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RE: The next shoe to drop.... - 11/27/2013 10:39:29 AM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: Phydeaux

Like I said .. in your mind.

Of course you were the guy that said they weren't going to take the case at all.. what was it you said.
Oh yeah. Something like if the courts decided to take it up it would overturn centuries of established precedent...
Feel free to correct me with your exact quote.....


You ran away after I proved your claims were lies. You had no response because there was no way to walk back the fact that every claim you had made were lies.
http://www.collarchat.com/fb.asp?m=4590526

As to the Court, I had incorrectly assumed that no appellate court would find that a corporation had a religion. Since 1 did the case now has to be ruled on by the Supreme Court. You still have the problem that there is a mountain of precedent saying corporations do not have religion and on the other side you have a couple of W judges saying otherwise. The Court can destroy its last shreds of credibility or it can find the obvious, corporations do not have religion.

(in reply to Phydeaux)
Profile   Post #: 21
RE: The next shoe to drop.... - 11/27/2013 10:42:55 AM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: Phydeaux

Regarding corporations getting to have religion...

Its quite disingenious to suggest thats what the case is about.

The court has already ruled that a religious institute can fire someone that doesn't reflect the lifestyle or values of the institution.
For example, there is no requirement for the catholic church to tolerate a teacher that preaches there is no god.

So the questions here are -
To what extent do these liberties apply to companies that are not religious in nature.
Do catholic teaching institutes get to not have contraception - obama has ruled they must.
What about companies such as hobby land - where the owners tithe, are closed on sundays.

Frankly, its going to depend on what level of interest the supremes are going to have as the burden of proof.

If it were an individual - the government would have to show a compelling interest to abridge religious liberty.
It isn't - but then the question becomes - well what if an individual had filed suit? Will the court be activist and use this as a vehicle to rule as if an individual had filed?

If not, there is still the question - what about due process rights?
The court has, over 100 years ruled that corporations do in fact have "rights', as the courts acknowledge that businesses are merely collections of individuals for the purpose of doing business.

Do individuals surrender their rights merely because they choose to engage in business?

This is just scratching the surface of the issues presented in these cases. So you to present this as hard and fast "corporations don't have rights"
in the first place is wrong -and secondly simplistic.


bullshit. Every shareholder of a corporation is equal before the law. So there is no way to say that Hobby Lobby can deny something based on religion without also saying that applies to every shareholder of every corporation which will inevitably result in unresolvable conflict. The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that obeys the law burdens their conscience.

(in reply to Phydeaux)
Profile   Post #: 22
RE: The next shoe to drop.... - 11/27/2013 11:23:42 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
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quote:

ORIGINAL: DomKen
bullshit. Every shareholder of a corporation is equal before the law. So there is no way to say that Hobby Lobby can deny something based on religion without also saying that applies to every shareholder of every corporation which will inevitably result in unresolvable conflict. The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that obeys the law burdens their conscience.


The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that is exempt from a law burdens their conscience, too.

Wouldn't the majority opinion of shareholders be what counts, not each individual shareholder, individually?



_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to DomKen)
Profile   Post #: 23
RE: The next shoe to drop.... - 11/27/2013 2:50:32 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: DomKen
bullshit. Every shareholder of a corporation is equal before the law. So there is no way to say that Hobby Lobby can deny something based on religion without also saying that applies to every shareholder of every corporation which will inevitably result in unresolvable conflict. The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that obeys the law burdens their conscience.


The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that is exempt from a law burdens their conscience, too.

Wouldn't the majority opinion of shareholders be what counts, not each individual shareholder, individually?



So the majority can over rule someone's religious conscience? Is that really a position you want to take? That the law should favor the majority's religious beliefs over the minority?

(in reply to DesideriScuri)
Profile   Post #: 24
RE: The next shoe to drop.... - 11/27/2013 3:39:37 PM   
JstAnotherSub


Posts: 6174
Status: offline
I went with the Bronze plan, because it matched what I have had for the past 10 years.

My premiums are $66 a month. I have an HRA of $500.

Since 100% of preventative care is covered, the only year I have had to put out more money than my premiums is one year when I was in the hospital for 2 days with a ruptured ovarian cyst. The years I have just had to make one office visit or so for the cruds and get my regular RX's, the HRA is enough to cover it all, and any leftover carries over to the following year.

I looked at the Silver and Gold plans, and chose the Bronze one because it fits me the best. Some of my employees chose other levels because it met their needs the best.

As for getting an appointment with my doctor, that is a whole different story. They are so bogged down (or so they say) with the new computer system they have to use that they have had no appointments available for 2 months now, due to "half booking".

I do not expect this new insurance plan to be the answer, in fact it will probably lead to more problems. Purchasing a Bronze plan is not going to be the reason it fails though.

:::::::::::::::runs out of P&R:::::::::::::::::::::::

_____________________________

yep

(in reply to Phydeaux)
Profile   Post #: 25
RE: The next shoe to drop.... - 11/27/2013 4:53:04 PM   
Politesub53


Posts: 14862
Joined: 5/7/2007
Status: offline

quote:

ORIGINAL: DesideriScuri

"The whole thing" is not the same as "All the major parts," Ken.

I would consider the tax exemptions for money spent towards qualified medical costs as a major part, personally. That certainly isn't in Obamacare.

Your argument about Romneycare, Heritage, and Obamacare is with Phydeaux. I'm not getting into it, as I have no desire to compare and contrast them.



So what percentage of "The whole thing" is "all major parts", given whats left is, by definition, all minor parts ?

Got to love your convoluted spin.



(in reply to DesideriScuri)
Profile   Post #: 26
RE: The next shoe to drop.... - 11/27/2013 5:04:25 PM   
Phydeaux


Posts: 4828
Joined: 1/4/2004
Status: offline

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Phydeaux

Regarding corporations getting to have religion...

Its quite disingenious to suggest thats what the case is about.

The court has already ruled that a religious institute can fire someone that doesn't reflect the lifestyle or values of the institution.
For example, there is no requirement for the catholic church to tolerate a teacher that preaches there is no god.

So the questions here are -
To what extent do these liberties apply to companies that are not religious in nature.
Do catholic teaching institutes get to not have contraception - obama has ruled they must.
What about companies such as hobby land - where the owners tithe, are closed on sundays.

Frankly, its going to depend on what level of interest the supremes are going to have as the burden of proof.

If it were an individual - the government would have to show a compelling interest to abridge religious liberty.
It isn't - but then the question becomes - well what if an individual had filed suit? Will the court be activist and use this as a vehicle to rule as if an individual had filed?

If not, there is still the question - what about due process rights?
The court has, over 100 years ruled that corporations do in fact have "rights', as the courts acknowledge that businesses are merely collections of individuals for the purpose of doing business.

Do individuals surrender their rights merely because they choose to engage in business?

This is just scratching the surface of the issues presented in these cases. So you to present this as hard and fast "corporations don't have rights"
in the first place is wrong -and secondly simplistic.


bullshit. Every shareholder of a corporation is equal before the law. So there is no way to say that Hobby Lobby can deny something based on religion without also saying that applies to every shareholder of every corporation which will inevitably result in unresolvable conflict. The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that obeys the law burdens their conscience.


Simply factually not true.

Its the whole reason, for example, that there are different classes of stock. The rights of each shareholder differ according to the bylaws of the corporation, class of stock etc.

For example - in many companies 10% ownership entitles you to a seat on board of directors. 9% does not....

(in reply to DomKen)
Profile   Post #: 27
RE: The next shoe to drop.... - 11/27/2013 5:06:34 PM   
Phydeaux


Posts: 4828
Joined: 1/4/2004
Status: offline

quote:

ORIGINAL: JstAnotherSub

I went with the Bronze plan, because it matched what I have had for the past 10 years.

My premiums are $66 a month. I have an HRA of $500.

Since 100% of preventative care is covered, the only year I have had to put out more money than my premiums is one year when I was in the hospital for 2 days with a ruptured ovarian cyst. The years I have just had to make one office visit or so for the cruds and get my regular RX's, the HRA is enough to cover it all, and any leftover carries over to the following year.

I looked at the Silver and Gold plans, and chose the Bronze one because it fits me the best. Some of my employees chose other levels because it met their needs the best.

As for getting an appointment with my doctor, that is a whole different story. They are so bogged down (or so they say) with the new computer system they have to use that they have had no appointments available for 2 months now, due to "half booking".

I do not expect this new insurance plan to be the answer, in fact it will probably lead to more problems. Purchasing a Bronze plan is not going to be the reason it fails though.

:::::::::::::::runs out of P&R:::::::::::::::::::::::


It may have matched what you have had - but since your premiums are $66 a month, now the govt is picking up the rest - which is probably hundreds a month.


(in reply to JstAnotherSub)
Profile   Post #: 28
RE: The next shoe to drop.... - 11/27/2013 5:21:20 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: Phydeaux
Simply factually not true.

Its the whole reason, for example, that there are different classes of stock. The rights of each shareholder differ according to the bylaws of the corporation, class of stock etc.

For example - in many companies 10% ownership entitles you to a seat on board of directors. 9% does not....

That's the bylaws of the corp. not the actual you know law. In the law every shareholder, of the same class of stock, is equal.

(in reply to Phydeaux)
Profile   Post #: 29
RE: The next shoe to drop.... - 11/27/2013 9:07:07 PM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: DomKen
quote:

ORIGINAL: DesideriScuri
quote:

ORIGINAL: DomKen
bullshit. Every shareholder of a corporation is equal before the law. So there is no way to say that Hobby Lobby can deny something based on religion without also saying that applies to every shareholder of every corporation which will inevitably result in unresolvable conflict. The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that obeys the law burdens their conscience.

The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that is exempt from a law burdens their conscience, too.
Wouldn't the majority opinion of shareholders be what counts, not each individual shareholder, individually?

So the majority can over rule someone's religious conscience? Is that really a position you want to take? That the law should favor the majority's religious beliefs over the minority?


The law? Um, I'm talking about shareholders, where the majority certainly does rule. Please try to follow.


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to DomKen)
Profile   Post #: 30
RE: The next shoe to drop.... - 11/27/2013 9:10:47 PM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: Politesub53
quote:

ORIGINAL: DesideriScuri
"The whole thing" is not the same as "All the major parts," Ken.
I would consider the tax exemptions for money spent towards qualified medical costs as a major part, personally. That certainly isn't in Obamacare.
Your argument about Romneycare, Heritage, and Obamacare is with Phydeaux. I'm not getting into it, as I have no desire to compare and contrast them.

So what percentage of "The whole thing" is "all major parts", given whats left is, by definition, all minor parts ?
Got to love your convoluted spin.


Convoluted spin?!? DomKen claims that "the whole thing" (Obamacare) was brought forth by Republicans before. That is certainly not correct. While the majority of things within Obamacare certainly were part of the HEART Act of 1993 (which I have not disputed), all the items in Obamacare were not. And, Obamacare left out a major part of the HEART Act of 1993 (the tax exemptions mentioned).

The disingenuous spin is DomKen's.


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to Politesub53)
Profile   Post #: 31
RE: The next shoe to drop.... - 11/27/2013 10:01:23 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: DomKen
quote:

ORIGINAL: DesideriScuri
quote:

ORIGINAL: DomKen
bullshit. Every shareholder of a corporation is equal before the law. So there is no way to say that Hobby Lobby can deny something based on religion without also saying that applies to every shareholder of every corporation which will inevitably result in unresolvable conflict. The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that obeys the law burdens their conscience.

The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that is exempt from a law burdens their conscience, too.
Wouldn't the majority opinion of shareholders be what counts, not each individual shareholder, individually?

So the majority can over rule someone's religious conscience? Is that really a position you want to take? That the law should favor the majority's religious beliefs over the minority?


The law? Um, I'm talking about shareholders, where the majority certainly does rule. Please try to follow.


But we're talking about the 1st amendment and there the majority certainly does not rule.

(in reply to DesideriScuri)
Profile   Post #: 32
RE: The next shoe to drop.... - 11/27/2013 10:59:32 PM   
Phydeaux


Posts: 4828
Joined: 1/4/2004
Status: offline

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Phydeaux
Simply factually not true.

Its the whole reason, for example, that there are different classes of stock. The rights of each shareholder differ according to the bylaws of the corporation, class of stock etc.

For example - in many companies 10% ownership entitles you to a seat on board of directors. 9% does not....

That's the bylaws of the corp. not the actual you know law. In the law every shareholder, of the same class of stock, is equal.


But you're evading the fact that NOT all shareholders are created equal, Mr. Expert in every field.
I already brought up that there are different classes of shareholders.
And this doesn't even being to cover things like the more recent llc's or other more esoteric ownership structures.

(in reply to DomKen)
Profile   Post #: 33
RE: The next shoe to drop.... - 11/27/2013 11:03:38 PM   
Phydeaux


Posts: 4828
Joined: 1/4/2004
Status: offline

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Phydeaux

Like I said .. in your mind.

Of course you were the guy that said they weren't going to take the case at all.. what was it you said.
Oh yeah. Something like if the courts decided to take it up it would overturn centuries of established precedent...
Feel free to correct me with your exact quote.....


You ran away after I proved your claims were lies. You had no response because there was no way to walk back the fact that every claim you had made were lies.
http://www.collarchat.com/fb.asp?m=4590526

As to the Court, I had incorrectly assumed that no appellate court would find that a corporation had a religion. Since 1 did the case now has to be ruled on by the Supreme Court. You still have the problem that there is a mountain of precedent saying corporations do not have religion and on the other side you have a couple of W judges saying otherwise. The Court can destroy its last shreds of credibility or it can find the obvious, corporations do not have religion.


Laughing - no I was more than adequately satisified that anyone with a shred of intelligence and an ounce of honesty could see the two plans are not the same. Therefore there was no reason to argue it further.

You feel free to persist in your idiocy that romney care and obamacare are the same..

As to the court - I am not certain how they will rule. Your argument is completed unrelated to the case at hand. But how they will rule - meh.

(in reply to DomKen)
Profile   Post #: 34
RE: The next shoe to drop.... - 11/27/2013 11:04:57 PM   
Phydeaux


Posts: 4828
Joined: 1/4/2004
Status: offline
Oh - and to whoever said that doctors are not and will not flee obamacare:

Yes, they are, and yes they will:

http://washingtonexaminer.com/survey-doctors-rebelling-against-obamacare-hospitals-declining-to-join/article/2539830


(in reply to Phydeaux)
Profile   Post #: 35
RE: The next shoe to drop.... - 11/27/2013 11:08:38 PM   
Phydeaux


Posts: 4828
Joined: 1/4/2004
Status: offline
Just thought this piquant requote was in order:

Couple this with the assessment of his closest aide, Valerie Jarrett, about his exceptionalism. “He knows exactly how smart he is,” she told Obama biographer David Remnick. “And he knows that he has the ability -- the extraordinary, uncanny ability -- to take a thousand different perspectives, digest them and make sense out of them.”

Obama “has never really been challenged intellectually,” she went on. “He’s been bored to death his whole life. He’s just too talented to do what ordinary people do.”

(in reply to Phydeaux)
Profile   Post #: 36
RE: The next shoe to drop.... - 11/27/2013 11:25:17 PM   
popeye1250


Posts: 18104
Joined: 1/27/2006
From: New Hampshire
Status: offline
And the people that "engineered" this mess think that "young people" in their 20's will be signing up in droves.
*Twenty five year old guy: "Hmmmm, I could take this $400 a month and buy healthcare with it which I'll probably never need or,.......I could be driving a brandnew Ford Mustang 5.0 with 435 horse power."
"Healthcare,......Mustang?" "Healthcare,......Mustang?"
Please tell me that those people don't have college degrees.

_____________________________

"But Your Honor, this is not a Jury of my Peers, these people are all decent, honest, law-abiding citizens!"

(in reply to Phydeaux)
Profile   Post #: 37
RE: The next shoe to drop.... - 11/28/2013 8:01:25 AM   
Phydeaux


Posts: 4828
Joined: 1/4/2004
Status: offline

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Phydeaux
Simply factually not true.

Its the whole reason, for example, that there are different classes of stock. The rights of each shareholder differ according to the bylaws of the corporation, class of stock etc.

For example - in many companies 10% ownership entitles you to a seat on board of directors. 9% does not....

That's the bylaws of the corp. not the actual you know law. In the law every shareholder, of the same class of stock, is equal.


And except for, ya know, it is the actual law. This is why shareholders can bring suit when a corporation doesn't obey its by-laws.
You know. a LAW suit.

(in reply to DomKen)
Profile   Post #: 38
RE: The next shoe to drop.... - 11/28/2013 8:48:03 AM   
JstAnotherSub


Posts: 6174
Status: offline
never mind.....not pertinent to the direction the thread has gone in.

< Message edited by JstAnotherSub -- 11/28/2013 8:49:12 AM >


_____________________________

yep

(in reply to Phydeaux)
Profile   Post #: 39
RE: The next shoe to drop.... - 11/28/2013 5:59:51 PM   
LookieNoNookie


Posts: 12216
Joined: 8/9/2008
Status: offline

quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: DomKen
So your quibble is with a rhetorical flourish? Really? Maybe in the future you will stay out of an argument I already won.


It was no rhetorical flourish, Ken. Not from you.

And, you didn't win the argument.



But......he said he did?

(in reply to DesideriScuri)
Profile   Post #: 40
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