Las Vegas Sun

January 31, 2015

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Letter to the editor:

Court following GOP playbook

With the Supreme Court having ruled that officials may strip search people arrested for any offense, it would not be surprising if the justices deem the Affordable Care Act unconstitutional.

Their concern for the health of the insurance industry is as understandable as their concern for government-mandated broccoli or for giving corporations the same status as people.

A negative ruling would allow insurance companies to continue to refuse coverage for pre-existing conditions and cap reimbursements to victims of catastrophic illnesses. American taxpayers would continue to foot the bills for the uninsured.

Tens of millions of uninsured Americans would remain without coverage, and that number would grow as corporate “people” discontinue medial coverage to employees due to rising insurance costs. And, of course, seniors would continue to cope with the doughnut hole in their prescription coverage.

It seems as if the court is performing out of the Republican playbook. Should the Affordable Care Act be declared unconstitutional, the next move could possibly be to declare Medicare and Social Security as “government mandates” and therefore just as unconstitutional.

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  1. The recent decision applies to people who have been arrested and have been brought to a jail facility.

    As bad as that decision was with regard to the Fourth Amendment, it is ludicrous to compare that to the ACA debate.

    If one remembers that in 2008 then-Senator Obama said he would vote against renewing the Patriot Act, but then voted for it, it can be said that this decision is carrying forward President Obama's agenda to promote the culture of fear that says we must give up individual liberty in the name of security.

    Ben Franklin must be rolling over in his grave.

  2. Bradley,

    We have agreed in the past on some issues, but I suspect we disagree on the Court decision that is supposedly the topic of this letter.

    If I may, let me ask this question of you: is it reasonable to think that most people, even a small minority of people, who are arrested for any given cause and brought to jail, have hidden some form of contraband in a body cavity ahead of time? I have no problem with this procedure for those who have already been convicted. But for someone being brought in directly from the streets I think it stretches the limits of probability.

    With all due respect for your experience I feel this is a very bad decision by the Court. If anything, a Court that feels that the government should have this kind of power might also think that it is correct to impose purchasing mandates as well.

    I cannot state strongly enough that I feel this was a very bad decision in that it gives government in general (and the executive branch in particular) more power to protect itself at the expense of the people's rights.

  3. I agree that it is appropriate in a prison environment. That is an entirely different circumstance and I am not talking about that.

    I am talking about when a person is brought in from the street on a "simple" arrest. What are the odds that the average person has some sort of contraband in a body cavity as a matter of course? Does being arrested grant probable cause for a full strip search at the jail facility? (Ok, I can see it being the case if Hugh Grant is ever arrested again.)

  4. RefNV believes opinion pieces are factual. They, in general, are not.

  5. Try this on for size, Diane: call an insurance company to buy fire insurance while the kitchen is aflame and see what happens. For those who choose to wait until they need "coverage" before shelling out, well, they deserve what they get. You whine about having to pay for those who get "free" care now? Wait until the 51% of people who pay no federal income tax get the whiff of a "free" ride by not paying for health coverage until they need expensive care. You'll then be whining that your cost for coverage has skyrocketed and you'll want government bureaucratic pencil pushers to step in and rectify the situation they created in the first place.

    Jerry, The cost of coverage will skyrocket. Medical has gone from 6% of GDP to 17% of GDP and will be 50% of GDP if the trend continues for another couple decades.
    Medical costs are sucking income out of peoples pockets by the trillions of dollars. Wait until folks earn a buck and have to leave half of it at Savon. Some drugs cost $40,000 a month.
    Costs have risen at two to three times inflation since I started working on ERISA trusts decades ago.
    Nancy Pelosi will get rid of the first amendment????? What a bunch of bull. Go to Frisco sometime. People can stand on a soapbox nude and scream their views all day long. The cops don't lay a hand on them.

    At least when Pelosi sits on the can she doesn't rip it out of the wall. Obesity happens to be a big reason for not being able to get insurance or a job. Employers want to keep insurance costs down, not hiring those over 50 or obese is a way to do it.

  8. "With the Supreme Court having ruled that officials may strip search people arrested for any offense, it would not be surprising if the justices deem the Affordable Care Act unconstitutional."

    Kremser -- you should have first checked your premise, as boftx called it. So exactly why should your letter have any credibility here?

    "The nine most terrifying words in the English language are 'I'm from your government and I'm here to help.'" -- the late President Ronald Reagan

  9. Yeah...she is going to amend the first amendment. Then Obama will takes our guns away and put us in concentration camps. Then the Republicans will kill all the women. Cause everyone knows they hate women. Then Romney will kill all the dogs and Obama will eat them.
    These issues are nonsensical distractions because many don't want to discuss the REAL issues that will have to be dealt with over the next 50 years.
    Getting people in shape and educated to prepare for a very competitive world.

  10. RefNV believes corporations are people. He is confused and wrong about what Ms. Pelosi is looking to do here. Keep defending corporations litte RefNV.

  11. Dennis don't forget to add George Soros to your list.

    Everyone run, the holocaust is coming!!!!!! The NRA has been telling people for decades that the govt. is going to take our guns away. I don't follow gun production data but a friend told me gun sales are through the roof and there are about as many guns as people in the good old USA. No idea whether that's true but I wouldn't doubt it.

  13. She would have a hard time trying to silence the 10 or so regular Sun bloggers much less anyone else. Not that anyone would give a damn. 2 million in the Vegas area and we are the only ones who care enough to participate in these discussions. 10 out of 2 million!!!GREAT

  14. "RefNV believes corporations are people."

    mschaffer -- they are and always have been as a matter of the laws which created them

    "...the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation." -- Hale v. Henkel, 201 U.S. 43, 74-5 (1906)

  15. In Vegas you can create an LLC on line in 10 minutes for 300 bucks. A viable person closer to 20 years and $400K.

  16. Bradley,

    I've gone back and read the Court opinion, as well as a few commentaries on it. In deference to your expertise, I have a question for you.

    What is considered "general population" at the county jail? Does that term apply to the waiting area we see so often on TV and/or to the holding cells prior to the first appearance before a judge? If the term "general population" applies only *after* an appearance has been made before a judge and it has been determined that a person must be held in the main facility then I don't have much of a problem with this. But if it opens the door for this to be done as part of the routine booking process then I do think the decision was wrong.

    I found it interesting that Justice Alito allowed that there might be room for a different standard to be applied to people who have not yet had their detention come before judicial review.

    That said, I agree with prior decisions that say strip searches after contact visits are permissible. That is common sense that no one should be able to argue with.

  17. Too early to tell how this will all play out. So, it's kind of hard to comment on something that hasn't happened yet.

    The thing that's most disturbing is that there is at least one the ultra-way-the-hell-out-there-nutball-neo-conservative justice, during the hearing about the Affordable Care Act, asked questions just as if he was Sean Hannity with Fox News (that broccoli crap). If he lives only in a Fox News bubble, we're all in trouble, don't matter which side of the aisle you lean towards.

    But we'll see.

    All this talk about the U.S. Constitution is pretty laughable in the comments.

    I get the impression that people could die off in droves through neglect, indifference and uncaringness, but hell...that's alright..the Constitution is sacrosanct, written in stone.

    I'm pretty sure our Founding Fathers didn't create that long lasting document so that you can kill off people all over this great essentially waving it in front of you like Moses just down from the Mountain holding the tablet containing the 10 Commandments.

    I just hope sanity prevails in the decision about this, and it's not based solely upon any agenda.

    I'm sick and tired of our U.S. Supreme Court, no matter which way decisions go, seeming to usurp our Government. They're supposed to be a complement to our Government, not a hindrance to it.

  18. The usual nonsense from the usual fools.

  19. Comment removed by moderator. Refers to removed comment.

  20. Hmmmm; can't remember why my previous comment was removed. How's this; SCOTUS is a right wing political tool, and will be until libs/moderates get appointed. Simple as that.

  21. Ah!!, Now I know why my previous comment addressing "By Press" was deleted. I posted, and he replied, and they both got tossed. I'll repeat my contention: the usual comments by the usual fools.... Will this post?

  22. Re Jim Reid. The usual unsubstantiated BS.

  23. Comment removed by moderator. Name Calling

  24. RefNV,
    Unions counterbalance the obvious fascist tendencies of business. How would you reign in the abuses of business? Or don't you believe business corporations commit abuse against people?

  25. Rightwingers love mandates when they promote their agenda. Example: The congressionally mandated National Day of Prayer, scheduled for May 3 (tomorrow). "National Day of Prayer Improperly Merges Government With Religion, Says Americans United":
    "The National Day of Prayer (NDP) was created by Congress in 1952. Federal law requires the president to issue a proclamation calling on people to pray. Originally a floating observance, the NDP was mandated as the first Thursday in May by Congress in 1988 at the request of Religious Right groups that use the occasion to promote their theocratic agenda."
    "This is really as much about politics as it is prayer, especially in an election year," said the Rev. Barry W. Lynn, executive director of Americans United. "Americans don't need to be told when or whether to pray, so this is yet another excuse for those who oppose church-state separation to go on the attack."
    Read the rest of this press release at