Wednesday, March 28, 2012

LAW AND COURTS

Possibly the most important impact on our life is happen these three days in the Supreme Court which may not only decide the future of health care but also daily life activities.

Weirdly what is before the Court is not the legality of mandated health insurance , but the question of whether the penalty for failure to obtain insurance in the law is a tax or not.

There has been a previous decision and upheld by the court that if it is a tax there can be no suit to overturn it until after the tax has been paid. Since this provision would not go in to effect until 2015 the delay would mean that provisions of the law would have to be enacted.

If the penalty is held to be a tax on the uninsured all present suits against the act will be thrown out. If a penalty is not a tax then the case will go back into the system.

The question involved is too complex for my simple mind, so I advise you to read these links; including a summary of day 2 can be found in both these sites CLICK. , CLICK .

In the world of minutia; did you know that a child born outside this country of American citizens has the country in which he was born listed on his birth certificate?

That is with one exception; if since 2002 by Congressional Law if he is born in Jerusalem he cannot have Israel listed as the site of his birth. I am not sure where he was born; in limbo? A challenge to this law is in the courts.

Locally legal nonsense is the mayor’s suit against the Council. I am not sure of what the suit is if it is more than overturning the penalty resolution and recovering her legal expenses.

Anyhow the special Council meeting tonight is to engage legal representation to defend the Council and its members.

I cannot be there because of another engagement, but I would be interested to learn if some Councilor attempts to use the Tolliver PMUA reasoning that so much money has already been spent we should end it by giving what is wanted.


1 comment:

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