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Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
I'm more thinking of the Republican states where ACA was partially implemented, and the Republicans would, if they prevail in these cases, be directly taking health insurance away from people.

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Magres
Jul 14, 2011

Discendo Vox posted:

I don't understand the political endgame here. In those states the Republicans would immediately be blamed for taking away people's health insurance.

They wouldn't get blamed. Literally how this would play out is "Those drat Democrats wrote a faulty law!" and their base would eat it the gently caress up.

evilweasel
Aug 24, 2002

It's one thing to not give people health insurance. People who would have gotten medicare didn't get insurance, then get it yanked away. There are a LOT of people in red states that now have insurance that would get taken away, and they'll be much madder and much more vocal about that anger if you take it away from them.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

evilweasel posted:

It's one thing to not give people health insurance. People who would have gotten medicare didn't get insurance, then get it yanked away. There are a LOT of people in red states that now have insurance that would get taken away, and they'll be much madder and much more vocal about that anger if you take it away from them.

It almost doesn't matter what the Republicans do or don't do in those states, because the 2010 census gerrymander was comprehensive. The earliest what Republican candidates do will significantly matter to their election chances is 2022 and there's a good chance the fix will still be in even then.

The Tea Party wing is not really in a position to campaign against R candidates on a wave of anger about losing healthcare, so all it can reasonably result in is depressed turnout.

Unzip and Attack
Mar 3, 2008

USPOL May

evilweasel posted:

There are a LOT of people in red states that now have insurance that would get taken away, and they'll be much madder and much more vocal about that anger if you take it away from them.

Required reminder that as of 2010, a majority of Republicans in Louisiana blame the Hurricane Katrina response on Barack Obama.

Kiwi Ghost Chips
Feb 19, 2011

Start using the best desktop environment now!
Choose KDE!

UberJew posted:

It almost doesn't matter what the Republicans do or don't do in those states, because the 2010 census gerrymander was comprehensive. The earliest what Republican candidates do will significantly matter to their election chances is 2022 and there's a good chance the fix will still be in even then.

That ignores the parts of the federal government currently Democrat-controlled (the same parts Republicans are already having a hard time fighting for in 2014 and 2016).

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Kiwi Ghost Chips posted:

That ignores the parts of the federal government currently Democrat-controlled (the same parts Republicans are already having a hard time fighting for in 2014 and 2016).

Of course, you can't gerrymander senate or presidential elections.

The Republicans who are gung ho about destroying Obamacare don't give a poo poo about those elections, though.

Kiwi Ghost Chips
Feb 19, 2011

Start using the best desktop environment now!
Choose KDE!

UberJew posted:

Of course, you can't gerrymander senate or presidential elections.

The Republicans who are gung ho about destroying Obamacare don't give a poo poo about those elections, though.

They had better be if they actually want to destroy the ACA rather than continue looking like idiots.

Stultus Maximus
Dec 21, 2009

USPOL May

UberJew posted:

Of course, you can't gerrymander senate or presidential elections.

The Republicans who are gung ho about destroying Obamacare don't give a poo poo about those elections, though.

The Constitution gerrymandered the Senate.

Beamed
Nov 26, 2010

Then you have a responsibility that no man has ever faced. You have your fear which could become reality, and you have Godzilla, which is reality.


Unzip and Attack posted:

Required reminder that as of 2010, a majority of Republicans in Louisiana blame the Hurricane Katrina response on Barack Obama.

This isn't remotely true though?

Kugyou no Tenshi
Nov 8, 2005

We can't keep the crowd waiting, can we?

evilweasel posted:

It's one thing to not give people health insurance. People who would have gotten medicare didn't get insurance, then get it yanked away. There are a LOT of people in red states that now have insurance that would get taken away, and they'll be much madder and much more vocal about that anger if you take it away from them.

I don't know what Republicans you've been talking to that aren't going to immediately spin this as "the ACA is a failure; see, your insurance premiums went way up just like we predicted". I know the standard talking point among conservatives here is already "What happened to the 'Affordable' Care Act? I have to pay twice my previous premium now!", regardless of the fact that they either just went from a plan that didn't actually cover anything to one that does, or that their employer just decided to change them all to ridiculously expensive plans that are over the percentage-of-income threshold and thus qualify them for the federal exchange.

Also, I wasn't talking about the Medicaid expansion in terms of "taking away insurance" or whatever; I was pointing out that state Republicans are running on the concept of blocking the ACA, and managing to spin the negative repercussions as failures of the law rather than consequences of their actions - which will be no different in this case. I don't think anyone who's not already blaming the GOP for the insurance situation here is going to suddenly decide that now the GOP is acting against their interests.

Beamed posted:

This isn't remotely true though?

You're right, it was only a third of them.

Magres
Jul 14, 2011

Beamed posted:

This isn't remotely true though?

http://thinkprogress.org/politics/2013/08/21/2503281/louisiana-republicans-blame-president-obama-katrina-response/

Unzip is wrong, it's a plurality, not a majority.

Regardless, the idea that the Republican base will ever ground any decision in reason or reality is an utter pipe dream.


E: I'm wrong and bad, it's 29% blame Obama, 28% blame Bush, 44% aren't sure who to blame. I should have read this instead of just googling and slam copypasting in my hurry to get back to work.

Magres fucked around with this message at 22:08 on Jul 7, 2014

Beamed
Nov 26, 2010

Then you have a responsibility that no man has ever faced. You have your fear which could become reality, and you have Godzilla, which is reality.


Magres posted:

http://thinkprogress.org/politics/2013/08/21/2503281/louisiana-republicans-blame-president-obama-katrina-response/

Unzip is wrong, it's a plurality, not a majority.

Regardless, the idea that the Republican base will ever ground any decision in reason or reality is an utter pipe dream.

I'm familiar with the poll, but calling it a plurality at 29% is misleading at best.

Magres
Jul 14, 2011
Oh nurr I should have read my link better, and I haven't read that poll in a while. Sorry, I'm at work and was posting in a hurry. A more accurate phrasing would be a majority of decided respondents. Wasn't trying to be misleading, was just careless.


Now that I've actually read it, how the gently caress did Brown criticism Obama for responding "so quickly" to Sandy? Like seriously? "gently caress YOU FOR DOING YOUR JOB QUICKLY AND EFFECTIVELY OBAMA"

Magres fucked around with this message at 22:09 on Jul 7, 2014

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Beamed posted:

I'm familiar with the poll, but calling it a plurality at 29% is misleading at best.
A plurality is the largest single choice among a group of options when you can only pick one. A majority is always a plurality, but when there is no majority you can have an arbitrarily small plurality depending on how split the "vote" is. This is one major problem with plurality-based voting systems.

In this case, the plurality is actually for "unsure who was more responsible", at 44%. You could say that unsure + Obama represent a 44+29=73% majority, since both opinions are similarly ludicrous. You could also say that, among those who aren't unsure, Obama is a majority (29-obama, 28-bush).

mortal
Oct 12, 2012
I wish that poll included an extra significant digit, because there's no way I can quote those figures to people without them pointing out those numbers add up to over 100. Nevermind that any statistically significant group answering Obama is ridiculous.

BRAKE FOR MOOSE
Jun 6, 2001

mortal posted:

I wish that poll included an extra significant digit, because there's no way I can quote those figures to people without them pointing out those numbers add up to over 100. Nevermind that any statistically significant group answering Obama is ridiculous.

I'm afraid that the sort of person who gets hung up on basic concepts like that is not the sort of person you are going to be swinging with data.

computer parts
Nov 18, 2010

PLEASE CLAP

UberJew posted:

It almost doesn't matter what the Republicans do or don't do in those states, because the 2010 census gerrymander was comprehensive. The earliest what Republican candidates do will significantly matter to their election chances is 2022 and there's a good chance the fix will still be in even then.

The Tea Party wing is not really in a position to campaign against R candidates on a wave of anger about losing healthcare, so all it can reasonably result in is depressed turnout.

Gerrymanders lose effectiveness over time as people migrate.

ComradeCosmobot
Dec 4, 2004

USPOL July

Beamed posted:

This isn't remotely true though?

Indeed. The closest is 29% from last year via PPP.

idonotlikepeas
May 29, 2010

This reasoning is possible for forums user idonotlikepeas!
The most charitable interpretation here is that most of that 44% knew drat well the right answer was Bush, didn't want to write down something bad about him, but knew they couldn't blame it on Obama. The "not sure" option gives them an easy out that avoids having to confront the issue.

Grapplejack
Nov 27, 2007

evilweasel posted:

It's one thing to not give people health insurance. People who would have gotten medicare didn't get insurance, then get it yanked away. There are a LOT of people in red states that now have insurance that would get taken away, and they'll be much madder and much more vocal about that anger if you take it away from them.

This is the next step of Obama's plan, people! We, the Republican Party, have been trying to warn you for years! Obama has enacted part two, where he LITERALLY STEALS YOUR MONEY WITH OBAMACARE! Vote Romney 2016

Killer robot
Sep 6, 2010

I was having the most wonderful dream. I think you were in it!
Pillbug

computer parts posted:

Gerrymanders lose effectiveness over time as people migrate.

More than that, gerrymandering makes it easier to lose districts when popular opinion shifts. It's not a magic win button, it's a trick that turns two winning districts and two losing districts into three narrow wins and one big loss.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Killer robot posted:

More than that, gerrymandering makes it easier to lose districts when popular opinion shifts. It's not a magic win button, it's a trick that turns two winning districts and two losing districts into three narrow wins and one big loss.

It's nonetheless sufficient to hold until, as mentioned, migration and a new census change the calculus, which will occur at the earliest with the first post-census election in 2022.

Some sort of black swan event could shift public opinion dramatically enough to overcome it, but 2012 already saw a solid R victory despite losing the popular vote by several percentage points. Anything capable of making the margin +10 or whatever would be necessary to change things before the census is entirely unpredictable.

itsgotmetoo
Oct 5, 2006

by zen death robot

Killer robot posted:

More than that, gerrymandering makes it easier to lose districts when popular opinion shifts. It's not a magic win button, it's a trick that turns two winning districts and two losing districts into three narrow wins and one big loss.

I don't think gerrymandering is done this way in practice except in places where it makes strategic sense. With a critical density of sympathetic voters, you can gerrymander 3 easily winning districts and one easily losing district out of 4 otherwise competitive districts just fine.

itsgotmetoo fucked around with this message at 23:38 on Jul 7, 2014

computer parts
Nov 18, 2010

PLEASE CLAP

UberJew posted:

It's nonetheless sufficient to hold until, as mentioned, migration and a new census change the calculus, which will occur at the earliest with the first post-census election in 2022.

No, you're missing the point. Migration in the intermittent 10 years (of which we are already through 4 of them) makes the gerrymandered districts not as strong as they were when they were drawn.

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Killer robot posted:

More than that, gerrymandering makes it easier to lose districts when popular opinion shifts. It's not a magic win button, it's a trick that turns two winning districts and two losing districts into three narrow wins and one big loss.
That's one method of gerrymandering. Another is incumbent gerrymandering, where 4 competitive districts are turned into 2 giant republican wins and 2 giant democratic wins. The end result of that is the only thing that matters is primary elections, meaning you get nothing but super conservative republicans and super liberal democrats who can't ever agree on anything except approving the next incumbent gerrymander.

That's basically the death spiral California was in for 3 decades until a recent initiative.

Stultus Maximus
Dec 21, 2009

USPOL May

ShadowHawk posted:

That's one method of gerrymandering. Another is incumbent gerrymandering, where 4 competitive districts are turned into 2 giant republican wins and 2 giant democratic wins. The end result of that is the only thing that matters is primary elections, meaning you get nothing but super conservative republicans and super liberal democrats who can't ever agree on anything except approving the next incumbent gerrymander.

That's basically the death spiral California was in for 3 decades until a recent initiative.

Tell me more about these super liberal democrats.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Stultus Maximus posted:

Tell me more about these super liberal democrats.
Yeah that pretty much never happens since there's never the pressure from the left that there is from the right

computer parts
Nov 18, 2010

PLEASE CLAP

Stultus Maximus posted:

Tell me more about these super liberal democrats.

Replace super liberal democrats with "black democrats" and that's how it works in many southern states.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Stultus Maximus posted:

Tell me more about these super liberal democrats.

To be fair in CA what happened was the Rs flew right for thirty years until the entire party died on the state level while the Ds only slowly shuffled right.

evilweasel
Aug 24, 2002

UberJew posted:

It almost doesn't matter what the Republicans do or don't do in those states, because the 2010 census gerrymander was comprehensive. The earliest what Republican candidates do will significantly matter to their election chances is 2022 and there's a good chance the fix will still be in even then.

The Tea Party wing is not really in a position to campaign against R candidates on a wave of anger about losing healthcare, so all it can reasonably result in is depressed turnout.

Running an exchange is a purely state-level thing. It doesn't matter how badly the House is gerrymandered: the anger will be on the local politicians. In some states those are gerrymandered as well - but not as well, and the governorship isn't either.

evilweasel
Aug 24, 2002

itsgotmetoo posted:

I don't think gerrymandering is done this way in practice except in places where it makes strategic sense. With a critical density of sympathetic voters, you can gerrymander 3 easily winning districts and one easily losing district out of 4 otherwise competitive districts just fine.

It happens when you've got bigger states and are trying to get like 10 out of 13 seats.

Kugyou no Tenshi
Nov 8, 2005

We can't keep the crowd waiting, can we?

evilweasel posted:

Running an exchange is a purely state-level thing. It doesn't matter how badly the House is gerrymandered: the anger will be on the local politicians. In some states those are gerrymandered as well - but not as well, and the governorship isn't either.

But the states that elk be impacted by this case, if successful, don't have state-level exchanges in the first place. You're banking on large numbers of people even knowing, let alone caring, that other states have exchanges that are still getting subsidies.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
The thing is that the states with functioning exchanges are going to be so much better off...The Republicans must be counting on being in a position to dismantle the rest of the ACA.

Nessus
Dec 22, 2003

After a Speaker vote, you may be entitled to a valuable coupon or voucher!



Discendo Vox posted:

The thing is that the states with functioning exchanges are going to be so much better off...The Republicans must be counting on being in a position to dismantle the rest of the ACA.
Yeah, are there any other challenges to it wending their way through the system?

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

Nessus posted:

Yeah, are there any other challenges to it wending their way through the system?

hahahaha-

Sorry. According to this document, current as of the first of this month, there are 87 current pending challenges to the ACA.



Except not really. According to that document there are 87 current pending cases challenging the birth control coverage benefit alone. These don't appear to include actions by state legislatures, either.

Discendo Vox fucked around with this message at 04:59 on Jul 8, 2014

PyRosflam
Aug 11, 2007
The good, The bad, Im the one with the gun.
Subsidies may flow through federal exchanges: The IRS issued a rule that allows premium assistance tax credits to be available in federal exchanges although the law only specified that they would be available “through an Exchange established by the State under Section 1311.” (May 23, 2012)



The court case could easily end by saying that the federal government is setting up exchanges on behalf of the states. Many states simply asked the fed to do it for them. Thus satisfying the requirement in the ACA. I could see a special case where the state said no way in hell, and the fed did it anyway. But this is about as silly as the AERO case. They are looking to make a small part of the text into a loophole by saying the state did not want it so you need to take the payments back.

Forever_Peace
May 7, 2007

Shoe do do do do do do do
Shoe do do do do do do yeah
Shoe do do do do do do do
Shoe do do do do do do yeah
The ACLU (among other groups) has withdrawn it's support for the Employee Non-Discrimination Act that passed the Senate last summer.

ACLU posted:

The provision in the current version of the Employment Non-Discrimination Act (ENDA) that allows religious organizations to discriminate based on sexual orientation and gender identity has long been a source of significant concern to us. Given the types of workplace discrimination we see increasingly against LGBT people, together with the calls for greater permission to discriminate on religious grounds that followed immediately upon the Supreme Court’s decision last week in Burwell v. Hobby Lobby, it has become clear that the inclusion of this provision is no longer tenable. It would prevent ENDA from providing protections that LGBT people desperately need and would make very bad law with potential further negative effects. Therefore, we are announcing our withdrawal of support for the current version of ENDA.
...
ENDA’s discriminatory provision, unprecedented in federal laws prohibiting employment discrimination, could provide religiously affiliated organizations – including hospitals, nursing homes and universities – a blank check to engage in workplace discrimination against LGBT people. The provision essentially says that anti-LGBT discrimination is different – more acceptable and legitimate – than discrimination against individuals based on their race or sex. If ENDA were to pass and be signed into law with this provision, the most important federal law for the LGBT community in American history would leave too many jobs, and too many LGBT workers, without protection. Moreover, it actually might lessen non-discrimination protections now provided for LGBT people by Title VII of the Civil Rights Act of 1964 and very likely would generate confusion rather than clarity in federal law. Finally, such a discrimination provision in federal law likely would invite states and municipalities to follow the unequal federal lead. All of this is unacceptable.

The Supreme Court’s decision in Hobby Lobby has made it all the more important that we not accept this inappropriate provision. Because opponents of LGBT equality are already misreading that decision as having broadly endorsed rights to discriminate against others, we cannot accept a bill that sanctions discrimination and declares that discrimination against LGBT people is more acceptable than other kinds of discrimination.

Our ask is a simple one: Do not give religiously affiliated employers a license to discriminate against LGBT people when they have no such right to discriminate based on race, sex, national origin, age, disability, or genetic information. Religiously affiliated organizations are allowed to make hiring decisions based on their religion, but nothing in federal law authorizes discrimination by those organizations based on any other protected characteristic, and the rule should be the same for sexual orientation and gender identity or expression. Religious organizations are free to choose their ministers or faith leaders, and adding protections for sexual orientation and gender identity or expression will not change that.

size1one
Jun 24, 2008

I don't want a nation just for me, I want a nation for everyone
http://www.motherjones.com/mojo/2014/07/hobby-lobbys-other-problem

motherjones posted:

Here's one more reason to worry about the Supreme Court's Hobby Lobby decision, which allowed the arts and crafts chain to block insurance coverage of contraception for female employees because of the owners' religious objections: It could screw up corporate law.

This gets complicated, but bear with us. Basically, what you need to know is that if you and some friends start a company that makes a lot of money, you'll be rich, but if it incurs a lot of debt and fails, you won't be left to pay its bills. The Supreme Court affirmed this arrangement in a 2001 case, Cedric Kushner Promotions vs. Don King:

linguistically speaking, the employee and the corporation are different “persons,” even where the employee is the corporation’s sole owner. After all, incorporation’s basic purpose is to create a distinct legal entity, with legal rights, obligations, powers, and privileges different from those of the natural individuals who created it, who own it, or whom it employs.

That separation is what legal and business scholars call the "corporate veil," and it's fundamental to the entire operation. Now, thanks to the Hobby Lobby case, it's in question. By letting Hobby Lobby's owners assert their personal religious rights over an entire corporation, the Supreme Court has poked a major hole in the veil. In other words, if a company is not truly separate from its owners, the owners could be made responsible for its debts and other burdens.

"If religious shareholders can do it, why can’t creditors and government regulators pierce the corporate veil in the other direction?" Burt Neuborne, a law professor at New York University, asked in an email.


That's a question raised by 44 other law professors, who filed a friends-of-the-court brief that implored the Court to reject Hobby Lobby's argument and hold the veil in place. Here's what they argued:

Allowing a corporation, through either shareholder vote or board resolution, to take on and assert the religious beliefs of its shareholders in order to avoid having to comply with a generally-applicable law with a secular purpose is fundamentally at odds with the entire concept of incorporation. Creating such an unprecedented and idiosyncratic tear in the corporate veil would also carry with it unintended consequences, many of which are not easily foreseen.

In his opinion for Hobby Lobby, Justice Samuel Alito's insisted the decision should be narrowly applied to the peculiarities of the case. But as my colleague Pat Caldwell writes, the logic of the argument is likely to invite a tide of new lawsuits, all with their own unintended consequences.

It would be a great irony (and justice) that if by asserting your personal rights through a corporation that you give up the protections corporations provide. Of course, SCOTUS would never take away those protections.

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Name Change
Oct 9, 2005


"Given that BP possesses personhood and is conscious enough to have morals--see Hobby Lobby v. The United States--we hold it legally accountable and try it as an adult for negligent homicide."

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