Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Case Western Reserve University’

… It Was Not Just the ObamaCrapCare Architect [#IRS Subsidies Rule]…

Posted by paulfromwloh on Thursday,October 6th,2016

.. no , it was not just the architect of ObamaCrapCare ..

.. the IRS itself was in on the shenanigans …

.. an excellent column by Kim Strassel [WSJ] points out that the career staff at the IRS initially followed the law , to the letter . That meant that it would be subsidies in state – based exchanges ONLY . The situation changes when it was kicked up for political backing to the highest levels of the Service …

.. [h/t — WallStreetJournal/Opinion]..
.. [link] to the opinion ..
.. [h/t — NationalReview]..
.. [link] to the article ..

.. at that level , the chief counsel [a political appointee] and the Commissioner [ditto] had a very serious problem . Most likely , they got heavy duty heat from the ObamaCraps at the White House . Guess What Happened ?? ..

.. the ruling changed . by July of 2011 , the ruling came out in its final form , having it as subsidies for ALL … a couple of weeks later , Professor Jonathan Alter of Case Western Reserve University in Cleveland , Ohio and Micheal Cannon of the Cato Institute came out with their famous paper … [– note — it is available from the Social Science Research Network , and there is a link , [here]]


Posted in body of law, legal opinion, legal question, personal opinion, tax question | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

… Today is A – Day [#Argument Day]…

Posted by paulfromwloh on Wednesday,March 4th,2015

.. yep , it is Argument Day .

.. today , arguments are held at the U.S. Supreme Court in the case of King v Burwell . Yep , it is another ObamaCrapCare care ..

.. except in this case , it is damn serious . Given the actions of the Government , and , in particular , the Infernal Revenue Service , it is absolutely critical ….

.. the Government feels that they can re – write and re – interpret statutes as they see fit . No , they cannot . The precedent that was set in the ruling Chevron v NRDC [commonly called ” Chevron Deference] . The government has some latitude , but only so much latitude in calling a spade a spade . In other words , they cannot engage in creative writing by rewriting and reinterpreting a statute …

.. Professor Jon Adler [of CWRU] and Michael Cannon [of the Cato Institute] really hit a home run when they did the ground – breaking research on their paper . They really hit the nail on the head . The government went too far …

.. now , it is up to the U.S. Supreme Court . One part of the decision is to make the tough decision . The Government royally screwed up . Someone needs to hold them to account for it . The other is to actually hold the government to account …

Posted in communications strategy, constitutional opinion, legal question, personal opinion | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

… Relief from the Supremes [#Ohio voting case]…

Posted by paulfromwloh on Thursday,October 2nd,2014

.. and , for some expert commentary , from the Volokh Conspiracy , Professor Jonathan Adler [ of Case Western Reserve University , right here in Cleveland , Ohio] …

.. [h/t —]..
.. [link] to the blog post …

September 29 at 8:05 PM

Earlier today  the U.S. Supreme Court put on hold a district court injunction against changes to Ohio’s voting rules.  Splitting 5-4, the Court granted the order sought by the state, overturning the judgment of a three judge panel of the U.S. Court of Appeals for the Sixth Circuit.  No opinions accompanied the order.  A petition for rehearing en banc remains pending before the Sixth Circuit.

As a consequence of the Court’s order, recently enacted changes to Ohio’s voting rules will be in effect for the November elections.  Among the changes are a reduction in the in-person early voting period from 35 days before the election to 28 days, a reduction in weekend voting, and the elimination of nighttime early voting. Here are early reports from SCOTUSBlog, the Columbus Dispatch and the Post’s Robert Barnes.

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… This Company will Not be the Only One [ObamaCrapCare] …

Posted by paulfromwloh on Thursday,November 21st,2013

.. the company in this news piece is from my ” neck of the woods . ”

.. [link] this one is a link from the original news piece link at the Washington Free Beacon . This [link] is a YouTube recording of the  local news piece [WEWS TV (ABC)] .

.. This company (PSC Metals) is originally a very small business . They have since grown to a multi – hundred million dollar operation , with over 1,000 employees . They have done the ” math , ” and have decided that it is cheaper for them to send their employees into the health exchange in Ohio . In Ohio , because of Ohio ‘ s refusal to create one , they will have to join the crowd dealing with the mess because Ohio ‘ s exchange is one that was created by the federal government . That is not the only problem .

.. Ohio is the home state of law Professor Scott Adler [Case Western Reserve University] . He and Cato scholar Michael Cannon wrote the seminal paper on the illegality of the offering of tax credits by federally – created exchanges in states that refused to create one themselves . Ohio , no doubt , has a court case similar to Oklahoma ‘ s ” Pruitt v HHS , ” which challenges the legality of those tax credits and penalties , and is much further along .

.. I am willing to guess that that one , or the one in D.C. , or both , will result in injunctions blocking the tax credits and penalties for those federally – created exchanges . When that happens , effectively , the game is over . It would affect nearly 36 states , in which the Feds created the health benefits exchanges . The other 14 states and DC ‘ s would be untenable , due to the uncompetitive advantage .

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