More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.       Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading

Political Correctness Update: Regarding the Meaning of “Broad”

In the thread following my post regarding Bill Maher calling Sarah Palin a “dumb twat,” I was asked about where “broad” and “babe” fall on the spectrum of misogynistic insults. I replied..

“Babe” and “broad,”: unlike “twat” are almost always intended as a compliment. I would never use either of the first two in direct address of a woman until I was certain that she would take it the right way. In fact, compliments are determined by reasonable intent—some women are insulted, or claim to be, if you say they look nice. In sexual harassment law, it is indeed the object/victim/ accuser who gets to define the dispute (if she likes “broad,” there’s no complaint…if she doesn’t, you better apologize quickly.) That’s the law—that doesn’t mean that a comment reasonably intended as a compliment suddenly becomes uncivil because of a hairtrigger offense.”

This prompted indignant replies from several, reaching a crescendo that indicated that I was hopelessly archaic, and that “broad’ was now officially an insult, an offensive insult, and nothing but an insult. I gave up to the onslaught, and agreed that “broad” was, in fact, now an insult. Continue reading