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More on Health Care … and We v. Me-I

May 5, 2017

King v. Burwell: The Affordable Care Act and the Supreme Court Meet Again

November 10, 2014

I was writing about the 6thCircuit decision in DeBoer v. Snyder, No. 14-1341. In a 2-1 ruling the Court reversed trial court rulings which gave same-sex couples the right to marry. The majority opinion is long, interesting and engaging and, in the opinion of the dissenting judge (and me), it totally misses the point. Nevertheless, the decision creates a split in the circuits, making it highly likely that the Court will take up same-sex marriage. (I will write about DeBoer soon.)

Alas, on Friday the Court granted certiorari in King v. Burwell, No. 14-114, so I it comes first. In King, “victims” of the Affordable Care Act challenged the federal government’s authority to provide

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People v. Trump and the Abortion Ruling

April 14, 2024

Mark Rubin

People v. Trump and the Abortion Ruling

On Substack and Writing

“Substack is coming soon.” (3/10/2024)

“Define soon, lol.”

I am trying to figure out Substack. Setup offers a logo, and I’m damned if I can figure out to work that. Yes, yes, I can hire someone, but that’s not on my agenda right now. Lots of additional setup issues, so stay tuned.

I have mentioned from time to time that I defer to professional writers if I don’t think I have a fresh perspective or special knowledge. That, and being overcommitted, has limited me. Today, though, I have some random thoughts. Hoping this will be my last post on this platform. (I think my Substack link is: https://substack.com/@markrubinwrites,

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U.S.A v. Trump

June 9, 2023

Mark Rubin

U.S.A v. Trump

Donald J. Trump

A grand jury indicted Donald John Trump in the United States District Court for the Southern District of Florida. Let’s be clear about several thing, straightaway:

Everyone is presumptively innocent until a jury renders a guilty verdict.
The indictment and the evidence have not been shared by the government.
No one – in my humble opinion – should take pleasure about the fact of this indictment, but Mr. Trump created this situation completely. The indictment does not make our nation a banana republic. Bad acts deserve appropriate consequences!

People get prosecuted for taking classified documents. Former CIA Director and General David Petraeus. (Probation for 2 years and a $100,000 fine.) Sandy Berger,

Donald J. Trump

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The Activist U.S. Supreme Court

June 30, 2022

Mark Rubin

The Activist U.S. Supreme Court

Mark Rubin

The activist U.S. Supreme Court brought down the curtain on its shameful, disgraceful, truly mind-bendingly awful 2021-22 Term. Lots of bad, bad decisions: and many more that show a work-a-day Court that resolves complex disputes that get little attention.* Here are the highlights:

Guns

In New York Rifle & Pistol Association, Inc. v. Bruen, No. 20-843, the Supreme Court issued its 6-3 opinion, setting aside as unconstitutional a law in effect in New York for more than 100 years. It took the majority and three of its six Justices 77 pages to explain why that 100 year old law was unconstitutional.

The Second Amendment is an abomination as a drafted statement.

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The Supreme Court and COVID: Depressing

January 8, 2022

Mark Rubin

The U.S. Supreme Court and COVID: Depressing

Mark Rubin

The Supreme Court and COVID: Depressing

Let’s be clear: the U.S. Supreme Court has not ruled in NFIB v. OSHA, No. 21A244 and Biden v. Missouri, No. 21A240. Pigs might fly, too – like the one who lives in the wooden frame on the wall in my family room – and and the Court might uphold the OSHA and Centers for Medicare and Medicaid Services regulations. (Leigh’s known the pig longer than I have – polite-speak for, It’s hers – and she assures me, from time to time, that it’s not a photo.)

The NFIB Case

The NFIB case involves an OSHA regulations that requires vaccines or a masks

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Welcome, Anarchists. Can We Get You a Menu?

September 3, 2021

Mark Rubin

Welcome, Anarchists. Can We Get You a Menu?

Mark Rubin

A Texas Thing

The law at issue comes from Texas, of course. That self-important, self-reverent, self-righteous pustule on the bottom of the lower 48. The place where an Executive Order prevents any political jurisdiction from mandating that people wear masks because: freedom, but where anyone can sue anyone, repeatedly, if they think they were involved with the act of obtaining a constitutionally lawful abortion in Texas.

The Texas Heartbeat Act

The Texas Heartbeat Act bans abortions after a heartbeat can or should be detected; roughly six weeks after conception. Roe and Casey violative, at its core the law represents a very aggressive attempt to undermine the constitutionally protected right to

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The Supreme Court: This Week (6/14 – 6/21/2020)

June 20, 2020

Mark Rubin

The Supreme Court: This Week (6/14 – 6/21/2020)

U.S. Supreme Court Building

A doozy, this week, with plenty to observe! The week began on Monday with the decision in Bostock v. Clayton County, etc. and two related cases (Nos. 17-1618 and 23, and 18-107) aka the Title VII same sex / transgender cases. On Thursday, the Court issued its opinion in Department of Homeland Security v. Regents of the University of California, No. 18-587, the DACA case. Earlier, the Court rejected certiorari writs in 10 Second Amendment cases.

For those who thought they bought the Court when they elected Donald J. Trump, this was a very bad week. But, a good week it was for the rule of

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We Didn’t Start the Fire: 5th Edition

May 18, 2020

Mark Rubin

We Didn’t Start the Fire

Billy Joel

Here’s the fifth iteration of We Didn’t Start the Fire (Annotated), first published on July 13, 2014 and last posted on February 10, 2018. For whatever it’s worth, no post at Mark Rubin Writes gets more views.

we didn't start the fire

Christie Brinkley

Elle Macpherson

William M. Joel writes and sings songs. On March 23, 1985 he married tall and very classy Christie Brinkley. (They divorced on August 25, 1994.) Was Ms. Brinkley the Uptown Girl in Uptown Girl, Mr. Joel’s big 1983 hit song? Only maybe, for while Mr. Joel—the short, Downtown Guy—knew and was friendly with Ms. Brinkley when he wrote the song, at the time he was dating taller very Uptown babe

“The King and I, ” and “The Catcher in the Rye”, AIDS, Alabama, Bardot, Bay of Pigs invasion, Begin, Belgians in the Congo, Ben Hur, Berlin, Bernie Goetz, Billy Joel, Birth control, Bridge on the River Kwai, British Beatlemania Ole Miss, British Politician Sex, Brooklyn’s got a winning team Davy Crockett, Budapest, Buddy Holly, California Baseball, Campanella, Castro, Charles de Gaulle, Children of Thalidomide, Communist Bloc, Crack, Dacron Dien Bien Phu Falls, Disneyland, Doris Day, Dylan, Edsel is a no‑go, Eichmann, Einstein, Eisenhower, Elvis Presley, England’s got a new queen Marciano, Foreign debts, H‑Bomb, Harry Truman, heavy metal, Hemingway, Ho Chi Minh, homeless Vets, J.F.K., James Dean, Joe DiMaggio, Joe McCarthy, John Glenn, Johnnie Ray South Pacific, Josef Stalin, Juan Peron, Kerouac Sputnik, Khrushchev Princess Grace, Lawrence of Arabia, Lebanon, Liberace, Liston beats Patterson, Little Rock, Mafia Hula Hoops, Malcolm X, Malenkov, Marilyn Monroe, Mickey Mantle, Moonshot, Nasser and Prokofiev Rockefeller, Palestine, Panmunjom Brando, Pasternak, payola and Kennedy Chubby Checker, Peter Pan, Peyton Place, Pope Paul, Psycho, punk rock, Reagan, Red China, Richard Nixon, Rock Around the Clock, Rosenbergs, Roy Cohn, Sally Ride, Santayana goodbye, South Korea, Space Monkey, Starkweather homicide, Stranger in a Strange Land, Studebaker, Sugar Ray, Syngman Rhee, television North Korea, Toscanini, Trouble in the Suez, U-2, vaccine, Walter Winchell, Watergate, Wheel of Fortune, Woodstock, Zhou Enlai

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Impeachment circa 2019

October 11, 2019

Mark Rubin

Impeachment circa 2019

President Donald Trump

Impeachment. It’s on our minds, and I have thoughts about the process and how it’s playing out.

Words matter. So, let’s remember, straightaway, that impeachment represents step one in the process of removing someone from office. That’s it and that’s all!

The Constitution governs our country. And it says, concerning impeachment: The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. See, U.S. Constitution Article 1, Section 5. There’s more, of course, about the Senate’s role as the trial court. But, for now, we’re only dealing with impeachment.

The United States Code includes no statutes which address the impeachment process. Further, the process belongs

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