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]]

Advertisements

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 — VolokhConspiracy.com]..
.. [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.

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

… 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 .

Posted in media opinion, personal opinion | Tagged: , , , , , , , | Leave a Comment »