Same Sex Marriage in Michigan, Ohio, Kentucky, and Tennessee: An Analysis of DeBoer v. Snyder

November 17, 2014

DeBoer v. Snyder, No. 14-1341, is one of six cases, consolidated on appeal to the 6th Circuit Court of Appeals, addressing same sex marriage. In a 2-1 decision on November 6, the 6th Circuit became the first circuit court which refused to permit same sex marriage in the aftermath of Windsor v. United States.

The majority opinion was written by Judge Jeffrey Sutton, a well-known conservative judge from Ohio. The case is about process, Judge Sutton tells us. His second sentence reads:  “From the vantage point of 2014, it would now seem, the question is not whether American law will allow gay couples to marry; it is when and how that will happen.”

Judge Sutton

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Health Insurance: Getting Personal!

November 15, 2014

Open enrollment is here under the Affordable Care Act. That means we’re in “get ready for crap” mode, where anything and everything that is wrong with healthcare gets blamed on the ACA aka Obamacare. Think Benghazi, only local!

I take the health care thing personally. Pre-ACA, I was uninsurable in the private market, dependent for coverage on AHCCCS (Arizona Health Care Cost Containment System), which had a plan for self-employed individuals. (AHCCCS is Medicaid in Arizona because, well, we’re Arizona. My state was the last state to adopt Medicaid, and we go our own way!) Our insurance program depended on the good graces of the Arizona legislature, a dependency no one should have, ever. (We covered our daughter separately, just

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Focus

November 14, 2014

I ran across Why Bill Gates and Warren Buffett Are So Successful, in One Word earlier today. It’s a short piece by Greg McKeown, and it’s worth a look-see.

Bill Gates and Warren Buffett are close. Very close, in fact! The Buffett money ends up, mostly, in the Bill and Melinda Gates Foundation, and the two men are bridge and burger buddies. (Bill Gates’ late mother introduced her son to Warren Buffett.)

So what’s the word? Focus, both as a noun—having one—and as a verb, i.e., to focus. Mr. McKeown provides examples of focus in both ways, and even offers a four-square grid. Fine and dandy, and a couple of Gates/Buffett stories are fine, too, but for me the

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Lame Ducks

November 13, 2014

Lame duck” in politics refers to an office-holder after his or her last election, and to a legislative session after an election and before the winners have been sworn in. (The link, to a delightful 2009 article from the Denver Post by Ed Quillen about the origins of the term, uses a narrower definition, referring only to “an office-holder whose replacement has been elected but not sworn in.”)

Favorite gasbag Senator Ted Cruz (R-Tex.) has been erupting, of late, about lame ducks. Here he is, on Breitbart News Sunday:

I don’t think Congress should come back for a lame duck. I think the idea of having a bunch of Senators who have just been thrown out of

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The Wednesday Curator – 11/12/14

November 11, 2014

Been in Sears lately? If you say yes, I’m sorry, and if you say no, you’ve missed nothing more than a viewing of a sad carcass. Here’s Ayn Rand-Loving CEO Destroys His Empire, written by Lynn Parramore for Salon last December. The Ayn Rand lover is Eddie Lampert, and he was certainly working in a tough environment for retail, but his actions are shameful and disheartening. (For an uplifting story about Sears, read Julius Rosenwald: The Man Who Built Sears, Roebuck and Advanced the Cause of Black Education in the American South by Peter Ascoli. It’s the story of one of the Sears founders, and about the schools he built in the still-segregated South.)

I heard Harry Shearer on

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

November 10, 2014

I was writing about the 6th Circuit 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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Take on Tuesday

November 8, 2014

Rotten! Just rotten!!! That’s my short take on Tuesday. More thoughts:

  1. Talk About the Good Stuff. You’re a Democrat in 2014. You’re tied to President Obama, whether you like it or not, so tell people we’re better off than we were six years ago. Two years ago, too! Lots of stats show this, from unemployment to the stock market to the deficit, yada, yada, yada! And when people say “my life isn’t better,” ask them why they think that’s the case. Are Republicans concerned about the wealth gap? Do they support higher wages? Are they concerned about you, Mr. and Ms. Regular Person? No, no, and no! And what have Republicans in Congress done for you lately?
  1. Be Courageous
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Family Wellness Expo @ the J

November 6, 2014

On Sunday from noon until 4 p.m. I’ll be at the Tucson Jewish Community Center for the Family Wellness Expo @ the J. Details are here. Along with an associate I’ll be staffing the Mesch, Clark & Rothschild, P.C. booth, providing information about basic estate planning for families. (Yes, wellness includes taking care of minor issues like “what happens when I’m gone.” And no, estate planning isn’t just for rich people!)

Kudos to the J for hosting/putting this fine event together. Stop by, say hello, learn a bit about basic estate planning issues, and take advantage of our special offer. (I believe the event, in its first year, has 50+ booths.)

Finally, look for my Take on Tuesday, most

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The Wednesday Curator – 11/5/14

November 4, 2014

The 2014 election cycle is wrapping up as I curate for November 5. No comments on the elections, directly, but most of this week’s issue focuses on politics at the edges—and, in the final selection—the missing center.

Courtesy of my friend Tony Canton, here’s some provocative thinking from David Schanzer and Jay Sullivan, writing for the New York Times on November 2:  Cancel the Midterms. Borrowing from my life in nonprofits—and with the recognition that government can no more be run like a charity than it should be run like a business—it may be time to look at our governance model. The conceit that what worked in 1787 should work now, even with the several amendments to the

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Campaign Financing, Citizens United, and Disgust!

November 3, 2014

Tuesday is Supreme Court day here at Mark Rubin Writes. Alas, on the first Tuesday in November in even numbered years, we also have federal elections, which brings to mind a natural nexus between the Court and elections. What‘s the nexus, you ask. Citizens United v. Federal Election Commission, No. 08-205.

Many have heard much about Citizens United. The big play is “corporations are people, my friend,” the statement from Governor Mitt Romney during the 2012 campaign. Here’s a bit of reality about what Citizens United did and did not do, and why it has helped in furthering the destruction of our politics.

Citizens United began as a case about whether the Federal Elections Commission has the constitutional

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