SCOTUSCare

From Scalia's dissent in his newly coined SCOTUSCare decision:

• Words no longer have meaning if an Exchange that is not established by a State is “established by the State.” It is hard to come up with a clearer way to limit tax credits to state Exchanges than to use the words “established by the State.” And it is hard to come up with a reason to include the words “by the State” other than the purpose of limiting credits to state Exchanges.
• Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to Cite as: 576 U. S. ____ (2015) 3 SCALIA, J., dissenting yield to the overriding principle of the present Court: The Affordable Care Act must be saved.
• The Court interprets §36B to award tax credits on both federal and state Exchanges. It accepts that the “most natural sense” of the phrase “Exchange established by the State” is an Exchange established by a State. Ante, at 11. (Understatement, thy name is an opinion on the Affordable Care Act!) Yet the opinion continues, with no semblance of shame, that “it is also possible that the phrase refers to all Exchanges—both State and Federal.”
• Today’s interpretation is not merely unnatural; it is unheard of. Who would ever have dreamt that “Exchange established by the State” means “Exchange established by the State or the Federal Government”?
• It is bad enough for a court to cross out “by the State” once. But seven times?
• But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites. I dissent.

It is why judges matter. No more gestures like renominating Judge Gregory on the 4th.  No more John Roberts. The left does not make these mistakes. Judicial nominations are one of the most important issues in 2016.

Character

It's been a hectic week, after visiting Cincinnati, dinner our with Marissa and Jay on Monday, World Cup soccer with neighbors, dinner with E last night. I am looking forward to a quieter evening tonight, a stop at HT, and maybe an episode of OITNB. I did an elliptical this morning, much needed after over indulging lately.

It's summer. It's been stormy and hot, the days are long. And it'll be July in one week, which is ridiculous. Half-way through 2015 already. And July will be a busy one, as will August. And September...so it goes.

I am searching for direction and spark, and I'm trying to live more in the moment. It's now 8.5 months until 40, and there are days I could almost anticipate it, and other days I'm dreading it. I cannot wrap my brain around being in my 40s. I still recall not being able to envision life after 22. Or life in college. Life outside of St. V. It's like a rubber band that stretches further out, or maybe something that keeps unwrapping to cover up more of what your life is like at this point or that.

I'm reading David Brooks The Road to Character, which has been outstanding. The more I read, the more I demand "great books." Fracture was great.  Ideas, motivation, drive, integrity, dignity, and utter failure.

Being transgendered has been the story of the summer. How does that state of being reconcile with character? Can it? Brooks struggles with the definition of "true self." Maybe that concept is overrated. You can spend a lifetime and never quite define that. Or you can reach that state in youth.

I am not sure if this is the best word, but it's authenticity. And dining last night, hearing that ridiculous story on the porcelain dolls, all I can think is "Own it." Do not be ashamed or embarrassed, the way I would have been. Own who you are, because you don't get a second chance in this life. One is what you have.

Can't Listen...

Is it wrong to say I'm finding baby/pregnancy talk insufferable? I mean, I am cringing listening to the laughter, the overload of information, the comparison of notes, etc. It is too much.

Six Weeks Later...

So I never intended to step away for these last six weeks. Time passes fast. Travel. Friends. Block Party. California and Vegas and Phoenix and Philly and New York and New Jersey. This and that.

I just haven't wanted to write. It's not for the lack of something to say. I feel like I have nothing but thoughts to vocalize, and I have nothing but a void to fill.

I have less time than a baby's gestation before turning 40. I am simultaneously hyper aware of my age and utterly in denial, oblivious to the point of utter avoidance. I want to dwell on the summer, travel to Texas and Michigan and the Bahamas and Iceland and Cincinnati. I want to dwell on 4th of July fireworks and hot days and roofdeck parties and cocktails and those other friends turning 40.

So where to it? I need to focus on doing something positive for myself. Aging gracefully, writing, enjoying the mantra of here and now. And then what...