Obamacare - Day Two At The U.S. Supreme Court

Arguments on Day 2 at the United States Supreme Court on Obamacare (Department of Health and Human Servs. v. Florida) are fascinating and on audio. [1]

The key questions on the constitutionality of Obamacare's individual mandate are:

1.

“Can you create commerce in order to regulate it?”
— Justice Anthony Kennedy, U.S. Supreme Court, Tuesday, March 27, 2012, addressing U.S. Solicitor General Don Verrilli on his defense of the portion of the Patient Protection and Affordable Care Act that requires all Americans to purchase health insurance. [2]

2.

“What is left? If the government can do this, what, what else can it not do?
— Justice Antonin Scalia, U.S. Supreme Court, Tuesday, March 27, 2012, asking U.S. Solicitor General Don Verrilli what limits the government might have if the PPACA’s requirement that all citizens purchase health insurance is found constitutional. [2]

The defense: In my opinion, there is none that would pass constitutional muster or even on moral grounds because the coverage is not limited to emergency health situations but includes contraception and general wellness.

I predict that the individual mandate will fail by more than a 5-4 margin. I think Justices Kennedy and Bader-Ginsburg will side with individual freedom, leaving the two Obama appointees to argue some kind of fiction to uphold Obamacare.

Tomorrow's hearing is on the severance clause. There was one originally but it was taken out in the final version of the bill. The issues is whether the rest of Obamacare can stand without a severability clause if the individual mandate fails. No prediction on this yet.

The first day was on the issue of whether the penalty on the individual mandate, effective in 2014, is a tax, i.e, you will have to pay a penalty starting in 2014 if you do not buy health insurance as mandated under Obamacare. If the 2014 penalty is a tax, then "the Anti-Injunction Act, an 1867 law that says taxpayers can't challenge a tax until it's collected," [3] and the case would not be ripe for judicial review. On this issue, I think there could be a unanimous ruling that the individual mandate is a penalty and not a tax and therefore Obamacare will be decided on the merits before the November presidential election. The audio on Day 1 of Obamacare at the U.S. Supreme Court is not that exciting and may well serve as a sleep aid. [4]


[1] Listen to the oral arguments here -- http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Tuesday

[2] http://ifawebnews.com/2012/03/27/justices-question-constitutionality-of-obamacares-individual-mandate/

[3] http://online.wsj.com/article/SB10001424052702303816504577305783436646466.html?mod=googlenews_wsj

[4] http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Monday

More "Tweets"

Al in SF ‏ @Al_in_SF

After 300 Tweets-A look back:like a volatile bt thinly traded stock.0 followers 4ever then up2 11 now back to 8.Humbled 2have even1.Thank U!


23 Mar Al in SF Al in SF ‏ @Al_in_SF

What if the world's growing debt mirrors the rapid pace w/ which resources r consumed beyond Eden's replenishment or replacement capability?


23 Mar Al in SF Al in SF ‏ @Al_in_SF

What if human's sole mission on earth is not to conquer Mother Nature but to discover her rhythm and harmonize with it?


23 Mar Al in SF Al in SF ‏ @Al_in_SF

What if every human is born with the power to transform earth into heaven?


23 Mar Al in SF Al in SF ‏ @Al_in_SF

What if there are an infinite number of virtual Knowledge Trees and Apples of Temptation & the challenge is to leave them alone?


23 Mar Al in SF Al in SF ‏ @Al_in_SF

What if planet Earth is the Garden of Eden?


23 Mar Al in SF Al in SF ‏ @Al_in_SF

When are environmentalists not hypocrites?When they become wildlife & synchronize with Mother Nature =>The Great Environmentalist Migration.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

"Ethics, not rules.." by @ISISLESPACE to which I'd like to humbly add "or scams."
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10 Mar Isis L'espace Isis L'espace ‏ @ISISLESPACE

Ethics, not rules..
Retweeted by Al in SF


22 Mar Al in SF Al in SF ‏ @Al_in_SF

A true charity: Donate to a bank owned by those very people who need to take out micro loans to fund their work to maintain their livelihood


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Why do RICH PEOPLE need to go half way around the world to do charity in order to feel good about themselves? Give 2 your local motel maid.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Investment advice [cont.] - How to lend money to say, AIG? Call your broker, buy its bond.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Investment advice:Lend your $ to & collect interest frm those TooBigToFail, not to those who don't know what's a bailout-they won't get one.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

I get it. http://Kiva.org gets a %-tage off the top even if u poor suckers can only lend $25. If the biz goes sour, ur $25 is gone.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

I had no idea that poverty can be so enriching for the privileged - perhaps I have ABSOLUTELY NO DESIRE TO KNOW!


22 Mar Al in SF Al in SF ‏ @Al_in_SF

http://Kiva.org is a win-win-WIN: Blood,sweat & tears win for them, a comfy couch win for you and a jackpot for its Linked-in founder.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

OMG! http://Kiva.org is brilliant -- making the underprivileged work hard & make $ for the privileged. It's a win-win-win!


22 Mar Al in SF Al in SF ‏ @Al_in_SF

What if the Apple plucked from the Tree of Knowledge was a "placebo" to test the human's strength in resisting temptation?


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Al's"What If's" begins today. (Emphasis Added)


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Actually, I relish @EricFehrn's imagery of Etch A Sketch b/c it'll be fun to see how Obama's Etch A Sketch matches up with Romney's.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

A jaded consultant @EricFehrn sees campaign promises as political entertainment & caricatures them on Etch A Sketch. It's time 4 a vacation.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

"Romney's positions are written not in stone but in polystyrene beads" http://news.yahoo.com/blogs/ticket/stocks-triple-etch-sketch-company-romney-campaign-173859076.html Moses' were in stone but became polystyrenebeads


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Imperfections can be endearing (so long as they are not repetitive to the point of annoyance).


22 Mar Al in SF Al in SF ‏ @Al_in_SF

An angel thought (on humans): They are so cute but they need help.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Everyone, especially the young, ought to live their lives with at least a scintilla of compunction while indulging in ravenous consumption.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Humans naturally survive based on one another's existence, not the other person's extinction.


22 Mar Al in SF Al in SF ‏ @Al_in_SF

Perhaps peace can begin with this mutual thought: how my enemy can help me, not how I can destroy my enemy.


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Origin of hate begins with an over-inflated ego feeding its ignoble character.


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Why are terrorists not synonymous with bullies? b/c victims of bullies aren't aggressors, can't kill the bullies or bomb them pre-emptively.


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Sen.ScottBrown on Santorum getting Secret Service said,"I think it’s the first time he’s actually ever used protection.”http://nation.foxnews.com/scott-brown/2012/03/19/scott-brown-secret-service-santorum-first-time-he-s-used-protection


21 Mar Al in SF Al in SF ‏ @Al_in_SF

With @JLin7 & @TimTebow both in NY, God can cut commute time and save on gas.


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Happy 6th Birthday @Twitter! A billion "tweets" every 3 days until I showed up then it's every 2 days & 23 hours :-)


21 Mar Jack Dorsey Jack Dorsey ‏ @jack

It's 12:50. Happy 6th Birthday @Twitter. From 1 tweet to over 1 billion every 3 days. I'm so proud of our users and our team.
Retweeted by Al in SF


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Some claim that Jesus was a Jew. Was the Holy Spirit Jewish? Is there a Jewish person who was immaculately conceived?


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Of course, not all Jews are a pain in the holes of the universe & Jews cannot be blamed for all the wars (MelGibson) & I have Jewish friends


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Is it possible that the Jews aren't as Christ-like as Jesus would like them to have become but r just as sinful as&more needy than the rest?


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Why haven't the Jews sued Deutsche Bank Group? Were the holocaust victims worth nothing compared to the victims of Gaza?


21 Mar Al in SF Al in SF ‏ @Al_in_SF

By suing the Bank of China, the Jews have put the lives & livelihood of the American people and its economy at risk for what, a few bucks?


21 Mar Al in SF Al in SF ‏ @Al_in_SF

The Jews want to sue a bank owned by a sovereign(China) that lends $ to the US which they have asked 4$ &lives 2defend against their enemies


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Jews would've branded Jesus a "terrorist" had the term existed then but it didn't matter. He was crucified.Still NO apology & NO reparation.


21 Mar Al in SF Al in SF ‏ @Al_in_SF

NY Sup.Ct.rules Jewish victims may sue Bank of China in NY http://www.israelnationalnews.com/News/News.aspx/145744#.T2pnVNlq_Yg Not surprised since only Jews can define who is a terrorist.


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Humans are continually in a tug-of-war between good and evil even though the line demarcating them remains fuzzy within Human Reason.


21 Mar Al in SF Al in SF ‏ @Al_in_SF

Lenten thought: Only Christ can resist "the last temptation" in the "Last Temptation of Christ" movie (1988) and go to His crucifixion.


20 Mar Al in SF Al in SF ‏ @Al_in_SF

The things on Satan's Temptation platform are too attractive, too convenient & too luxurious for me to let go but I also cannot let go God.


20 Mar Al in SF Al in SF ‏ @Al_in_SF

Has life been lived correctly in this 21st century?


20 Mar Al in SF Al in SF ‏ @Al_in_SF

I. God created earth for humans & Satan created on it a platform called Temptation over which it has perpetual intellectual property rights.


20 Mar Al in SF Al in SF ‏ @Al_in_SF

II. Satan owns everything that is grown or built on its Temptation platform. When they consume the being & the soul is when Satan gets paid.


20 Mar Al in SF Al in SF ‏ @Al_in_SF

III. The more fulfillment & enjoyment come from enticements on Satan’s Temptation platform the more Satan gets rewarded.


20 Mar Al in SF Al in SF ‏ @Al_in_SF

IV. When complete fulfillment & happiness arise solely from Satan’s Temptation platform is when Satan owns both the slave & his/her soul.

Thoughts On God - Sunday, March 25, 2012

Do most people live out their lives without being concerned with the consequences of their actions?

I believe they do. Some, however, continually struggle against their fates over which they seemingly have no control, but that is a myth. Each person is in full control because of free will. To exercise his/her will in a way that conflicts with the prevailing mores of society is to choose to suffer. Nobody wants to suffer, at least nobody I know, including myself.

That maybe why there is a Supreme Being, so that people can worship an ideal. Whatever that ideal maybe, it is something better than what they are able to do or can be themselves.

I believe that the Supreme Being is the same in any religion because humans are the same everywhere. They think and fear alike. Their differences arise from the ego which is fed by greed and enhanced by wealth, power and the desire for self-importance and self-gratification. Their enemies are not those with whom they share time on this planet. Rather, they are co-conspirators against those who are yet unborn for they are polluting their pristine air and contaminating their clean water, and they are doing so with speed, the speed of their technological advancements, a speed too fast for Mother Nature to re-cycle, regenerate or replenish. [1]

The fast obsolescence of technology is not driven by need but by greed, which underlies the mores of today’s society. Each time a new generation of smart phones, personal computers and other technological achievements come to market, the old ones become trash, non-biodegradable trash, at least not biodegradable in the lifetime of those beneficiaries inhabiting the planet. The saying, “kicking the can down the road,” is not limited to deficit spending but includes irrevocably degenerative consumption of earth's natural resources.

Consumption drives the economy, but it is greed that stimulates the appetite for consumption. On an economy that is based on a reckless desire for comfort, there is no place for a Supreme Being, for God, for His creation that is earth, for Mother Nature that sustains life or for heaven on earth.

I am as responsible as anyone living on this planet, destroying it for my own comfort and turning into a hell that I pray to avoid, knowing full well that any action or inaction on my part is having an insidious impact.

My hypocrisy is patent. Knowing and having experienced holiness, I am nonetheless a slave to Satan, having accepted all the richness the world can offer, the exact offer that Christ had rejected by refusing to bow before Satan, the Tempter of souls, and worship it. [2]

Unable to overcome temptations, I believe that salvation is possible through faith in Christ and prayer. I also believe that no one is forced to go on board Satan’s luxury craft (one that is becoming more and more advanced and luxurious with relative but disturbing quickness) or that one has to sail through life on it and cannot disembark from it at will.


[1] Technological advancements are a product of the Human Intellect. It goes awry when it is motivated by avarice. I will have more to say on it in a future blog entry.

[2] Matthew 4:8-9

Another Thoughtful Evening

My "tweets":

Al in SF ‏ @Al_in_SF

The things on Satan's Temptation platform are too attractive, too convenient & too luxurious for me to let go but I also cannot let go God.


4m Al in SF Al in SF ‏ @Al_in_SF

Has life been lived correctly in this 21st century?


7m Al in SF Al in SF ‏ @Al_in_SF

I. God created earth for humans & Satan created on it a platform called Temptation over which it has perpetual intellectual property rights.


7m Al in SF Al in SF ‏ @Al_in_SF

II. Satan owns everything that is grown or built on its Temptation platform. When they [begin to] consume the being & the soul is when Satan [first] gets paid. [1]


7m Al in SF Al in SF ‏ @Al_in_SF

III. The more fulfillment & enjoyment come from enticements on Satan’s Temptation platform the more Satan gets rewarded.


8m Al in SF Al in SF ‏ @Al_in_SF

IV. When complete fulfillment & happiness arise solely from Satan’s Temptation platform is when Satan owns both the slave & his/her soul.

[1] The 140 character limit limits my ability to write more precisely but on here I can insert more to be more clear.

Thoughts On God - Sunday, March 18, 2012

Definition of dream: an imagination of anything that is good, not anything that is evil for that would be a wishful curse and that is fully within the purview of Satan.

Heaven is made for all those who wish for it but dreamers are made for heaven. In a dream, one can be in a God-like state where one is able to create anything from nothing and make it ideal and perfect.

Intrinsic to creation without limitation is absolute freedom. Although absolute freedom is a concept of creation itself, it is not a subset of creation and thereby not absolutely free. Rather, absolute freedom is a mirror of creation and like creation, it has no limiting parameter so much so that evil forces can and are always shaping its outcome which is a truth that begs the question: Why were evil forces permitted to exist in the first place? If they were not, then having free choice would be pointless if everything is good without the option to choose it.

Having the ability to remove evil entirely in their dreams, dreamers, unlike realists, relish not in the excitement of earthly luxuries and hope to be in heaven some day, whatever heaven happens to be, but have a fairly good vision and a sense of heaven. That vision and sense is in the core of all dreamers who against all the temptations of evil find on earth their refuge in heaven in their dreams.

"Water Is A Human Right"

"Clean and potable water is a human right" according Vatican's Pontifical Council for Justice and Peace as reported by Catholic San Francisco. [1]

I agree, except that the Vatican should have continued to say that until every person on earth has enough clean and potable water to live on, anyone who is part of the Vatican, including the Pope, shall have only those basic human rights necessary for his existence and nothing more. [2]

[1] http://www.catholic-sf.org/digital_paper.php (on page 4)
[2] My "tweet" - Al in SF ‏ @Al_in_SF

Vatican: "Water is a human right" http://www.catholic-sf.org/digital_paper.php (p.4) Of course, check out the Vatican Gardens & the fountains https://www.google.com/search?q=Vatican+gardens&hl=en&client=firefox-a&hs=M2N&rls=org.mozilla:en-US:official&prmd=imvns&tbm=isch&tbo=u&source=univ&sa=X&ei=AxJlT-n2J5DOiALDrvmjDw&ved=0CFQQsAQ&biw=1280&bih=616

Letter To A Friend (Redacted )

Dear Daen,

After returning from lunch I called up ____, ____ and ____ telling them how beautiful your drawings were and how happy I was, and I am still thrilled.

You are truly a gem, like no other I've seen, and I will say that again and again and hope you won't get tired of hearing it. This is actually the first time I have experienced your genius and it is miraculous!

I described to ____ your condition (a name I cannot remember) and she wishes you well. I told her that I could not see anything externally and that you are doing extraordinarily well under the circumstances.

Your deep humility and your resolve to continue to share your gift with others and to support your staff in light of your condition have become a beacon of light and an inspiration in my life. I have happily received from you serious and challenging lessons to be learned. They are not going to be easy but I don't want to fail myself and I don't want to fail you.

Today, you have permitted me to catch a glimpse of these other-worldly places you have been. In the time to come, please remember me, look for me and bring me along. I need a lot more help than just the project at hand.

Thank you for your kindness and love, Al [1], [2]


[1] Related "tweet": Al in SF ‏ @Al_in_SF
Lunch@PiccinoCafe w/ Daen - a gem with the humility of a grain of sand, a divinely inspired genius, a suffering angel & God's special child.

[2] In the shadow of Daen I stand in reverence and in humility.

Revising A "Tweet"

Earlier I wrote this: Alone on the beach I am at sunset a silhouette from a distance to be engulfed by that of earth and in that darkness I am part of the universe.

Like a musician who sometimes writes variations on a theme, I'm going to do the same: Alone on the beach I am at sunset a silhouette from a distance waiting to be engulfed by that of earth to become part of the universe.

The original entry is like a diptych going from twilight that is earth on one panel to night that encompasses the universe of planets, stars and galaxies on the other, and is metaphorically about existing in solitude (an imagination) to being part of a huge party where nobody can be absent (a reality). The variation is more like a self-portrait on a single canvas than a diptych, representing my life as it is ending just as the day is ending and showing me alone waiting for that which is inevitable - death - and pondering the eventual decomposition and transformation of the body to other biological and chemical matters that were part of the universe from which they came.

Here the Catholic saying on Ash Wednesday: "From dust, to dust you shall return," is apropos. In that sense, the flesh and bones dressing up the soul are temporal. Beyond the temporal is an eternity and it is during life, in particular in final stretch, that I hopefully have the strength to take a stroll along the beach and the mind to reflect on the existence and eternity of non-decomposable matter - the soul, and to seek the cleansing of sin and the blessing of transfiguration in order to be re-united with the Creator.

An Unusually Thoughtful Evening

Here are my "tweets" after having my cup of decaf coffee:

Al in SF ‏ @Al_in_SF

The first government was formed by Cain after he killed Abel. His first supporter was a coward who feared that he too would be killed.


22m Al in SF Al in SF ‏ @Al_in_SF

Al's definition:Government - an assembly of cowards clinging to their guns & cowering in fear who sadly have reasons to fear for themselves.


23m Al in SF Al in SF ‏ @Al_in_SF

Those who seek power over others are necessarily weak; anyone with the resolve to unconditionally help one other person is undeniably strong

38m Al in SF Al in SF ‏ @Al_in_SF

[continued from below] this place is not to carry out a cause but is a cause to celebrate.

40m Al in SF Al in SF ‏ @Al_in_SF

Where the air is clean & the water is crystal clear, and the sky an ever-changing palette of colors, [continued at above]

47m Al in SF Al in SF ‏ @Al_in_SF

A dreamer who cannot paint can only tap into the dreams of others to create in the mind's eye an other-worldly universe of beauty.
Expand

55m Al in SF Al in SF ‏ @Al_in_SF

In this boundless time-space continuum humans share earth's common air & water. To let anything else come in between this bond is a failure.

1h Al in SF Al in SF ‏ @Al_in_SF

Strengthened by my spirit over which I have no control, my life is a series of memorable vignettes, earthly as wells as heavenly.

1h Al in SF Al in SF ‏ @Al_in_SF

Alone on the beach I am at sunset a silhouette from a distance to be engulfed by that of earth & in that darkness I am part of the universe.

1h Al in SF Al in SF ‏ @Al_in_SF

Conserve energy: Bio-engineer the human sensors to detect and eyes to see the environs in darkness.

Thoughts On God – Sunday, March 11, 2012

One of the Ten Commandments, thou shall not kill, has been dogging me the last few days so I am going to write about it. I suppose the reason that it was given to the Chosen Ones by God through Moses rather than osmosis was to preserve the gift of free will, even the will to kill. Back then the world was not as diverse or polarized as it is now but killing must have already been fashionable prompting God to prohibit it specifically. I imagine that as soon as the commandment was announced it was deemed to be a suggestion that can be disregarded to the extent that even God’s only Son, Jesus, was put to death on a cross.

That being the case, it is reasonable to conclude that people, chosen or not, will never stop shooting at or bombing each other and in their spare time finding new ways to eliminate one another. I suppose that killings, intentional and unintentional, will evolve along with and result insidiously from advances in technology and changes in political dynamics even though the reasons for ending other people’s lives remain primitive, such as envy, greed, fear and hate among others.

However, I would like to believe just the opposite, that killings will end before the world ends for there is the grace of God that is always present and will ultimately prevail over the sins of Satan. God’s grace is simple and can be summed up in a word, love, or two, humility and love.

We all understand love because as infants we require it to survive and we all understand humility because as kids without the means to acquire food, water and shelter, we need to be humble to stay alive. If only we can see others as grown-up babies needing love and if only we can view ourselves as grown-up youngsters depending on care, then perhaps everyone can co-exist peacefully as God eternal children.


Note: This entry did not arise from an inspiration because I had none. I hoped for one but it never came. This was an analysis therefore unremarkable and unmoving. I was bored by it. A tiny inspiration did arrive later in the evening and I "tweeted" it:

Al in SF ‏ @Al_in_SF
Believers can instantly find fulfillment in God; non-believers suffer from an interminable need to find reasons for their insatiable void.

March 11, 2012, 11:19 pm

Thoughts On God - Sunday, March 4, 2012

March 4th is one of my favorite days because it rhymes with "march forth." Marching forth is exactly what Christ wants us to do despite the burdens we carry just as He had marched forth with a heavy wooden cross to Golgotha where He was crucified. Not so coincidentally, the center statue representing Christ the Redeemer at the top of St. Peter's Basilica at the Vatican shows a figure in motion carrying a cross that towers over him, with his right finger pointing forward and his left foot stepping ahead of his right.

I spent hours looking at those statues decades ago and to this day, I still think that the sculptor was divinely inspired. The statue representing Jesus is the only one in motion. The cross he is carrying is the biggest and the tallest, taller than any of the statues. When I was looking at it, I saw in my mind Jesus. He was the only one Who was not just standing around like the rest. He was on the move. He was determined to go forward carrying the weight of sins and the burden of hardships. He sought no pity and waited around for no one; He hoped not for a hand but rather gave others a hand [1]. He was strong. He was a leader. With His finger pointing forward, His one foot ahead of His other, He gave confidence to all to follow, to march forth with Him fearlessly. I love Him.


[1] My original sentence was: "He hoped not for a hand or a hand-out." It has been bothering me for days so I deleted it and rewrote it. A hand-out was not part of my consciousness let alone the thought of Jesus hoping for one, especially from a government. It was not until Barack Obama became president that the "notion of a government hand-out" was burnished into my consciousness and at my fingertips. For these reasons I had put it in. Leaving it in would not have been a proper recount of my thoughts. Wednesday, March 7, 2012, 5:15 a.m.