23 January, 2015

The whole world is struggling tonight
From the disease of deceit.
Lots of people are suffering tonight
From the disease of deceit.

It comes right through the airwaves, straight into the home
Smashes through all defenses and leaves nobody alone.
No part of this plague is easy to beat.
The disease of deceit

There are a whole lot of hopes dying tonight
From the disease of deceit.
Lots of confidence has been shaken tonight
By the disease of deceit.

Steps onto the stage, seeps into the soul
Overpowers our senses and we lose control.
Nothing is sacred and it is not discreet
All that’s precious is threatened by the disease of deceit.

There are a thousand plans failing tonight
From the disease of deceit.
Millions of people are flailing
From the disease of deceit.

Comes at us from everywhere and knocks us down for the count
From the inside and outside the pressure will mount
Puts us into an all-out retreat
The disease of deceit

Deceit is a disease
But there is no medical treatment or magical cure
There has been much research about it
But what it really is nobody’s quite sure

In the whole world over there is trouble tonight
From the disease of deceit.
Lots of heads are spinning tonight
From the disease of deceit.

If delusions of grandeur and an aversion to clues
Give us the feeling we are too smart to lose.
Then our next experience surely will not be sweet
From the disease of deceit.

There is only one way we can turn this around.
Take our heads from the clouds and put our feet on the ground.
This is the only way we can combat and hope to defeat
The threat to us all of the disease of deceit.

It is up to each of us whether we’re high or we’re low.
The treasure of truth is something we all instinctively know.
We must make a commitment and it must be complete.
To the candor that cures the disease of deceit.

08 January, 2015

Admission of Impotence


Once again fanatical followers of Islam have murdered while shouting: Allahu Akbar, literally God is great. This time the atrocity happened in Paris, France, and the attack was directed at editors and cartoonists for the satirical French weekly Charlie Hebdo. By perpetrating this viciousness, the people involved and the movement in which they swarm, showed the weakness and utter futility cloaked within their fury. Although weaponry can make the weak appear mighty and allow malice to murder the peaceful, resorting to violence is an admission of intellectual impotence. The following paragraph makes this point well.

“More than anything, masked gunmen—hiding their faces and shouting "God is great”—show the appalling lack of confidence in their ideas, their ability to participate in public debates, to stand by their arguments, and return to the political process day after day if they suffer setbacks. This is why they are cowards, bullies, killers and yes, evil. This is one version of what evil looks like today.”

When twelve people are killed and eleven are injured in a brutal, premeditated attack, the shock this produces can make it seem as though the attackers or the movement they adhere to are powerful because they are obviously dangerous. In reality, these incidents are admissions of weakness and absolute loss of confidence on the part of the fanatics. They are killing people who dispute their beliefs and refuse to honor their conceptions of the sacred. No matter how fervently they believe what they profess, they have been largely unable to win people to their side.

 Since September 2001many of the fanatics who have restored to outlandish violence have been characterized as Muslim or Islamic. Consequently discussion has often tried to distinguish these brutal actors from Islam itself by talking about a religion of peace. This is intellectually slipshod if it is not intellectually dishonest. Islam does not mean peace; it means submission. In particular, submission to the commands of Allah as revealed by the Prophet Mohammed. True believing Muslims neither support nor recognize the concept of freedom of expression, because their speech and actions are determined by the will of Allah as divinely revealed and not derived from their choices or desires. In other words, true believers deny all others the right to challenge their interpretation of the will of Allah [God, Adonai] and they insist that all others accept their right to dictate proper behavior. While this imparts immense arrogance to the zealots, it does nothing to win the assent of any among the uninitiated.

Consequently, while fanatics feverishly demand that the world submits to their chosen creed, everyone else ignores them, disputes their claim, or even makes fun of their doctrines and dogmas. Because all varieties of fanaticism are so thoroughly unsupported by evidence and logical argument based on evidence, attempts to convince unbelievers are frustrating to put it mildly. Therefore, there is an almost unbearable tension in the minds of fanatics who think they have the one true faith that every human being should accept and follow but are perpetually unable to win over masses outside their circle of belief.

The Prophet Muhammad had little if any humility in regard to the honor he was due saying: "Whoever insults a Prophet kill him." Muhammad convinced many that he was channeling the will of Allah. Thus, all who ignored what he said should be believed or done were thwarting the will of the Almighty. This seemed not a mere difference of opinion, but a potential cosmic calamity. If the Almighty says think this and do this, refusing to comply is stunning and probably dangerous insubordination.

It is this realization that shows what is sought by all zealots whatever creed they claim justifies their fanaticism: they want obedience and they want it now and forever. Because they are the champions of the divine will, this means that others must obey them in all aspects of their earthly lives. People must profess the creed the zealots dictate; behave in the way the zealots demand; dress as the zealots command, and generally never suggest that the zealots are full of bilge water and swamp gas. 

Whether fanatics claim to serve Allah, God or Adonai, the Master Race, the Proletariat, or the Knights of the White Camelia, they are deluded, malicious, and deserve only opposition and defeat. In France, America, England and many other nations we have true and benign ideals that require none to comply unwillingly. Our civic ideals justify the abuse and execution of no one simply for what they think and express. While these ideals are peaceful at times we may have to bear arms in their defense against the comparatively few fanatics who mistake tolerance and openness for vacuity and cowardice.

The newspaper, Charlie Hebdo, and those who worked there, dared to speak uncomfortable truths about people, parties, beliefs and institutions that were intolerant, driven by fanaticism and completely unhesitating in imposing their views on those who did not share them. This malicious and lethal attack was not one on a periodical or journalism but on inquiry, ideas, competing perspectives and beliefs, and on the principle that enlightened societies can allow differences to exist and sustain discourse, debate and a quest for what truly unites people rather than imposing a forced conformity on all citizens.

This ideal of a society of citizens rather than subjects with all rightfully pursuing the truth in the way they choose rather than a realm of indoctrinated and subjugated people submitting to the divine revelation of one or another prophet is worth working for, worth living for, worth fighting for and if need be worth dying for. 

02 January, 2015

Let Americans be Americans Again

The problems plaguing America are caused by and can be cured by Americans becoming Americans again in the truest and best sense to the word. Americans have either abandoned or forgotten five foundational ideals that at times made them listen to the better angels of their nature and strive to make their country what it was meant and ought to be. This poem is inspired by the classic by Langston Hughes and it shares that poems view that many people have come to America with hopes and dreams and they and many others are being let down. This stems from the great economic disparity between people which is built into the system. Essentially the rich get ever richer, and the poor get ever  poorer. This is allowed because too many of us lack real, sustained commitment to equality, democracy. inherent rights, shared opportunity and authentic liberty for all.

If America is to fulfill its promise and be true to its premise, Americans must rediscover and revive their devotion to these ideals.

Let Americans be Americans again.
Let them dream once more the dream that made us see.
Let true patriots arise and renew America’s claim
To being the home of the brave and the land of the free

Let Americans recall the Framers’ aims—
Let them build that bountiful land we swear to love
Where neither tyrants ploys nor traitors games
Force anyone to bow to those above.

Let Americans stand for a true land of Liberty
One unscarred by false pride or jealous greed,
Where the air is redolent of the scent of true Equality,
And Opportunity proliferates to answer every need.

Let us reclaim the poorer Whites, incited, fooled and driven wild,
And welcome the Reds from whom far too much has been seized.
And embrace the Blacks still scarred from being slavery’s child
And accept the Yellows once into interment wrongly squeezed.

Welcome the immigrants clutching fast to hope in desperate need—
Fighting bravely against the same callous, vicious plan
Of hate, fear, spite and power crushing all with rapacious greed.
While seeking to make this country their new and promised land.

Let Americans look to the youth, all full of courage, hope, and daring-do
And keep them safe from that vast, far reaching web of vile shams
Of propaganda, plots and profiteering gain, of malice through and through!
Of broken promises and devious tales promoting nefarious scams

Let Americans demand an end to drive the workers and steal their pay!
Of everything for one’s own lust and none for any other’s need
Let them rally the farmer so dependent on the soil and weather's whim each day.
And enlist the worker enthralled in the corporation’s strangling greed.

Let all Americans dream again the storied dreams.
That hard work, skill and ingenuity can lift them to new heights
That today’s struggle presages the dawn more abundant means.
Let us, though embattled even now, secure to all their Rights.

O, Patriots! You are they who never bowed in the face of woe and fears,
You are they who bravely raised the banner of the hallowed ideals
And battled on while battered and disrespected all these many years.
You alone  never forgot how devotion to the best within us feels.

While dreaming a dream so bright, so right, so true,
It shown through all the stone, concrete and steel,
So forever more its mighty clarion rings forth anew
To make Americans strive to be what they must now become for real.

Americans are children of those who crossed the storm tossed sea
All descendants of travelers from obscure and ominous climes,
Who searched for what might and ought to be
Braving the waves in different ships at different times,

Americans no matter the strand from which their families came
Hope against hope to make themselves and their posterity free.
Can rightly claim American as their honored name
And make America everything to everyone that it might and ought to be.

Let Americans once again recall all the evils we have fought and felled
And sing again all the songs we so long have sung
And hope again all the soaring hopes we have so well and truly held
And lift again all the brave banners that we decades ago had hung,

Though millions now have lost so much almost nothing is left to lose—
Though many are yet striving the cherished name to win
We vow the dream has never died and will not die while we dare to rightly choose!
O’ let Americans be Americans again

We, the people, who have as yet almost never been
Must now see, the land we have is the land we make
And despite the odds, rise and insist Americans be Americans again.
Through the truths we tell and the risks we take

We must recall the meaning of ideals we once so cherished
And as Americans boldly and solemnly true Democracy reclaim
Our principles, purposes, and promises before they have perished
We must again lift our national vision and focus on the highest plain.

Americans: Female, Male, Brown, Red, Yellow, Black and White
All need to focus on the who, what, where, why and when
And, come together to awaken and renew the glorious fight
That as Americans we resolutely unite and truly are Americans once again!

06 September, 2014

Carry it On!

New American Standard Bible                       Micah 6:8
 “He has told you, O man, what is good; and what does the LORD require of you but to do justice, to love kindness, and to walk humbly with your God?”

In the eulogy for Michael Brown, Reverend Sharpton, began with the above Biblical reference. For believers this should be a compelling guide to proper conduct, but like other wise words it seems to get lost in the transmission. How complicated is the good?  Not very it seems: do justice, love kindness, and show humility.  These three things are possible for us all, but they are not common practice. Not only can we do better, we must do better.

Those who must do better, in this case includes all Americans. It does not pertain only to Black Americans, White Americans, Hispanic Americans or any subgroup of Americans. Every one of us who has ever been proud to be an American and who has ever claimed to love America must put the words into action and once and for all become the people we have always boasted of being.

One hundred and fifty years have passed since the Emancipation Proclamation and America is still a house divided. Now, however, it is more divided than ever. The political process is infested with internal subversion from a group of Neoconfederates who want to roll back the elapsed century and a half. Religious fundamentalists and seditious proponents of Posse Comitatus are driving fissures throughout the culture. One faction rejects science and the other one denies the legitimacy of the federal government.  Despite all these centrifugal forces, Americans of goodwill must remember and defend the principles and purposes that form the basis of the Republic and our birthright as citizens.
As Reverend Sharpton said, “We must turn our chants into change and turn our demonstration into legislation.” It is time to turn the tragic moment into a dynamic movement. We must, once again, “Carry it on”.

“There's a man by my side walking
There's a voice within me talking,
There's a voice, within me saying,
Carry on, carry it on.”

Literally or figuratively, each of us must see the person beside us walking; we must hear the voice within us talking, and the word within us saying: Carry on, Carry it on! Over the course of nearly two and one half centuries, Americans have basked in the glow of noble ideals. Many acts of heroism have been committed on behalf of these uplifting premises and enduring purposes. Nonetheless, we, as a people, have been nowhere near as good as our words. In a nation founded on the premises of human equality and unalienable rights, a large proportion of the population was enslaved.

This moral contradiction persisted until the internecine blood bath known as the Civil War drowned it out. After nearly four years of war committing families against families and section against section, the Slave Power was defeated and actual, legalized slavery was destroyed. It was only a short time, however, that the bigotry nurtured in the Slave Power reasserted itself and ushered in nearly a century of unabashed White Supremacy and rampant race-based injustice under the general caption – Jim Crow.

Almost as soon as the guns fell silent in the Civil War, Southern states instituted a practice known as “convict leasing.”  This scheme essentially restored slavery and provided "one of the harshest and most exploitative labor systems known in American history." Due to zealous and selective law enforcement and biased sentencing, African Americans, mostly adult males, made up the vast majority—but not all—of the convicts leased. Douglas A. Blackmon describes convict leasing as follows: “a system in which armies of free men, guilty of no crimes and entitled by law to freedom, were compelled to labor without compensation, were repeatedly bought and sold, and were forced to do the bidding of white masters through the regular application of extraordinary physical coercion.” It is vital to note that this practice peaked in 1880 through 1928, but actually persisted until 1944 when Mississippi finally abandoned it.

They will tell their empty stories,
Send their dogs to bite our bodies,
They will lock us up in prison,
Carry on, carry it on.

Perpetrators of oppression and racial injustice will lie and propagandize. They will provide disinformation rather than information; they will impugn the character of the victims of injustice and extol the virtue of the purveyors of injustice. They will use dogs, fire hoses, rubber bullets, tear gas and laser sighting to harm or threaten those who protest. They will arbitrarily imprison and unfairly intimidate protesters and those covering the protests.

“The people of Ferguson and those in solidarity with them took to the streets within a context of racial repression broader than just one horrific shooting. Between 2005 and 2012, African-Americans have been killed by white police officers at the rate of nearly twice a week. In the month preceding Brown’s slaying, police in this country killed at least four unarmed black men. And in a state like Missouri, African-American drivers are the targets of 92 percent of vehicle searches conducted by police, even though illegal items are found in less than 25 percent of these searches.” This zealous and selective law enforcement persists until this day. Black men are imprisoned at wildly disproportionate rates. For White males, roughly 1 in 106 are incarcerated versus 1 in 15 for African American males and 1 in 36 for Hispanic males. Although Black and Brown people are roughly 30 percent of the general population, they are 60 percent of the prison population. “African Americans were twice as likely to be arrested and almost four times as likely to experience the use of force during encounters with the police.” 

Furthermore, African American women are imprisoned three times more often than white women although women are generally imprisoned at low rates overall.

These disparities in the criminal justice system also deprive Black Americans of their civil rights in many insidious ways. 5.3 million Americans are denied the right to vote based on a past felony conviction. Racial disparities in felony conviction in the criminal-justice system, ultimately denies 13 percent of African American men the right to vote. Such policies have resulted in 11 states denying the right to vote to over 10 percent of their African American population.

This zealous and selective law enforcement, mass imprisonment and consequent over-representation of minorities within the criminal justice and prison system; have imposed an adverse impact on people of color and on their communities. American citizens have met barriers to reintegration into society and to engagement in the democratic process. “Eliminating the racial disparities inherent to our nation’s criminal-justice policies and practices must be at the heart of a renewed, refocused, and re-energized movement for racial justice in America.”

When you can't go on any longer,
Take the hand, hand of your brother,
Every victory brings another,
Carry it on, carry it on.
Carry on, carry it on.

At the heart of racial profiling lurks a presumption of guilt and danger that is unjustly applied to every black person living in America. This changes the relationships among the citizenry and of a portion of the citizenry with authorities.  Black Americans must be on guard against challenges, confrontations, and charges, in a way utterly unfamiliar to White Americans. “Racial profiling does long-term damage to the self-image, self-esteem and ego of the African American,” and it does pervasive damage to the unity and vitality of the body politic. While we White Americans have not directly experienced this toxic suspicion and simmering hostility, we know it exists unless we are willfully ignorant or consumed with prejudice.  Brief reflection would make it clear this situation is neither just nor beneficial. If we do not unite with our fellow Americans to seek and destroy this persistent malady, it will mortally sicken the nation we claim to love.

As you read these words, consider for a moment, actions each of us can take to help expunge the affliction of racial bigotry from our society. March in solidarity, write to our state and national representatives, speak out at city council and school board meetings, blog or write to editors of periodicals, the options are as diverse as each of us. The only thing we must not do is to sit silently by, and to let the death of Michael Brown become just another statistic in a depressing list of them. 

The picture below shows twenty-four people either killed by police or who died in police custody under dubious circumstances over a period of twenty-four years. 

In addition, many other citizens have been subjected to harassment, false imprisonment, and various indignities mainly because they were Black. Selective, overzealous, law enforcement affects Black women as well as Black males.  Alberta Spruill, a 57-year-old New York City employee who was just about to leave for her job, died shortly after a battering ram broke down her apartment door and a flash grenade was heaved into the apartment at 6:00 a. m. The cops handcuffed the quiet church-going Black woman, who tells them she has a heart condition. An ambulance was finally dispatched at 6:32 a. m. Upon arrival at the hospital at 8 a.m., an hour and a half later, Alberta was pronounced dead. What did police find in her apartment? Nothing – no guns, no drugs, and no vicious dogs – they were in the wrong place if there even was a right place. This raid was wrong from the start and the way it was conducted displayed no concern for the human beings inside the targeted apartment.

Kametra Barbour, a mother of three children ages 6, 8, and 9, was pulled over by police in Forney, Texas, following up on a 911 call. The caller described a tan or brown Toyota with four Black males waving a gun. Ms. Barbour drives a burgundy Nissan, is a woman, and had three children and no guns in the car. Despite this, police claimed she and her children “fit the description.”  The only thing Ms. Barbour and her children had in common with the caller’s description was that they were Black. http://www.msnbc.com/politicsnation/watch/mother-mistakenly-handcuffed-by-police-323448899852?cid=eml_mpn_20140902

To paraphrase President Kennedy's Civil Rights Address from June, 1963, “We preach freedom around the world, and we mean it, and we cherish our freedom here at home, but are we to say to the world, and much more importantly, to each other that this is the land of the free except for Blacks; that we have no second-class citizens except Blacks; that we have no class or caste system, no ghettos, no master race except with respect to Blacks?” Of course in 1963, President Kennedy said Negroes, but his words still apply today, as do these:

“One hundred years of delay [151 years] have passed since President Lincoln freed the slaves, yet their heirs, their grandsons, are not fully free. They are not yet freed from the bonds of injustice. They are not yet freed from social and economic oppression. And this Nation, for all its hopes and all its boasts, will not be fully free until all its citizens are free.”

Our country, our compatriots, our children and we deserve better than this. This is not a problem that concerns only our Black sisters and brothers. It is a problem that concerns us all and one that should engage and enrage us all. It is time for us to be as good as the magnificent words to which every American has fallen heir. We must now join together, work together, and stick together until this nation is finally as good and as great as it was meant and ought to be. 

A quote attributed to Benjamin Franklin, says, “Justice will not be served until those who are unaffected are as outraged as those who are.” Regardless of who said it, the observation is true. All White Americans of goodwill and authentic patriotism must become outraged by the flagrant and widespread injustice of overzealous policing inflicted on Black Americans [and to a lesser extent, Latino Americans]. It is time for every American to look past the hue to the human. The time for indifference is long since passed because when one American’s rights are violated all Americans’ rights are violated.

As you read these words, consider for a moment, actions each of us can take to help expunge the affliction of racial bigotry from our society. March in solidarity, write to our state and national representatives, speak out at city council and school board meetings, blog or write to editors of periodicals, the options are as diverse as each of us. The only thing we must not do is to sit silently by, and to let the death of Michael Brown become just another statistic in a depressing list of them.

14 August, 2014

We Need a Revolution!


I say we need a revolution.
I say it’s time to change the world.
I say we can’t wait on evolution.
Right now - let our banner be unfurled.

Don’t talk to me about destruction.
You know the police brought all this about
We know they won’t do right.
I say it’s time we rise and fight.

We know there is a real solution
We know we have faced these goons before
Now is the time for revolution
So peaceful lads will be shot dead no more

I say we cannot timidly stand by. 
I say we must do all we can.
Now is the time for revolution. 
Now is the time to do or die. 

People with small minds just have to hate
I’m telling you now it's not too late
We will act to set this right.
We won’t be cowed by shows of might.

You know it is in the Constitution.
We truly have the right on our side.
You know bigotry is an institution.
I say, it’s time that institution died.

We will fight alongside our brothers.
And with our sisters make a stand.
This time we ain't going to let them fool us
Freedom must ring throughout the land.

Don’t you know we’re going to fight!
We are fighting for the right!
We will keep going day and night.
Until justice is done and things set right!

26 July, 2014

IF - Inclusive


If you can keep your head when all about you
Are losing theirs and blaming it on you;
If you can trust yourself when all people doubt you,
But make allowance for their doubting too:
If you can wait and not be tired by waiting,
Or, being lied about, don't deal in lies,
Or being hated don't give way to hating,
And yet don't look too good, nor talk too wise;

If you can dream---and not make dreams your master;
If you can think---and not make thoughts your aim,
If you can meet with Triumph and Disaster
And treat those two impostors just the same:.
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build them up with worn-out tools;

If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings,
And never breathe a word about your loss:
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: "Hold on!"

If you can talk with crowds and keep your virtue,
Or walk with Monarchs---nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all persons count with you, but none too much:
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And---which is more---among them all you’ll be the one! 

According to Wikipedia:

"If—" is a poem by British Nobel laureate Rudyard Kipling, written in 1895[and first published in Rewards and Fairies, 1910. It is a tribute to Leander Starr Jameson,and is written in the form of paternal advice to the poet's son. As poetry, "If—" is a literary example of Victorian-era stoicism.
The well-known Indian historian and writer Khushwant Singh claims that Kipling's If is "the essence of the message of The Gita in English."

As a trifling few adjustments make obvious, IF is not applicable only to males. The message it conveys is pertinent to and valuable for any human being.

24 July, 2014


“Two Republican judges on the D.C. Circuit Court have ruled that the equivalent of a typo is enough to strip health care subsidies from up to 5 million people, dealing what would be a death blow to the Affordable Care Act if the decision is allowed to stand. The one Democrat on the panel dissented.”  

This blatantly partisan action reveals that the judicial appointees of the last few Republican presidents cannot discharge their duties in a manner commensurate with the dignity of their office and ideals of equal justice under law. It may be asked why this same verdict is not rendered upon judicial appointees of Democratic Presidents and that is a fair question.

Using this recent decision of a three judge panel of the D C Circuit Court as the launching pad, there are several reasons to label many Republican appointed judges as partisan hacks. First, Obamacare is a colloquial term for both the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act (HCERA). These two laws are printed on a total of 961 pages have a total of approximately 381,517 words. The decision by the two Republican appointed judges essentially turned on a single word of two letters in length.  These judges emphasized this phrase from the law as the basis of their ruling “a federal Exchange is not an 'Exchange established by the State.”  The crucial word is by. If that word had been in, the entire argument would have collapsed.  Therefore, in order to reach their conclusion, these two judges had to willfully ignore everything else in the law and the legislative history of the law. Second, every member of Congress involved in drafting the law affirmed that this wording reflects a typographical error. They also attested to the fact that they had no intent to exclude federally operated exchanges from the subsidy provisions of Obamacare. Third, Carter-appointed Judge Harry T. Edwards correctly observed, the Appellants filed the suit in a not well veiled attempt to sabotage Obamacare. He called the majority’s interpretation that Congress planted "a poison pill to the insurance markets in the States that did not elect to create their own Exchanges,” is surely is not anything Congress intended.”  In this context, it bears mentioning that all votes for the health care reform came from Democrats.  It defies rational belief that Democrats would embed a seed of destruction into a major legislative achievement they took all the risk to enact.  Fourth, the interpretation relied on by the Republican judges to explain their ruling is a complete fabrication by the Appellants and it is utterly fantastic. The Appellants contended “Congress wanted to incentivize states to create their own exchanges and withhold financial assistance for residents of those states that didn't.”  In response to this Judge Edwards wrote: "The simple truth is that Appellants’ incentive story is a fiction, a post hoc narrative concocted to provide a colorable explanation for the otherwise risible notion that Congress would have wanted insurance markets to collapse in States that elected not to create their own Exchanges." It is clear that Judge Edwards is on point. The contention that intended states to have the ability to destroy the law they worked so hard and risked so much to enact is ludicrously laughable. Finally, in order to reach their decision by focusing on the word by, the Republicans needed to ignore another word in a different section of the law if a state does not establish an exchange “the federal government shall establish and operate such exchange." In this context it should be recalled, such means “of the kind specified.” In short the law stipulates the federally established and operated exchanges are of the kind specified as state exchanges. The reasoning of the Republican judges is fallacious on every count. 

The only absolute requirement for judges to discharge their duties honorably is that they be judicious.  In other words, judges must act in a manner characterized by good or discriminating judgment so that their actions seem to be wise, sensible, or well-advised.  It is not which party they favor or how they dress during hearings and trials. The essential qualities judges must exhibit are discernment and logical, evidence-based adjudication. Focusing on one two-letter word out of nearly 400,000 and accepting a contention that is wholly unsupported and dubious on its face are not actions showing discernment and logical, evidence-based adjudication. Such actions exhibit the opposite of judiciousness.  Such actions are injudicious; they are irrational and unwise. These actions are tantamount to conduct unbecoming in judges.

There are huge practical consequences if this injudicious decision is allowed to stand. The map below shows the scope of the havoc that could result.

Without subsidies, private insurance become unaffordable for many people who have already enrolled. Although the judicial process is still playing out, a recent analysis from the Robert Wood Johnson Foundation indicates this decision could affect over 7.3 million people expected to receive federal subsidies in 2016.

“If the plaintiffs prevail and subsidies are withdrawn, healthy people would drop their coverage, and only the people who are very sick — and therefore very expensive to insure — would keep their plans.
This sets up the classic insurance "death spiral". By putting coverage out of financial reach for so many people, it would undermine the entire purpose of the Affordable Care Act.”

In a final bravura performance of injudiciousness, the Republicans asserted: That “after ruling to overturn the law passed by both chambers of Congress, they did so in order to defend the principle of legislative supremacy." If it had been debatable previously, their injudicious behavior is now revealed in its full oligarchic, partisan splendor by their own brazen hypocrisy.

In order to drive home the plutocratic oligarchic nature of this duos ruling consider these statistics:

“Compared to people living in states that set up their own exchanges, the residents of states with federally established and operated exchanges are also more likely to report that they are unable to see a doctor due to cost, more likely to have been diagnosed with diabetes, more likely to be overweight, and more likely to live in communities identified as medically underserved because of poverty and limited access to primary care. On top of all of that, these states are home to 68% of the America’s uninsured, including 84% of all uninsured low- and moderate-income African Americans, and 60% of such Hispanics.”

Apparently these judges believe if you are poor, Black or Brown then don’t hang aroun’.  It is supremely difficult to get more plutocratic and oligarchic than that.

Our response to this D C Circuit Court panel’s decision should be guided by Elie Wiesel’s cogent observation. “There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.”

Citizens - arise!