Fogbow

Generally speaking - and I think someone else has already noted this - there is zero need for the presence of the client at appellate arguments. That's true with regard to both in-person and phone appearance. Appellate courts don't have a lot of authority to inquire about the facts of a situation; t...

I can't think of any possible basis for striking down that part of the law. There's absolutely none that comes to mind at all. but If SCOTUS ruled that the ACA with the fine was constitutional, and this Judge is ruling that the ACA WITHOUT the fine is unconstitutional, wouldn’t the logical thing to...

I can't think of any possible basis for striking down that part of the law. There's absolutely none that comes to mind at all.

My non-shipping clerk take is that the Republican removal of the mandate made it unconstitutional per this judge, but the law itself was okay with the mandate per SCOTUS. (Maybe the Republicans are playing a long game after all.) Which leads me to ask, “Why didn’t the judge simply strike down the p...

Given everything we know about the proceedings - that they involve the Grand Jury, that they're on appeal to the DC Circuit, that this is the second appeal, that things are being kept so tight that the normal rules about open courtrooms are so gone that they sealed a whole floor of the courthouse, I...

I haven't read the opinion, but I take it that if Congress was to reinstate the penalty "tax" (even if it was only a nominal amount) for not having health insurance, then the previous decision would control and we'd be back to the status quo. Is that right? That's my read. They could set it at a pe...

My only point was the ones I.know all hate Obamacare because they want to buy and/or pay off said Italian vehicles. I have little sympathy for them. And their belief that Obamacare was going to make them all poor may very well be ill founded. But they sure believe. No.offense to Dunford. None taken...

Foggy wrote: ↑

Fri Dec 14, 2018 7:24 pm

Jimmy Down the Hall FTW.

Nope. Mickey the Mook is on the list. (Which makes me sad, because I had Jimmy. But only because I thought it was the other poll when I picked.)

RoadScholar wrote: ↑

Fri Dec 14, 2018 9:38 pm

American doctors don’t buy their wives Lamborghinis.

American preachers do.

You dont know very many American doctors, obviously. Oh my. Somebody knows squat little about Mikedunford. :o It's not a sin - batguano has only been a member since October, and I don't think it's come up, so no reason to know, really. (And I apologize for the laughing emojis, should have just expl...

For anyone interested, physician salaries have actually been rising slightly post-ACA. https://www.forbes.com/sites/brucejapsen/2016/06/26/sorry-paul-ryan-obamacares-not-hurting-doctors-but-making-them-rich/#6d5e69683afa Which is about what one should expect, if one applies just a modicum of common...

For anyone interested, physician salaries have actually been rising slightly post-ACA. https://www.forbes.com/sites/brucejapsen/2016/06/26/sorry-paul-ryan-obamacares-not-hurting-doctors-but-making-them-rich/#6d5e69683afa Which is about what one should expect, if one applies just a modicum of common ...

Right. Because the Constitution requires all doctors be able to afford a Lamborghini It's got fuck-all to do with doctor incomes. I don't think the ACA has had much effect on those. Insurance executive compensation is a different matter. You dont know very many American doctors, obviously. :rotflma...

batguano wrote: ↑

Fri Dec 14, 2018 9:00 pm

Right. Because the Constitution requires all doctors be able to afford a Lamborghini

It's got fuck-all to do with doctor incomes. I don't think the ACA has had much effect on those. Insurance executive compensation is a different matter.

Ruling here: https://www.courtlistener.com/recap/gov.uscourts.txnd.299449/gov.uscourts.txnd.299449.211.0.pdf Best Twitter thread on the subject that I've seen so far: https://twitter.com/nicholas_bagley/status/1073743858876514304 Bagley is right regarding the inanity of ruling the whole act, includi...

Trump considers delaying border wall fight until January https://www.politico.com/story/2018/12/14/trump-border-wall-fight-delay-1064857 President Donald Trump is mulling the prospect of making a counter-offer to Democratic leaders that would prevent a partial government shutdown and kick the borde...

I'll get around to a fuller occasional update at some point. For now, I'm just going to park a link here.

https://www.elgaronline.com/abstract/jo ... .02.01.xml

(I'd strongly suggest NOT buying the article. Seriously, not worth the asking price.)

I don't know if was in this thread or elsewhere, but MikeD opined that he thought it highly unlikely that there was a true Russian/Trump conspiracy -- please correct me if I am mis-characterizing what you said Mike. (I should have posted then, but IIRC it was about the time I had just had my knee s...

He blocked me, and I'm not pseudonymous.

I think the case goes to NY. Moore claims that the contract was induced through fraud. Maybe it was. It seems very likely that there was at least some misrepresentation. Whether that misrepresentation was material enough to make the contract voidable is another question. The issue of the misrepresen...

So, should we expect more based on the AMI agreement? I'd like to see the National Enquirer required to publish an issue with a headline acknowledging that they engaged in election shenanigans for the benefit of Trump. They've attacked Democrats for decades without being overtly political about it....

Perhaps this is a tribute to his divisiveness, but I'm a lot more likely to put Brandeis on my "Best" list than my worst. And while I wouldn't put Scalia on my "best" list, I also probably wouldn't have him on my "worst" list. Taft probably doesn't rate a "best" list, but gets at least an honorable ...

Photoguy wrote: ↑

Wed Dec 12, 2018 11:56 am

'Q'= deepthroat for the rabble.

Wrong end of the alimentary canal.

I did a very cursory look earlier, and it seems that it's possible in California to award fees on the basis of a contractual fee shifting provision even if the contract is fine to be invalid.

I think Avenatti was well on the safe side of Rule 11 when he filed the case, but he's been drifting closer and closer to the line. Fighting the offer to dismiss with prejudice is probably justifiable on the grounds that it might create negotiating leverage to help his client avoid having to pay the...