Love Wins.

Ten years ago, Mrs Heathen and I used a quote from Massachusetts Chief Justice Margaret Marshall’s opinion in the 2003 case Goodridge v. Department of Public Health. It’s as stellar today as it was when she wrote it in 2003:

Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, marriage provides an abundance of benefits. In return it imposes weighty legal, financial, and social obligations. Without question, marriage enhances the welfare of the community. It is a social institution of the highest importance.

Marriage is at once a deeply personal commitment to another human being and a highly public celebration of the ideals of mutuality, companionship, intimacy, fidelity, and family. Because it fulfills yearnings for security, safe haven, and connection that express our common humanity, marriage is an esteemed institution, and the decision whether and whom to marry is among life’s momentous acts of self-definition.

It seems weird to me, in the Roberts era, to celebrate three major court victories in a week, and yet, here we are in a week with King v. Burwell, the fair housing case here in Texas, and Obergefell.

Non-insane Texans sent our doofus jackhole of a governor tin foil after his Jade Helm comments.

TPM:

Confederate flags were reportedly burned and buried on Monday in several southern states as part of a movement to get rid of the flag and its offensive historical context.

A good start.

Imagine you’re a small business owner, and one of your employees ends up needing to be a DEA informant. His handlers entice him to take one of your company trucks, fill it with weed, and haul it back to a place where they can bust the buyers.

Bad shit happens. Your driver is killed, and your truck basically destroyed in a gun battle with Mexican gangsters.

I wouldn’t even be blogging this if the next step weren’t obvious, but: clearly the DEA is refusing to take responsibility for the truck or the death, and a judge has backed them.

The government argued that it is neither culpable for the damage nor under any obligation to inform the owner of any property that it wishes to use in its operations, because “clandestine.”

No statute, regulation, or policy “specifically prescribe[d]” or prohibited the course of action Patty alleges the DEA agents followed. The DEA derives its authority from the Controlled Substances Act, 21 U.S.C. § 801, its implementing regulations, and various executive orders…

In this case, Task Force Officer Villasana submitted a similar declaration. He states that the DEA’s decision “to proceed with such an operation is entirely discretionary, and not mandated by any statute, rule, or policy.” Whether and how to conduct such an undercover investigation and operation is “necessarily discretionary in nature.” Villasana did not try to give advance notice to Patty that the Task Force would be using his truck because of operation’s covert nature, the risks of injury and potential for damage if something went wrong, and the uncertainty about whether other individuals (including Patty) could be trusted.

The business owner’s attorney summarized it thusly:

A federally deputized corporal from the Houston Police Department decides to pay your small company’s driver to drive your truck to the Mexican border, load it up with illegal drugs, and try to catch some bad guys. He knows that the driver is lying to “the owner” – although he doesn’t know your name or identity and doesn’t bother to find out. The bad guys outwit the cops. Your company’s driver is killed. Your truck is riddled with bullet holes.

Query:   is our federal government liable to pay for the damages to you and your property?

Answer:   Nope.

The DEA and the court have taken the position, apparently, that the government can come and take your stuff, fuck it up, and bear no responsibility afterwards if they say “clandestine operation” enough. You’d think the Takings Clause would have something to say about this, you know?

This story is floating around this week. You ought to look at it, because it’s sort of a distillation of know-nothing Republicanism, and it’s the rare sort of such example that illustrates how far they are from reality.

The gist: a South Carolina Republican handyman has found himself facing both blindness and financial ruin because of a health problem — and he’s blaming the ACA for it.

As the Charlotte Observer explains, Lang is a self-employed handyman who works as a contractor with banks and the federal government to maintain foreclosed properties. He was making a decent living, enough to be the sole breadwinner in the family. As the Observer puts it, Lang “he has never bought insurance. Instead, he says, he prided himself on paying his own medical bills.”

All seemed good until this February when a series of headaches led him to the doctor. Tests revealed that Lang had suffered a series of mini-strokes tied to diabetes. […] He now also has a partially detached retina and eye bleeding tied to his diabetes. The initial medical care for the mini-strokes ran to almost $10,000 and burned through his savings. And now he can’t work because of his eye issue and can’t afford the surgery that would save his eyesight and also allowing him to continue working.

More from the Charlotte Observer story:

That’s when he turned to the Affordable Care Act exchange. Lang learned two things: First, 2015 enrollment had closed earlier that month. And second, because his income has dried up, he earns too little to get a federal subsidy to buy a private policy.

Lang, a Republican, says he knew the act required him to get coverage, but he chose not to do so. But he thought help would be available in an emergency. He and his wife blame President Barack Obama and congressional Democrats for passing a complex and flawed bill.

“(My husband) should be at the front of the line, because he doesn’t work and because he has medical issues,” Mary Lang said last week. “We call it the Not Fair Health Care Act.”

Anyone who’s remotely familiar with insurance knows there’s no system that lets people skip payments while they’re healthy and cash in when they get sick. Public systems tax everyone. Private ones rely on the premiums of the well to cover the costs of those who are ailing.

And Democrats might point out that the ACA was designed to provide Medicaid coverage for people whose income falls below the poverty line. The federal government pays 100 percent of the ACA expansion to cover low-income, able-bodied adults, but 21 Republican-led states, including North Carolina and South Carolina, declined to participate. Emph added.

Lang’s position is utter bullshit on its face, but I’m not here to point and laugh. The good news is that many donors have stepped forward to help him out, despite the fact that this shitstorm is of his own making.

The bigger issue here is that the conservative media, which we may safely assume Lang consumed voraciously given his positions, was so foursquare against the ACA (and, really, any health care law, and anything espoused by Obama) that he came away from the public debate thinking his path was a safe and rational one. That’s completely fucking criminal.

The right wing media worked themselves into a goddamn frenzy about the ACA and spouted such amazing fountains of bullshit that people still think death panels are a risk. In deciding to become the propaganda arm of the GOP, though, these people abandoned their public mission: inform and protect the public with information. In their rush to deny the President and his party a victory, they refused to engage the bill on its merits and instead obfuscated any real points with hyperbole and outright lies while fueling the idea that having insurance isn’t even necessarily something you want.

The saying points out that everyone is entitled to their own opinions, but not their own facts. The story of Luis Lang is an example of what happens when knowable facts make clear the opinions you’ve held are bankrupt. Sure, it’s partially on him for not doing his own research, but Americans have traditionally been able to trust “news” organizations not to lie to them. That you and I know this is no longer true is probably cold comfort to someone like Lang.

From the SSM arguments yesterday:

Scalia wondered aloud about ministers being required to marry same-sex couples. “I don’t see how you could possibly allow that minister to say, I will only marry a man and a woman,” Scalia said. “I will not marry two men. … I don’t see any answer to that. I really don’t.”

Because, you see, we don’t already live in a world where ministers routinely refuse to perform weddings that do not accord with their faith. Most famously, the Roman Catholic Church won’t marry you if you’ve been married before and haven’t paid them for an annulment. You’re still free to marry civilly, of course.

Scalia knows this, and is lying when he suggests he doesn’t, and is doing so to bolster his bigotry. Slacktivist has more.

Antonin Scalia is also fully aware of the Roman Catholic Church’s teaching and practice on divorce and remarriage. He is fully, completely aware that any Catholic with a valid civil divorce has every legal, civil and constitutional right to remarry. And he is fully, completely aware that this has never in any way, shape or form ever meant that a Catholic priest could be legally compelled to consecrate such a wedding.

Justice Scalia knows this. Everyone knows this.

And yet, today, Justice Scalia chose to pretend he doesn’t know this.

As they say, “Christ, what an asshole.”

He’s introduced a bill to reauthorize the PATRIOT act.

Senate Majority Leader Mitch McConnell introduced a bill Tuesday night that would reauthorize a controversial surveillance authority of the Patriot Act until 2020, a push that comes just as a group of bipartisan lawmakers is preparing a last-minute push to rein in the government’s mass-spying powers.

A McConnell aide said the majority leader is beginning a process to put the bill on the Senate calendar but said that the chamber will not take the measure up this week. That process, known as Rule 14, would bypass the traditional committee process. Senate Intelligence Chairman Richard Burr is a cosponsor.

Under the bill, Section 215 of the post-9/11 Patriot Act would be extended until December 31, 2020. The core provision, which the National Security Agency uses to justify its bulk collection of U.S. phone records, is currently due to expire on June 1.

The bill appears to be an attempt to thwart efforts to rein in the National Security Agency’s expansive surveillance powers, which came under intense scrutiny nearly two years ago after the disclosures spurred by former NSA contractor Edward Snowden. A bipartisan group of lawmakers were expected to reintroduce on Wednesday a comprehensive surveillance-reform bill that would have effectively ended the NSA’s dragnet of Americans’ call data.

What a jackass.

The TSA destroyed Cory Doctorow’s suitcase because it looked like it might be locked.

1. It was not locked; and
2. Even if it was, the case was one with the “TSA locks” on it, which TSA agents supposedly have a master key for.

The TSA cannot be held responsible for the destruction, though, because terrorism. Accountability is anathema to this organization; just look at the distance they went to keep their serial gropers from being prosecuted.