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...

Goodbye 1015

After 16 years, I'm leaving 1015. Not moving far, to 1776. And not leaving a job. Just a relocation.

I'm so used to my view of 18th Street, and my new view is arguably better, of two streets. And we'll have some new amenities, and we'll be modern, with some new furniture.

So many memories here, though, of the 2000 election and 9/11, certainly. Of former colleagues, learning of M's death, hearing of engagements and new babies and celebrating birthdays. Lots of quiet moments, tears, and frustrations. Late nights and early mornings. Escapes to Borders across the street, a couple of incarnations of Jack's below. Lots of coffee. Lots of walks to R's desk, and lots of closed door conversations with colleagues/friends. Angry moments. Ridiculous moments. Incredulous moments.

So here's to a new place to work...and here's to the old. I hope I won't be there for 16 years, though!

The End of Grey's...

Internet is a-buzzing about about McDreamy's death last night on Grey's Anatomy. I haven't watched the full episode yet, and I am not sure that I will. But it disturbed me last night, and the senseless of this as "entertainment" haunted me as a I drifted off to sleep. I think I'm done with watching tragedy as entertainment. Sure, his good-bye will make you think a bit more about your loved ones, about the temporal nature of being and how any moment can bring you to your knees. But a television show? Where plane crashes have killed siblings, Alzheimer's killed mothers, where people are shot...I never watched the episode where Jackson & April's child died, because really--that is supposed to be entertainment? The actress was pregnant! Not entertainment.

So I don't think I will be regularly tuning in to the show anymore. I live too much in my head, and I don't need to be haunted by "this could happen to you..." We all know that. We don't need to see our nightmares play out in real life.

The Americans

Paste rounds-up some of the most compelling moments from this season. Season finale is tonight!

Early Thoughts on the Election

If a presidential candidate was the former Secretary of State, a former United States Senator, and a partner in a foundation that sought to "improve people's lives," and had unparalleled name recognition, you'd think that particular candidate would be a leading one for president.

Winning candidates often don't hold the best resume. Ask the incumbent, right? It's more than a resume, it's more than a law degree. It's rhetoric (ask Ronald Reagan), it's charisma (ask Clinton), and it's an image (ask Kennedy) of what the country wants in a leader, all bundled together. And it's often identity politics (ask Obama).

It is April 20, and the presidential election is over 18 months away. I'll go on record now that a minority or a woman will be on a winning ticket. And like I've said all along, it won't be Hillary.

I'm unexcited about the prospect of a woman in the White House. It does not matter to me one iota. We've had two female candidates for vice president, and both were flawed. We've had flawed presidential candidates. Whether it is two white men, a woman and a white man, or a Hispanic and a woman, it doesn't matter. It's the substance of an individual in a time of national security risks from the middle east and Russia and North Korean; it's a time when individual liberties and the First Amendment is under threat; it's a time when religious believers are shamed as bigots; and it is a time when the soft bigotry of low expectations dooms another generation to live in an urban prison, because educational opportunities are closed when you can't bother to finish high school.

I don't care if it's a woman, or if it's someone with an impressive resume. I care about integrity. I care about honesty and transparency, fully realizing that a lot of politics happens behind closed doors (much like sausage) for very good reasons. I care about the truth this country bears. I care about what opportunities will be available in global competition for my nephews and niece.

I selfishly care about what opportunities may avail themselves to me someday. I was watching Mad Men last night, and Peggy Olsen was asked by Don about what her vision for her future was. She wanted to be the first female creative director at the agency, and she wanted to create something of lasting value. I've diminished myself for too long, often in my own insecurities and in the little ways I demean myself on a daily basis. But I want to dream big, too. And if a door were to open to me, I want that badly.

Monday Ten

1. Chicago, and Acadia, made for some good eating. The seven mile run didn't hurt, either.
2. Lowlight: that text from Michelle. D made a good point, and I was thinking it, too, though I didn't want to articulate it. She was needlessly provocative, and frankly, she was hurtful. And I know she is hurting herself, and she is in pain and maybe not thoughtful. But it was defensive and designed to make us feel like bad people. It is hard to "abandon" someone when they turn you away at every visit. But I don't know.
3. The epic dinner speech. We will be talking about that for a while...
4. Sunshine and 70s. Best time of the year. And full bloom cherry blossoms.
5. Enjoying a lot the San Fermin album.
6. The Americans and Mad Men are my two favorites right now. But last night's Megan-centric episode just was weak to me.
7. Presidential announcements are coming...Ted Cruz and Hillary and Rand Paul and Marco Rubio. Many to come.
8. The weekend WSJ is a simple pleasure on flights home.
9. Happy to have some of the block party bureaucracy behind us.
10. How many days til Friday?

Monday Musings

1. I don't recall the last truly great weekend I had for Easter. Not this one.

2. We're supposed to engage with Cuba or Iran or with gay marriage opponents. They don't need to see into Christians' eyes, or experience the perspective of those Cuban refugees who have been persecuted for decades.
3. I remember being heartbroken a few months ago with news of the plane crash that killed most of the Gemmell family. I found this update from February.

"As I've told my daughter, we don't want to let this completely defeat us," he said. "We don't want this to become what defines our lives, or ruins the rest of our lives going forward. For the most part, we just need to persevere and do what we can to honor Marie, Cole and Devin."

If there's one thing Ken Gemmell wants others to know, it's this: "Just how great of a mother she was. She really did love the kids so much."

Wow. I think of them after Easter, how death didn't defeat Jesus Christ, and the love he had to lay down his life for his friends. There's something profoundly moving and inspirational amidst the tragedy. It's hard to read any of the GoFund Me accounts. I am not that strong.
4. There have been too many pregnancy announcements lately, and I'm quietly depressed by it. I am not sure I can continue following along the cute facebook updates, the celebrity moms, etc. So there. I said it.
5.  Good advice. Easier said than actually implemented.