM (DkhX8)

38 I accidentally dropped a Vox link here. I blame google. I know--layers. Next time I'll do a pre-flush.

Posted by: your friendly Danube River guide at September 30, 2014 09:34 AM (RJMhd)

39 "This limited role serves democratic interests by ensuring that policy is made by elected, politically accountable representatives, not by appointed life-tenured judges." He could well have added "or almost equally unaccountable agency bureaucrats."

Posted by: JEM at September 30, 2014 09:34 AM (o+SC1)

40 One adumbration, comin' up.

Posted by: Jay Guevara at September 30, 2014 09:35 AM (SLea8)

41 We live in such a bizarre time that it is beyond refreshing to hear someone say something in plain, obvious language without trying to twist words into pretzels to justify the unjustifiable.

Posted by: JackStraw at September 30, 2014 02:24 PM (g1DWB)

 

"If you can bear to hear the words you've spoken,

Twisted by knaves to make a trap for fools,"

 

 

It seems that we have always lived in those times where words got twisted.

 

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 09:35 AM (hLRSq)

42 So what? This is meaningless since the R's arent opposed to obamacare. Apparently some of you don't. If all the "law-makers" are okay with obamacare, then all that needs to be done is to simply amend the la, which is what the Republicans will gladly do after the elections. Then the Courts can't say shit about it.

Posted by: VoxSoothsayer at September 30, 2014 09:35 AM (vzJm/)

43 Mmmm.  Black on black action.

Posted by: flounder at September 30, 2014 09:36 AM (sDapq)

44 I like how they lawyer right up when trying to piggyback on the early Iraq resolutions but it's all loosey-goosey with the letter of the law other times.

It's like all the best parts of a banana republic. I tip my hat to these fine keepers of books and laws.

Posted by: Chupacabras at September 30, 2014 09:37 AM (q/kmn)

45 Leftists ideally would like just to pass an Enabling Act, and then do whatever they feel like thereafter. It must gall the hell out of them to be held to the letter of the law.
======
ACA _was_ their Enabling Act.

That explains why they've sacrificed everything on this alter--it must stand as is and EVERY ONE of their interpretations that effectively amend the law must stand. Because that is the enabling part.

They know this.

Which is why: "If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent." is deadly poison.

Notice how not one single leftist has ever said that is a viable solution?

Posted by: RoyalOil at September 30, 2014 09:37 AM (VjL9S)

46 The republicans will fix the law by granting subsidies through mama sugar. Fuckers.

Posted by: Truman North, Moron Emeritus at September 30, 2014 09:39 AM (vpZd6)

47 someday i'll learn the difference between all these levels of courts. It's just one judge, so I presume there is another layer up before scotus.

Posted by: buzzsaw90 at September 30, 2014 09:39 AM (SO2Q8)

48 It seems that we have always lived in those times where words got twisted. Willful misinterpretation has and will always be with us. Today's technology allows it to be amplified a bazillion-fold. And there's never a shortage of human-shaped nonpeople willing to twist the clear meaning of language to control others.

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:39 AM (0HooB)

49 Since these cases keep trying to determine what Max Bachus was thinking, why don't they call him as a witness?

Posted by: Jean at September 30, 2014 09:40 AM (3O720)

50 That explains why they've sacrificed everything on this alter--it must stand as is and EVERY ONE of their interpretations that effectively amend the law must stand. Because that is the enabling part.

They know this.

Which is why: "If Congress enacted into law something different from what it intended,
then it should amend the statute to conform to its intent." is deadly poison.

Notice how not one single leftist has ever said that is a viable solution?

Posted by: RoyalOil at September 30, 2014 02:37 PM (VjL9S)

 

 

-------------------------------------

 

 

Good point.  And I agree.  I wrote  in the last thread about this that Ocare was the dems/leftists attempt to finally destroy our Constitution.  I'll stand by that statement.

Posted by: Soona at September 30, 2014 09:41 AM (DkhX8)

51 Notice how not one single leftist has ever said that is a viable solution?

Posted by: RoyalOil at September 30, 2014 02:37 PM (VjL9S)

 

 

My WAG is that even the Left knows that it won't be able to get Congress to go anywhere near the ACA because it is too toxic.  How many careers have been sacrificed already on the altar of Obama's Legacy and how many more do you think will be willing to bend their necks to the sacrificial blade?

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 09:41 AM (hLRSq)

52 So do we become Deniers by following the letter of the law? Settled Science wants to know.

Posted by: Post Modern Realism at September 30, 2014 09:42 AM (oDCMR)

53 I liked this movie review. Someday we will have to have a big ass bowl of popcorn as this plays out further.

Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 09:44 AM (vPh3W)

54 52 So do we become Deniers by following the letter of the law? Settled Science wants to know. Posted by: Post Modern Realism at September 30, 2014 02:42 PM (oDCMR) Uh.. Si! you racist gringo bastartd!

Posted by: Dreamer.. who dreams of breaking the law with no consequence at September 30, 2014 09:44 AM (f0pWu)

55 I hope every last mofo who voted for this abomination gets Ebola.

Followed by a Death Panel.

Posted by: Tex Lovera at September 30, 2014 09:45 AM (wtvvX)

56 The Constitution is hereby changed to recognize the right of any former president to continue to have veto power over any law bearing his or her name. Word, baby.

Posted by: Emperor El-Barackabomba at September 30, 2014 09:45 AM (LISuA)

57 The letter of the law is racist! duh, see also squirrel, see also eleventy! Do I have to do everything around here for you wingnuts?

Posted by: Suppressed Flasher at September 30, 2014 09:46 AM (X+nFp)

58 Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 02:31 PM (hLRSq) Question. Do you have a pumpkin spice free line during this season of pumpkin spice?

Because boy howdy I hate that crap.

Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 09:46 AM (mf5HN)

59 So we are looking at a November crushing of Obama's hopes at the polls, a December with a wondrous white Christmas, a January with a 'Pub takeover of the Senate, and a February gutting of Obamacare by the SCOTUS, then March Madness.

Posted by: Jean at September 30, 2014 09:47 AM (3O720)

60 CNN is pretty fucking awesome, since no one asks me anything, ever.

Posted by: Jay Carney-Barker at September 30, 2014 09:47 AM (LISuA)

61 I liked this movie review.

Someday we will have to have a big ass bowl of popcorn as this plays out further.

Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 02:44 PM (vPh3W)


Have you seen the new poster and trailer for "Taken 3"?  It's been re-written as "TAK3N".



Guess what it's rated?



PG-1E.



Posted by: EC at September 30, 2014 09:47 AM (GQ8sn)

62 44 I like how they lawyer right up when trying to piggyback on the early Iraq resolutions but it's all loosey-goosey with the letter of the law other times. It's like all the best parts of a banana republic. I tip my hat to these fine keepers of books and laws. Posted by: Chupacabras at September 30, 2014 02:37 PM (q/kmn) Note... Obama suddenly found a New Terrorist group, made up of Al Q people in Syria... who were an immediate threat to the homeland... So he could bomb Syria... under the existing War on Terror act... That he is also bombing ISIS, is just collateral legal damage.

Posted by: Dreamer.. who dreams of breaking the law with no consequence at September 30, 2014 09:47 AM (f0pWu)

63 58 Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 02:31 PM (hLRSq) Question. Do you have a pumpkin spice free line during this season of pumpkin spice? Because boy howdy I hate that crap. ------------------------- Pumpkins are what yankees eat. Given the choice between pecans and sugar and mashed pumpkin, who in their right mind would chose a pumpkin? Pumpkins are for smashing.

Posted by: Post Modern Realism at September 30, 2014 09:48 AM (oDCMR)

64 Yes, Secretary Kerry has been in contact with our ambassador to Oklahoma and will report to the President what is going on in that country just as soon as we have more information for him.

Posted by: Marie Harf and that other chick at September 30, 2014 09:48 AM (LISuA)

65 Pumpkin Spice was the fat one, right?

Posted by: teh Wind at September 30, 2014 09:49 AM (B3WUC)

66 All I've learned from the podcast is that pumpkins are for white girls.

Posted by: Chupacabras at September 30, 2014 09:50 AM (W2YA6)

67 Posted by: Dreamer.. who dreams of breaking the law with no consequence at September 30, 2014 02:47 PM (f0pWu) Well hell Dreamer, run for President! Seems to be working for Barky so far.

Posted by: Suppressed Flasher at September 30, 2014 09:50 AM (X+nFp)

68 56 The Constitution is hereby changed to recognize the right of any former president to continue to have veto power over any law bearing his or her name. Word, baby. Posted by: Emperor El-Barackabomba at September 30, 2014 02:45 PM (LISuA) Note, the recent document drop on spying on Americans, uses for a legal pretext an Executive order signed by R. Reagan.... so by Executive Order... they deny the Privacy Rights of US Citizens... not even by Law... How.... interesting...

Posted by: Romeo13 at September 30, 2014 09:50 AM (f0pWu)

69 59 So we are looking at a November crushing of Obama's hopes at the polls, a December with a wondrous white Christmas, a January with a 'Pub takeover of the Senate, and a February gutting of Obamacare by the SCOTUS, then March Madness Did some one say "March Madness"?

Posted by: Emperor Barack The Magnificent at September 30, 2014 09:50 AM (LISuA)

70 Yes, Secretary Kerry has been in contact with our ambassador to Oklahoma and will report to the President what is going on in that country just as soon as we have more information for him.

Posted by: Marie Harf and that other chick at September 30, 2014 02:48 PM (LISuA)

 

 

---------------------------------------

 

 

Heh.  That almost sounds plausible.

Posted by: Soona at September 30, 2014 09:51 AM (DkhX8)

71

Google news has one blurb from Bloomberg News on this story.  Says almost nothing.  Yet we've had two posts and hundreds of comments.

 

You people are why I can't talk to anyone in Life.  Life People don't know shit.

Posted by: Bandersnatch at September 30, 2014 09:51 AM (JtwS4)

72 So we are looking at a November crushing of Obama's hopes at the polls, a December with a wondrous white Christmas, a January with a 'Pub takeover of the Senate, and a February gutting of Obamacare by the SCOTUS, then March Madness. I'ma gonna need a few more shots of Valu-Rite to see that. Not that I don't want to, mind you, it's just that my cynicism and overwhelming sense of impending doom overshadows everything else, having not seen anything good happen for an awfully long time now, personally or anywhere else. #WASTF

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:51 AM (0HooB)

73 69 59 So we are looking at a November crushing of Obama's hopes at the polls, a December with a wondrous white Christmas, a January with a 'Pub takeover of the Senate, and a February gutting of Obamacare by the SCOTUS, then March Madness Did some one say "March Madness"? Posted by: Emperor Barack The Magnificent at September 30, 2014 02:50 PM (LISuA) And an April that puts the Subsidies back... led by the 'Nicer Gentler' GOP... who then starts an amnesty push...

Posted by: Romeo13 at September 30, 2014 09:52 AM (f0pWu)

74 zzzzzzzzzzzzzzzzzzzzzzzzzzzz --Employer Mandate Fuse

Posted by: rickb223[/s][/b][/I] at September 30, 2014 09:52 AM (VTeMs)

75

>>>>Pumpkins are what yankees eat. Given the choice between pecans and sugar and mashed pumpkin, who in their right mind would chose a pumpkin?

 

I would. Its a custard pie.

Posted by: Bigby's Palmar Rash at September 30, 2014 09:52 AM (3ZtZW)

76

Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 02:46 PM (mf5HN)

 

An emergency shipment of fudge is being rushed to the USB port - hang on and all will be well.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 09:52 AM (hLRSq)

77 9 Anyone that formats more that 41% of their posts is a piker. Ace may be an ewok, powerless over Pixy, a wordy wordsmith at times, a valu-rite abuser and Gabe's defender to name a few, but he's no piker.

Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 09:53 AM (vPh3W)

78 An emergency shipment of fudge is being rushed to the USB port - hang on and all will be well. Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 02:52 PM (hLRSq) You may have an extra non-smallpox'd blanket for your pallet in alextopia.

Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 09:53 AM (mf5HN)

79 You people are why I can't talk to anyone in Life. Life People don't know shit.

Posted by: Bandersnatch at September 30, 2014 02:51 PM (JtwS4)



Same here.



The amount of political info on this blog is amazing.  It's not just the headline stuff that you can glance over at Drudge for, but the depth of analysis.  Bloggers just dig deeper into a story than any MFM outfit.


Posted by: EC at September 30, 2014 09:53 AM (GQ8sn)

80 Posted by: EC at September 30, 2014 02:47 PM (GQ8sn) *golf clap*

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:53 AM (0HooB)

81 Isn't the employer mandate "supposed to" kick in after the midterms?

Posted by: Bigby's Palmar Rash at September 30, 2014 09:53 AM (3ZtZW)

82 This is a big f*ckin deal!

Posted by: Joe Biden at September 30, 2014 09:54 AM (WGm5T)

83 Who is this fabulous judge? Can we nominate him to run for the presidency in 2016? I for one would vote for him. Ace, as fa as I can tell, the judge who just gutted and destroyed Obama's entire legacy is not even named anywhere in two lengthy posts here on the topic. WE NEED HIS NAME SO WE CAN WORSHIP HIM!

Posted by: zombie at September 30, 2014 09:54 AM (/UYSJ)

84

Posted by: Soona at September 30, 2014 02:51 PM (DkhX

 

Especially if you read it in a Valley Girl accent.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 09:54 AM (hLRSq)

85 The amount of political info on this blog is amazing. It's not just the headline stuff that you can glance over at Drudge for, but the depth of analysis. Don't forget about the hobos and Kaboom. Especially the Kaboom.

Posted by: Suppressed Flasher at September 30, 2014 09:55 AM (X+nFp)

86 Same here. The amount of political info on this blog is amazing. It's not just the headline stuff that you can glance over at Drudge for, but the depth of analysis. Bloggers just dig deeper into a story than any MFM outfit. Posted by: EC at September 30, 2014 02:53 PM (GQ8sn) Plus boobehs.

Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 09:56 AM (mf5HN)

87 You may have an extra non-smallpox'd blanket for your pallet in alextopia. My Queen, please do not even try to sample the so-called Pumpkin Pie Spice-flavored coffee creamer. I immediately poured that back into the horse.

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:56 AM (0HooB)

88 Piers Morgan has been named editor at large for American affairs by the Daily Mail. So, we can't get rid of the ahole. Once they get a taste of the weather and the $$$$ they never will leave.

Posted by: The Progs at September 30, 2014 09:57 AM (iQIUe)

89 Don't forget about the hobos and Kaboom.

Especially the Kaboom.

Posted by: Suppressed Flasher at September 30, 2014 02:55 PM (X+nFp)


Yeah, that too.  It can't be 105% on the politics reactor all the time.  It's possible, but not recommended.


Posted by: EC at September 30, 2014 09:57 AM (GQ8sn)

90 Plus finding out all the strange and apparently exciting new places Floridians like to stick their dicks.

Posted by: Lurking Canuck at September 30, 2014 09:57 AM (BrQrN)

91 I'll fix it.

Posted by: Justice Roberts at September 30, 2014 09:57 AM (oFCZn)

92 And an April that puts the Subsidies back... led by the 'Nicer Gentler' GOP... who then starts an amnesty push... Posted by: Romeo13 at September 30, 2014 02:52 PM (f0pWu) [/] Its all a matter of intent. For example some might describe "Acts of Love" as "getting screwed"

Posted by: Jeb Bush, Scion at September 30, 2014 09:57 AM (LISuA)

93 Plus boobehs.

Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 02:56 PM (mf5HN)



How could I forget?



Posted by: EC at September 30, 2014 09:57 AM (GQ8sn)

Posted by: Jeb Bush, Scion at September 30, 2014 09:58 AM (LISuA)

95 shiiiiiiite. embarrelled again.

Posted by: Jeb Bush, Scion at September 30, 2014 09:58 AM (LISuA)

96 Ok AtC, you're our resident legalizer. How do YOU see all this playing out with the Supremes? Are we all just wish casting or will they dump it?

Posted by: Suppressed Flasher at September 30, 2014 09:59 AM (X+nFp)

97 I try to talk politics with my family, but I come off sounding like a scold.  I stopped doing it for the sake of my marriage.

Posted by: EC at September 30, 2014 09:59 AM (GQ8sn)

98 95 shiiiiiiite. embarrelled again. Posted by: Jeb Bush, Scion at September 30, 2014 02:58 PM (LISuA) From your lips... to Gods Ear....

Posted by: Romeo13 at September 30, 2014 10:00 AM (f0pWu)

99 Don't forget about the hobos and Kaboom.

Especially the Kaboom.

Posted by: Suppressed Flasher at September 30, 2014 02:55 PM (X+nFp)

 

 

-------------------------------------

 

 

And boobehs.  And Thai tranny lore.

Posted by: Soona at September 30, 2014 10:00 AM (DkhX8)

100 Ace may be an ewok, powerless over Pixy, a wordy wordsmith at times, a valu-rite abuser and Gabe's defender to name a few, but he's no piker. --- perhaps a halberdist?

Posted by: buzzsaw90 at September 30, 2014 10:01 AM (SO2Q8)

101 Plus finding out all the strange and apparently exciting new places Floridianslike tostick their dicks. West of the Rocky Mountains, all the nuts roll into Callieforneea. East of the Rockies, they all roll down here. I, personally, welcome my Three-Boobehed Overlords.

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 10:01 AM (0HooB)

102 And boobehs. And Thai tranny lore.

Posted by: Soona at September 30, 2014 03:00 PM (DkhX



And the penguin lore.

Posted by: Jukin at September 30, 2014 10:02 AM (WGm5T)

103 Judges are supposed to be the appointed guardians of progress, elite shock troops of the long march through the institutions. That long march has done much to change America from its hate-filled racist roots of slavery, colonialism, and economic injustice. But there is so much further to go! How can we do this with judges that are hate-filled pieces of RethugliKKKan shit?

Posted by: Mary Cloggenstein from Brattleboro, VT at September 30, 2014 10:02 AM (iqpjH)

104 @73 - coupled by a full-throated appeal to the Free Shit Army by the administration and its media enablers, we'll have the Walmart EBT crowd marching in the streets. The GOP would, on their own (which really means 'with a big push from the pharma/healthcare lobby') give Obama his subsidies in exchange for some face-saving rearrangement of the program's deck chairs, but I'm betting that President Ego would not buy into that unless he saw absolutely no alternative, and we know the GOP pees their pants the first time someone yells 'RAYCISS!' You can bet there will also be lots of sub-rosa carrot-and-stick crap going on, but if there's five Supremes that can read, this administration will go the full Hugo Chavez to try to save Obamacare.

Posted by: JEM at September 30, 2014 10:02 AM (o+SC1)

105 I can't wait to hear Joe Biden's take on the Pruitt v. Burwell decision. It might even rise to the level of a "Big Fucking Deal".

Posted by: MTF at September 30, 2014 10:02 AM (LISuA)

106 And the penguin lore. And Japanese tentacle pr0n.

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 10:03 AM (0HooB)

107 And the penguin lore. --- It's more myth. Lore would require survivors.

Posted by: buzzsaw90 at September 30, 2014 10:03 AM (SO2Q8)

108 And the penguin lore.

And Japanese tentacle pr0n.

Posted by: BackwardsBoy, who did not vote for this shit at September 30, 2014 03:03 PM (0HooB)



And don't forget the

Posted by: EC at September 30, 2014 10:04 AM (GQ8sn)

109 @93 - Don't forget the elbows. Please don't forget the elbows.

Posted by: JEM at September 30, 2014 10:05 AM (o+SC1)

110 Posted by: Mary Cloggenstein from Brattleboro, VT at September 30, 2014 03:02 PM (iqpjH) The problem with Mary's satire is if you listen to what the douchebags really believe, it's not satire at all. Not only do they believe in this crap they openly cheer for it.

Posted by: Suppressed Flasher at September 30, 2014 10:05 AM (X+nFp)

111 And don't forget the Posted by: EC at September 30, 2014 03:04 PM (GQ8sn) ---- So sorry, couldn't have you saying that...

Posted by: The Penguins at September 30, 2014 10:05 AM (SO2Q8)

112 And don't forget the Posted by: EC at September 30, 2014 03:04 PM (GQ8sn) I see what you did there

Posted by: MTF at September 30, 2014 10:05 AM (LISuA)

113

Posted by: Mary Cloggenstein from Brattleboro, VT at September 30, 2014 03:02 PM (iqpjH)

 

Now, now - language!  You know that saying words like the "R" word can upset hippy-dippies and make the red diaper babies cry.  Use proper profanity if you are going to speak like a Progressive should.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 10:05 AM (hLRSq)

114 And the penguin lore.

Posted by: Jukin at September 30, 2014 03:02 PM (WGm5T)

 

 

----------------------------------------

 

 

Yes.  The penguins.  I've been warning as many people as I can about this threat.  And, as expected, they look at me like I'm fucking crazy.  But  they'll  learn.  And soon.

Posted by: Soona at September 30, 2014 10:06 AM (DkhX8)

115 Was EC taken by the penguins just as he was typing?

Posted by: MTF at September 30, 2014 10:06 AM (LISuA)

Posted by: Bandersnatch at September 30, 2014 10:06 AM (JtwS4)

117 Fredocare must be the mostly poorly written "Law" of all time

Posted by: Nevergiveup at September 30, 2014 10:07 AM (M0mf2)

118 I saw The Penguins and Japanese Tentacle Porn open for Ace and the Inarticulate Sounds of Grief at Day on the Green in '82.

Posted by: Blanco Basura at September 30, 2014 10:07 AM (YEelc)

119

Was EC taken by the penguins just as he was typing?

 

Set himself on fire again.

Posted by: Bandersnatch at September 30, 2014 10:07 AM (JtwS4)

120
prediction time: f'ing roberts will be on our side this time but that other dude he pissed off will got the other way.  5-4 we lose again.

and this should hit the SCOTUS when?  Jan 20 2017?

Posted by: Guy Mohawk at September 30, 2014 10:08 AM (mgE2f)

121 @116 - Needs a bagpipe.

Posted by: JEM at September 30, 2014 10:08 AM (o+SC1)

122 Will the court please note that I shall hold my breath until I turn blue, thus demonstrating the validity of my claim.

Posted by: fluffy at September 30, 2014 10:08 AM (Ua6T/)

123 F*cking right-wing nut-job activist judges. Probably a Reagan appointee.

Posted by: chiefjaybob at September 30, 2014 10:09 AM (syWCj)

124 They are the Autumn People.

Posted by: toby928(C) at September 30, 2014 10:09 AM (rwI+c)

125 Set himself on fire again.

He really needs to quit the alcohol baths.  Save it for drinking.

Posted by: Blanco Basura at September 30, 2014 10:10 AM (YEelc)

126 Will the court please note that I shall hold my breath until I turn blue, thus demonstrating the validity of my claim. That you are fluffy smurf?

Posted by: rickb223[/s][/b][/I] at September 30, 2014 10:10 AM (VTeMs)

127 Set himself on fire again.

He really needs to quit the alcohol baths. Save it for drinking.

Posted by: Blanco Basura at September 30, 2014 03:10 PM (YEelc)



Fuck that ice bucket challenge bullshit.



Step up to the Greek Fire challenge!!!



Posted by: EC at September 30, 2014 10:11 AM (GQ8sn)

128 You gotta luv lawyer snark, especially when it appears to be on the right side for once.

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 10:11 AM (0HooB)

129
Hous dat deth panl feel?

Posted by: the eet mor chiken cows at September 30, 2014 10:11 AM (mgE2f)

130 "perhaps a halberdist?"

Halberdier.  That's the kind of incompetent mistake a crossbow advocate would make.

Posted by: richard mcenroe at September 30, 2014 10:12 AM (XO6WW)

131 That you are fluffy smurf?
Will that make me a person of color?

Posted by: fluffy at September 30, 2014 10:12 AM (Ua6T/)

132 Ace, as fa as I can tell, the judge who just gutted and destroyed Obama's entire legacy is not even named anywhere in two lengthy posts here on the topic. WE NEED HIS NAME SO WE CAN WORSHIP HIM! _____________________________ The judge's name is: Ronald A. White

Posted by: TrivialPursuer at September 30, 2014 10:13 AM (HvsPx)

133 Fuck that ice bucket challenge bullshit. Step up to the Greek Fire challenge!!! This. Is. Sparta!

Posted by: rickb223[/s][/b][/I] at September 30, 2014 10:13 AM (VTeMs)

134 That you are fluffy smurf? Will that make me a person of color? Run with that!

Posted by: rickb223[/s][/b][/I] at September 30, 2014 10:14 AM (VTeMs)

135

>>>They are the Autumn People.

 

heh

Posted by: Bigby's Palmar Rash at September 30, 2014 10:14 AM (3ZtZW)

136 The judge's name is: Ronald A. White

Posted by: TrivialPursuer at September 30, 2014 03:13 PM (HvsPx)



They call him "Tater Salad".



Posted by: EC at September 30, 2014 10:15 AM (GQ8sn)

137 I'm looking for the right occasion and medium to say something meaningful

Posted by: NDT at September 30, 2014 10:15 AM (R5UOB)

138 The judge's name is: Ronald A. White Ron White. Fucking priceless.

Posted by: rickb223[/s][/b][/I] at September 30, 2014 10:15 AM (VTeMs)

139 "Ronald Allen White is a United States federal judge. Born in Sapulpa, Oklahoma, White received a B.A. from the University of Oklahoma in 1983 and a J.D. from the University of Oklahoma College of Law in 1986." (per Wiki) White was appointed to the federal bench by George W. Bush.

Posted by: TrivialPursuer at September 30, 2014 10:16 AM (HvsPx)

140 Wait...did Ace have a fist fight over Purple Smurfs?

Posted by: your friendly Danube River guide at September 30, 2014 10:16 AM (RJMhd)

141 >>> Run with that! Blue meanies! http://www.youtube.com/watch?v=G2uCNd1AVJo Bonus: http://www.youtube.com/watch?v=FHC4NYnjhnc

Posted by: fluffy at September 30, 2014 10:17 AM (Ua6T/)

142 Halberdier. That's the kind of incompetent mistake a crossbow advocate would make. Posted by: richard mcenroe at September 30, 2014 03:12 PM (XO6WW) ---- You offend my honor {{{slaps face with glove}}}} and I demand satisfaction! Tomorrow at dawn Bill-Guisarmes at ten paces. My thirds will contact your seconds. You aren't worthy of the notice of seconds baseborn cur.

Posted by: buzsaw90 at September 30, 2014 10:18 AM (SO2Q8)

143 Fuck that ice bucket challenge bullshit.

Step up to the Greek Fire challenge!!!


I like your pitch.

Posted by: Blanco Basura at September 30, 2014 10:18 AM (YEelc)

144 White was appointed to the federal bench by George W. Bush.

Posted by: TrivialPursuer at September 30, 2014 03:16 PM (HvsPx)

 

I guess this time when Obama blames Bush he will actually have a point.

 

I did not see that one coming.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 10:19 AM (hLRSq)

145 I hereby nominate Judge Ron White for the Irony Thermite Award. The burning is intense.

Posted by: rickb223[/s][/b][/I] at September 30, 2014 10:20 AM (VTeMs)

146 I know so little about this particular subject that I could pass for an elite liberal. Time to move on to a new thread.

Posted by: jwest at September 30, 2014 10:20 AM (u2a4R)

147 OT, but keep seeing the trailers for that new Bad Judge show on who-gives-a-shit Wednesdays where she just kind of throws around whatever punishment she wants for real or made up crimes while banging all the dudes in the courtroom.

At least, I think that's what it's about.

Having said that, it's not just me thinking that there's a large portion of the country that wants a Judge Mommy punishing all those slight annoyances the special snowflakes feel, is it?

Posted by: Chupacabras at September 30, 2014 10:20 AM (W2YA6)

148 Can blame a white and Bush, he's going to be beside himself.

Posted by: Chupacabras at September 30, 2014 10:21 AM (W2YA6)

149 O/T - Anyone see the clip of (Sherlock)Benedict Cumberbatch's narration of a nature show? Dude pronounces penguin as "pengwing". Over and over again.

He'd better watch out, I hear penguins have a short fuse and do not take kindly to being dissed like that.

Posted by: Lizzy at September 30, 2014 10:21 AM (D/504)

150 Penguins are the George Washington of the animal kingdom.

So many dicks.

Posted by: Chupacabras at September 30, 2014 10:22 AM (W2YA6)

151 Ron *White* strikes down key regulation of Obama's signature accomplishment?  I am pretty sure that is racist. 

I am sure my friends at the IRS will be interested to know what this fellow is up to.

Posted by: Eric Holder at September 30, 2014 10:23 AM (sDapq)

152 He'd better watch out, I hear penguins have a short fuse and do not take kindly to being dissed like that. And they use the perfect murder weapon. Icicles.

Posted by: rickb223[/s][/b][/I] at September 30, 2014 10:23 AM (VTeMs)

153 Can blame a white and Bush, he's going to be beside himself. Posted by: Chupacabras at September 30, 2014 03:21 PM (W2YA6) If Judge White were Jewish, you'd be looking at a liberal's trifecta

Posted by: Nevergiveup at September 30, 2014 10:24 AM (M0mf2)

154 Is this the legal equivalent of inserting Science(TM) into science via the Neil DeGrasse Tyson Technique? IOW, some courts of dubious intent inserting Justice(TM) into justice? They're not practicing law anymore because they are violating the strict rules of interpretation and application. They are legislating from the bench in violation of the restrictions imposed upon them by the original design of our legal infrastructure.

Posted by: AnonymousDrivel at September 30, 2014 10:24 AM (1CroS)

155 nood

Posted by: AltonJackson at September 30, 2014 10:24 AM (WRseu)

156 7 Note that nobody asks why the HHS can't just go back to Congress and ask the statute to be rewritten. They just assume the court has to do something to bend the law. Posted by: spongeworthy at September 30, 2014 02:21 PM (Fc83c) They didn't write it the first time. Lobbyists did. Then they didn't read it. Now you want them to fix it? Besides, when the court rules, it's as if God has spoken. Triple stamp, no erasies, touch blue make it true.

Posted by: Tattoo De Plane at September 30, 2014 10:24 AM (Y92Nd)

157 I'm just waiting for the "No Standing" shoe to drop. It seems any time behemoth legislation is imposed upon us, eventually it is determined that no one has standing to challenge the Leviathan. Law and its new shackles just "happen"... like an inevitable adventure through Peruvia.

Posted by: AnonymousDrivel at September 30, 2014 10:29 AM (1CroS)

158 108 And the penguin lore. And Japanese tentacle pr0n. Posted by: BackwardsBoy, who did not vote for this shit at September 30, 2014 03:03 PM (0HooB) And don't forget the Posted by: EC at Septem 12" pianist

Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 10:32 AM (vPh3W)

159 Crap, can the NFL get any worse? They released a statement saying the ref made the wrong call as Chief's player Hussein Abdullah knelt in muslim prayer. The ref made the right call. I for one do not want to see muslims doing muslim things, and I do not apologize for my intolerance. Muslims do evil, namely mutilate girls. Islam today is a cancer upon this world ; just as evil as Leftism.

Posted by: Soothsayer of The Righteous And Harmonious Fists (-389 days left until climate chaos) at September 30, 2014 10:33 AM (vzJm/)

160 I misinterpreted Gabe. We do not have a circuit split yet, as I think only one appeals court (the Fourth Circuit) has has ruled on this on the circuit level, the appeals level. And there, they claimed that the law could be stretched as Obama liked. _______________________ We HAD a circuit split on the subsidy issue (between the 4th Circuit and the D.C. Circuit), for a very short time, but then the full D.C. Circuit vacated the decision (against the subsidies) that had been decided by a 3-judge panel in the Halbig case, so that they could re-hear and re-decide the case en banc (because the full D.C. Circuit Court of Appeals has been filled with a bunch of leftist political hacks, courtesy of the slimy Harry Reid).

Posted by: TrivialPursuer at September 30, 2014 10:41 AM (HvsPx)

161 Rich: 1. Gruber: footnote 24 Was pissed about losing insurance, found Gruber video. Let's call it even.

Posted by: Rich w at September 30, 2014 05:55 PM (DVqLO)

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