SCOTUS’ Birthday Present for George Orwell

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SCOTUS' Birthday Present for George Orwell

I saw this tweet from the Uni­ver­sity of Col­orado Eng­lish Depart­ment this evening:

I didn’t real­ize today was Orwell’s birth­day but the irony of that quote is astound­ing con­sid­er­ing Jus­tice Robert’s Old Yellowstain’s words here:

The Afford­able Care Act con­tains more than a few exam­ples of inart­ful draft­ing. (To cite just one, the Act cre­ates three sep­a­rate Sec­tion 1563s. See 124 Stat. 270, 911, 912.) Sev­eral fea­tures of the Act’s pas­sage con­tributed to that unfor­tu­nate real­ity. Con­gress wrote key parts of the Act behind closed doors, rather than through “the tra­di­tional leg­isla­tive process.” Can­nan, A Leg­isla­tive His­tory of the Afford­able Care Act: How Leg­isla­tive Pro­ce­dure Shapes Leg­isla­tive His­tory, 105 L. Lib. J. 131, 163 (2013). And Con­gress passed much of the Act using a com­pli­cated bud­getary pro­ce­dure known as “rec­on­cil­i­a­tion,” which lim­ited oppor­tu­ni­ties for debate and amend­ment, and bypassed the Senate’s nor­mal 60-​vote fil­i­buster require­ment. Id., at 159167. As a result, the Act does not reflect the type of care and delib­er­a­tion that one might expect of such sig­nif­i­cant legislation.

and this other Orwell quote on lan­guage:

Polit­i­cal lan­guage… is designed to make lies sound truth­ful and mur­der respectable, and to give an appear­ance of solid­ity to pure wind.

applies here as well

Peti­tion­ers’ plain-​meaning argu­ments are strong, but the Act’s con­text and struc­ture com­pel the con­clu­sion that Sec­tion 36B allows tax cred­its for insur­ance pur­chased on any Exchange cre­ated under the Act.

I think these exam­ples con­firm the truth of Jus­tice Scalia’s dis­sent and con­firms this tweet of mine in response to the Col­orado Eng­lish Depart­ment acknowl­edge­ment of Orwell:

I think George Orwell’s birth­day deserves recog­ni­tion but I sus­pect it would have been bet­ter for the coun­try if they just sent flowers.

Update: An old ques­tion answered:

Of course they could both be true depend­ing of how she defined “diabolical”.

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I saw this tweet from the University of Colorado English Department this evening:

I didn’t realize today was Orwell’s birthday but the irony of that quote is astounding considering Justice Robert’s Old Yellowstain’s words here:

The Affordable Care Act contains more than a few examples of inartful drafting. (To cite just one, the Act creates three separate Section 1563s. See 124 Stat. 270, 911, 912.) Several features of the Act’s passage contributed to that unfortunate reality. Congress wrote key parts of the Act behind closed doors, rather than through “the traditional legislative process.” Cannan, A Legislative History of the Affordable Care Act: How Legislative Procedure Shapes Legislative History, 105 L. Lib. J. 131, 163 (2013). And Congress passed much of the Act using a complicated budgetary procedure known as “reconciliation,” which limited opportunities for debate and amendment, and bypassed the Senate’s normal 60-vote filibuster requirement. Id., at 159–167. As a result, the Act does not reflect the type of care and deliberation that one might expect of such significant legislation.

and this other Orwell quote on language:

Political language… is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.

applies here as well

Petitioners’ plain-meaning arguments are strong, but the Act’s context and structure compel the conclusion that Section 36B allows tax credits for insurance purchased on any Exchange created under the Act.

  I think these examples confirm the truth of Justice Scalia’s dissent and confirms this tweet of mine in response to the Colorado English Department acknowledgement of Orwell:

I think George Orwell’s birthday deserves recognition but I suspect it would have been better for the country if they just sent flowers.

Update:  An old question answered:

Of course they could both be true depending of how she defined “diabolical”.

********************************************************************

If you like what you see and want to help support me & my magnificent seven please consider helping us make our annual goal.

My goal for 2015 is Twenty Two grand which will give me a nominal living doing this.

Olimometer 2.52

That gets all the bills paid. (including my writers like Fausta)  If I can get to Forty Thousand I can afford to travel outside of New England and/or hire me a blogger to help me get it done.

Consider Subscribing 100 Subscribers at $20 a month will get the job done.

 

Our June Premium for tip jar hitters of $50 or more is Elizabeth The Anchoress Scalia Strange Gods: Unmasking the Idols in Everyday Life

Subscribe at $50 or more in and receive each monthly premium shipped the date of your payment.

All Tip Jar hits of $10 or more will get a copy of Jeff Trapani’s excellent E-Book Victor the Monster Frankenstein.