FORGET SCALIA. DEATH COULD COME FOR THREE JUSTICES OF THE SUPREME COURT OF THE UNITED STATES OF AMERICA (SCUSA) SOON ENOUGH.

With the death of Supreme Court of the United States of America (SCUSA) justice Antonin Scalia, politicians and pundits have gone into overtime arguing over the merits and demerits of blocking any Obama nomination. Democrats demand that an Obama nomination should be vetted quickly and confirmed. Republicans demand that Obama must be thwarted and thus leaving it up to the next president.

Forget Scalia. His death is but one vacancy. The real story of the SCUSA is the aged state of three justices — Kennedy, Ginsburg and Breyer.



It's likely that all three either die or become incapacitated over the next eight years. So whoever gets sworn in as president in January, 2017, likely will put three new judges on the SCUSA and thus change the trajectory of law-of-the-land legal rulings for decades to come.

All three aforementioned judges are either nearing or have past life expectancy for the typical American. Kennedy Is 79 and and a half.  Stephen Breyer is 77 and a half. Ginsburg is a decrepit 82 and 11 months.

Removing those judges from thought, right now the court has three republican nominated judges — Clarence Thomas (67), John G. Roberts (61), Samuel A. Alito (65). Two Democrat nominated judges sit on the court — Sonia Sotomayor (61) and Elena Kagan (55).

The Republicans should not be short-sighted here. They should pressure Obama to nominate a left-of-center judge and then confirm that judge, quickly, but after the ruling session, which maybe ends in June.

The next president needs to nominate three Scalia-type judges to replace Kennedy, Breyer and Ginsburg when their days are done. 

Also, it's time to put a Protestant Christian back on the SCUSA. As it is right now, only Roman Catholics and Jews sit on the US Supreme Court — Catholics: Roberts, Kennedy, Thomas, Alito, Sotomayor; Jews — Ginsburg, Breyer, Kagan.

Yet, American jurisprudence has its basis in Protestant Christian morality and thought. It has nothing from Catholic or Judaic thought. 

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STOP IN THE NAME EX POST FACTO!

Article 1 Section 9 of the U.S. Constitution states, "No Bill of Attainder or ex post facto Law shall be passed." Known as the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution states, 

"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

The latter establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land." The former establishes that no law can change the legal consequences of action committed or relationships established before the enactment of the law. 

Those of the financial media have been abuzz about bond exit fees being imposed on extant contracts held by  retail owners of bond mutual funds. Peter Schiff gave a decent write up on the bond exit fee chatter. Far too many believe regulators of the SEC or even the Federal Reserve can impose such ex post facto rules without knowing what ex post facto means much less having ever read any part of the U.S. Constitution, much less Article 1 Section 9.

Likely, there shall be jokers who will cite  Justice Samuel Chase and Calder v. Bull suggesting the U.S. Supremes claim the ex post facto provision of the Constitution applies solely to criminal cases, not civil cases, but to do so would be yet another undemocratic, wrong ruling by U.S. Supreme Court justices (e.g., Santa Clara County v. Southern Pacific Railroad, Wickard v. Filburn, Kelo v New London,  National Federation of Independent Business v. Sebelius). Heritage.org has a nice write up on the Supreme Court history regarding ex post facto.

Should those at the SEC feel brazen to rule such fees must exist and should the U.S. Supreme Court led by Chief Justice Roberts agree, because you know such an SEC ruling will make to the USSC, that shall be the last shred of proof anyone needs to see Americans have not been living by their Constitution for years upon years.

Americans need to see reality. The U.S. Supreme Court system is broken. That nine judges can impose their will upon Americans hardly is democratic, especially old sleeping judges and judges who never created life but yet rule on the sanctity of life.


There should be 50 justices, not nine, one appointed from each state. States' legislators should appoint U.S. Supreme Court justices, not the president. Appointees should at least be 50 in age and have fathered or mothered children. The term for any U.S. Court Justice should not exceed 10 years.

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FIXING OBAMACARE BEFORE IT STARTS; OR IF ONLY OBAMA WERE AS SMART AS I AM

Unfortunately, in the worst judicial decision since Wickard v Filburn, a decision that couldn't be more wrong, English-language challenged, USSC chief robe John Roberts decreed what any right-minded thinker knows to be a fine now as a tax. Roberts pulled a putting lipstick on a pig trick and now wants you to pork it.


Yet, Americans, we need to suck it up. ObamaCare isn't going away.

The Big Lie politicians told to gain the trust of Americans to support Obamacare is that Obamacare would cover the uninsured. Always, politicians tell the Big Lie, whenever they want to establish something that benefits their financial backers instead of the citizenry.

There was no need to create a 2,400 page law. There was no need to create new agencies to regulate and administer the law.   There was no need to hire on tens of thousands of more useless, overpaid, unionized, flunky, paper-pushing government employees.

Having done the foregoing reveals profound intellectual stupidity of our so-called leaders. Obama and the members of Congress who passed Obamacare, guys like Harry Reid and women like Nancy Pelosi are among the stupidest people ever to hold the reins of power. 

If the goal truly were universal coverage as they call it, the fix to achieve such is easy. Here is how it should be done, but first, you need to know what we have now.

Medicare exists for old people. Medicaid exists for the poor. It's what they callmeans tested, which is a fancy way of checking income and family head count, making sure income doesn't exceed an annual sum.

Already, there are payroll taxes called FICA taxes, named after the Federal Insurance Contributions Act. FICA taxes cover Social Security Old-age, survivors, and disability insurance (OASDI) and Medicare. 

And here is the fix. It would have been easy to add another payroll tax to pay for medical insurance. There should be a universal medical bills insurance tax. 

Already, Americans are used to having payroll taxes deducted from their paychecks. Those who have jobs with medical bills insurance experience what it is like to have insurance payments deducted from their paychecks.

Next, Medicaid and Medicare should have been folded into one program for those who are unemployed or who are retired living on Social Security only.

And now for the best parts. Rather than having employers broker insurance for employees, everyone working should be assigned at random to a medical bills paying insurer (wrongly called "health insurance") operating within each workers' respective state. 

Insurers wouldn't know ahead of time, anyone they would be required to insure, regardless of pre-existing condition. Likewise, workers wouldn't know who would be their insurer until assigned. At the start of each year, random assignment could happen.

Also, there should be two payroll tax rates, one for the fit and one for the unfit. The unfit should pay substantially higher taxes, since they are the ones most likely who will need medicine for their unfit bodies. Those who have the right weight for their heights and the right blood pressure and heart rates should pay much lower premiums than those who let themselves go by living slothful, gluttonous, hedonistic lives.

Having two insured pools is the right way to express the actuarial science behind insurance. The unfit would have incentive to get fit and the fit would have incentive to stay fit.

Further, those in retirement with incomes beyond Social Security should have their Social Security taxed at the appropriate rate, either for the fit or the unfit. Thus, the elderly would be treated as anyone else, with no age prejudice against them.

As it is, technically, employers don't pay for insurance for employees, ever. For employers, admin costs become tax write offs. Yet, taxpayers who cannot escape their compulsory taxes are the ones who pay for businesses to provide insurance to employees.

My proposal does what Obama couldn't do — UNIVERSAL COVERAGE FOR ALL AMERICANS. My proposal removes the admin burden from employers, which drags on the economy.

The poor get covered. The productive working class gets covered. The rich get covered. Insurers can stay in business. Richer Social Security recipients would pay their fair share as Obama likes to call it.

If only Obama were as smart as me, our lives as Americans would better by far.

To get a fast lesson on how insurance ought to work, check out  FREELOADING AT THE BUFFET OF THE LIVING.

For all of your Obamacare needs at Bizarro Theater, here you go.

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