The Affordable Care Act won a big round today in the 6th Circuit Court of Appeals when a court with two Republican appointees and one Democratic appointee ruling it constitutional. For anyone keeping score, that means 4 out of 6 appellate courts have upheld its constitutionality. But what makes this decision particularly significant is that it broke the partisan chokehold around it during its journey through the courts. Adam Serwer : Martin’s decision rejected the notion that going without health insurance constitutes an “inactivity” that can’t be regulated under the Commerce Clause, noting that, “The uninsured cannot avoid the need for health care, and they consume over $100 billion in health care services annually.” Martin adds that “Self-insuring for the cost of health care directly affects the interstate market for health care delivery and health insurance. These effects are not at all attenuated as were the links between the regulated activities and interstate commerce in Lopez and Morrison.” That last point is key, because Republican appointees concocted the “inactivity/activity” distinction as a rhetorical loophole to appeal to Justice Antonin Scalia. Scalia argued in a recent medical marijuana case that ” “where Congress has the authority to enact a regulation of interstate commerce, it possesses every power needed to make that regulation effective.” This is a big win and a big deal , assuming that certain justices on our current Supreme Court can be trusted to actually be intellectually honest about how they rule in certain cases. But before it gets there, two more circuit courts need to rule on it — the Fourth and Eleventh Circuit Courts, who have similar cases pending.
Continue reading …It hasn’t even been a year since Roku last updated its line of streaming media players — but nine months is a long time in the gadget world. So it was pleasant, though not entirely surprising, to spot a trio of new devices from the IPTV pioneer sauntering through the FCC bearing the model numbers 3000X, 3050X, and 3100X. Eventually the three boxes will likely be sold as the Roku 2 HD, XD, and XS respectively. We’ll have to wait to see if there’s anything new on the software side, but we can tell you there have been a host of hardware changes, even if they don’t amount to a major upgrade. First off, the new models are more rounded and much smaller than their predecessors. Judging by the label affixed to the underside — which we know is 44.65mm x 44.65mm (about 1.7 inches) — the latest Rokus are about the size of an Apple TV, and perhaps a bit smaller. Inside that tiny case is a new Broadcom 2835 SOC, an 802.11n radio, a MicroSD slot, Bluetooth, and (most exciting) a reset button — no more unplugging when Hulu freezes up. Oddly, only the XS retains the Ethernet jack, though the top of the line model ditches support for dual-band WiFi. The primary difference between the HD and XD models still appears to be the latter’s ability to push out 1080p video, while the XS adds a USB port and gets a spiffy new RF remote, which we’re hoping takes a cue from the Boxee clicker . While you impatiently await important information, like pricing and release date, check out the comparison chart after the break. Continue reading Roku 2 line passes through the FCC with modest hardware updates and a reset button Roku 2 line passes through the FCC with modest hardware updates and a reset button originally appeared on Engadget on Wed, 29 Jun 2011 17:46:00 EDT. Please see our terms for use of feeds . Permalink
Continue reading …In a feature entitled “Don’t Know Much About History: Epically Wrong Politician Accounts of Yesteryear,” Time magazine's Swampland blog crew promised to break down “nine egregious examples of the type of revisionist flub you can expect in 2012,” starting with Rep. Michele Bachmann (R-Minn.) arguing John Quincy Adams was a Founding Father. Time made sure to toss in President Obama and Vice President Biden in the mix, the list was predominantly comprised of Republican 2012 presidential hopefuls. On some counts, Time was spot on, but in others the magazine was either inaccurate, patently unfair in its criticism, or both. Deriding Sarah Palin for her inartfully-put account of Paul Revere's midnight ride, Time.com echoed MSNBC's Chris Matthews by snarking that she was shoehorning a pro-gun rights talking point into her later explanation of the historical event:
Continue reading …If Michele Bachmann becomes the next President of the United States, it’s safe to say that Tom Petty won’t be playing the inauguration. When the newly minted Republican presidential candidate left the stage in Waterloo, Iowa, after making a nationally televised speech to announce her candidacy, Petty’s track “American Girl” could be heard playing her
Continue reading …When a luxury hotel in Kabul was attacked by the Taliban last night, one American wanted to get his house in order while the house was literally crumbling around him. Saiz Ahmed is a doctoral student who was in Kabul studying Afghan legal history. He had just finished dinner and gone back to his room
Continue reading …Fox News seems to thinks Jon Stewart is a racist, and . Last week, and again on Monday, Herman Cain said Jon Stewart had attacked him “because I happen to be a black conservative,” bashing the “Amos and Andy” voice Stewart used when making fun of him. Many anchors picked up…
Continue reading …Americans overwhelmingly President Obama’s plan to pull out of Afghanistan says a new Gallup Poll , with 72% in favor and only 23% opposed. For Democrats, that rises to 87%, but even Republicans support it, with 50% for it versus 43% opposed. More specifically, Obama’s plan to withdraw 30,000 troops…
Continue reading …Does this mean a khaki hijab won’t appear in catalogs anytime soon? Hani Khan, a former stockroom employee for Abercrombie & Fitch Co. who says she was illegally fired for refusing to remove her Muslim headscarf, sued the clothing retailer in federal court on Monday, The Associated Press reports. When Khan was hired to work
Continue reading …Attention: Red blazers are Sarah Palin’s thing, OK ? And anyone who wears them, especially if she also puts her hair up and dons glasses, is infringing on Sarah Palin’s brand. So sayeth Bristol Palin, who recently discussed style-stealer Michele Bachmann with PopEater : “I think she dresses a lot like…
Continue reading …An American snorkeler exploring Australia’s Great Barrier Reef surfaced to find a less-than-ideal situation: The boat that had brought him there, had, well, left him there. “The adrenalin hit in and I had a moment of panic, which was the worst thing I could have done at that point,” the…
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