tort

More on King v. Burwell

The Supreme Court building in Washington, D.C.

A thematic question: At this point, how is it still a question?

There is a bit somewhere in a book about the Universe asserting what seems nearly circular, that we know what we know is right because it is what we know. That is, of course, an insufficient paraphrase, a memory of how the point felt, but it is also true that if what we think we know is that wrong, there would be no satellite communications. Try a simpler version. If you know a football coach, test a proposition; there is only so long one can hear people say a professional athlete “sucks”. Not a good day, maybe in a larger slump, but you don’t distill in the process and elevate to that valence if you suck. One might think similar things of, say top-tier electoral politics, but no, it doesn’t work that way. It is supposed to, or so we might imagine, except Sarah Palin was nominated to run for vice-president once upon a time, and we all watched Mitt Romney’s disastrously ill-executed campaign for the presidency in two years ago.α

Certes, such comparisons are notoriously vague, but here is the theme: At some point, we cannot maintain confidence if certain properties remain variable and unresolved; if questions of a particular nature and context remain in effect, how is the larger paradigm expected to function at a given valence?

Or perhaps we should simply start with standing. A juristic context. We considered the issue briefly, yesterday, but something about awestruck disbelief seems to have gotten the better of us.

Point being that one might wonder how standing could remain a potentially affecting question when a case reaches the Supreme Court.

Just sayin’.

However, Louise Radnofsky and Brent Kendall bring the question back to focus for The Wall Street Journal:

One of the plaintiffs in the Supreme Court case against the Affordable Care Act listed a short-term-stay motel as her address when she joined the lawsuit, potentially calling into question her basis for suing.

Rose Luck is among four plaintiffs suing the Obama administration to eliminate tax credits under the law that make health insurance cheaper for millions of Americans. They say the wording of the 2010 law allows consumers to tap the credits only in states that run their own insurance exchanges, and not their home state of Virginia, which is one of as many as 37 states that use the federal enrollment system.

And at this point it’s easy enough to make a point about how this sort of technicality shouldn’t matter; after all, the case has survived, anyway, and has achieved SCOTUS valence.

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A Disaster in Mississippi

Those with an ear to murmurings political could not help but hear the ruckus that stirred in recent months over in Mississippi. In a right-wing primary pitting a secessionist Tea Partier against an incumbent conservative Republican, the outcome was decided by black Democrats who turned out at incumbent Sen. That Cochran’s plea in order to reject the secessionist upstart Chris McDaniel.

But that is hardly the strangest historical nugget from the fierce contest that pushed into a runoff after neither candidate achieved the state’s fifty percent threshold. Nor would it be the part where the longtime Beltway figure Cochran tried to play up his folksy charm by recalling indecent liberties taken with farm animals when he was a child.

Mark Mayfield (l.) with Chris McDanielThe most bizarre aspect of the 2014 Mississippi Republican U.S. Senate Primary, far and away, was the break-in scandal. The short form is that somebody broke into a nursing home in order to photograph Cochran’s invalid wife, which pictures turned up in an outside interest’s anti-Cochran television spot.

Four were arrested in that caper, and questions still remain about what degree McDaniel’s campaign was aware of what was going on; their initial comments on the budding scandal at the time proved, well, inaccurate. Nobody has quite figured out what happened there.

But what has happened to the scandal since is that one of the arrested and accused, Mark Mayfield—an attorney and leader of a state Tea Party ogranization—ended his own life.

The family of Mississippi tea party leader Mark Mayfield, who committed suicide last week after facing charges for his alleged connection to the photographing of Sen. Thad Cochran’s (R-Miss) wife, plans legal action against “anyone responsible” for his death, according to The Clarion Ledger.

Authorities arrested Mayfield and two other supporters of Mississippi state Sen. Chris McDaniel (R) on conspiracy charges earlier this year after a blogger allegedly took photographs of Cochran’s bedridden wife, Rose, at a nursing home where she suffers from progressive dementia. The photos were allegedly used for an anti-Cochran political video that was later taken down.

Mayfield’s relatives argue that Madison Police Department officers trespassed when they went to his Ridgeland home after he shot himself on Friday. They say Mayfield’s arrest was politically motivated by supporters of Cochran, who defeated McDaniel in a contentious primary runoff that the state senator has yet to concede.

“It’s the highest degree of abuse of power,” said Ridgeland Alderman Wesley Hamlin, Mayfield’s nephew.

(Bobic)

John Reeves, brother-in-law to the deceased, noted that the arrest cost Mayfield his career as a transactional lawyer: “On the day his picture was in the paper, all three banks called him and said, ‘Mark, you’re fired.’ That devastated him. He lost his business. He had to let his secretaries go.” While one can certainly empathize, there is also something of cynicism that rises in the context of an appeal to emotion; the family is also upset that Mayfield was accused at all, and also at the manner in which he was arrested: “They treated him like a criminal.”

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