LawTalkers  

Go Back   LawTalkers > General Discussion > Politics

» Site Navigation
 > FAQ
» Online Users: 230
0 members and 230 guests
No Members online
Most users ever online was 9,654, 05-18-2025 at 04:16 AM.
Closed Thread
 
Thread Tools Display Modes
Old 11-11-2010, 07:04 PM   #2371
Greedy,Greedy,Greedy
Registered User
 
Greedy,Greedy,Greedy's Avatar
 
Join Date: Mar 2003
Location: Government Yard in Trenchtown
Posts: 20,182
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Cletus Miller View Post
Okay, I'm being lazy--but is the proposal wrt Health Insurance benefit deductibility *just* wrt the Employer's half of FICA? Individuals would still get to exclude the value of the benefit from income for both FICA and PIT purposes?
Good point. I looked it up. The bullet point is : "Fully or partially tax employer-sponsored health insurance"

It sounds more focused on taxing the employee's receipt than eliminating the employer's deduction. I don't get why you'd ever deny an employer a deduction, since it's a reasonable business expense, and I don't quickly see why that was proposed.

So did Fox even screw up these simple facts? I wasn't planning on criticizing their reporting standards with that post, but am willing to reconsider.

Last edited by Greedy,Greedy,Greedy; 11-11-2010 at 07:06 PM..
Greedy,Greedy,Greedy is offline  
Old 11-11-2010, 07:04 PM   #2372
Greedy,Greedy,Greedy
Registered User
 
Greedy,Greedy,Greedy's Avatar
 
Join Date: Mar 2003
Location: Government Yard in Trenchtown
Posts: 20,182
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by sgtclub View Post
This was reporting and not an editorial?
Read my third sentence.
Greedy,Greedy,Greedy is offline  
Old 11-11-2010, 07:12 PM   #2373
Cletus Miller
the poor-man's spuckler
 
Cletus Miller's Avatar
 
Join Date: Apr 2005
Posts: 4,997
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Greedy,Greedy,Greedy View Post
Good point. I looked it up. The bullet point is : "Fully or partially tax employer-sponsored health insurance"

It sounds more focused on taxing the employee's receipt than eliminating the employer's deduction. I don't get why you'd ever deny an employer a deduction, since it's a reasonable business expense, and I don't quickly see why that was proposed.

So did Fox even screw up these simple facts? I wasn't planning on criticizing their reporting standards with that post, but am willing to reconsider.
It would be deductible by the business in any case, as a salary cost. But if it is deemed taxable salary, then the EE'R would need to pay their half of FICA/Medicare on top of the cost of the coverage, as would the EE. Could still be an exclusion from AGI to the EE, so not subject to PIT.
__________________
never incredibly annoying
Cletus Miller is offline  
Old 11-11-2010, 07:19 PM   #2374
sgtclub
Serenity Now
 
sgtclub's Avatar
 
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Greedy,Greedy,Greedy View Post
Read my third sentence.
Missed that. I may have to start giving daily reports from the NYT. You know, point counterpoint kind of thing.
sgtclub is offline  
Old 11-11-2010, 07:24 PM   #2375
sgtclub
Serenity Now
 
sgtclub's Avatar
 
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
Re: Election 2010: Teabaggin' the Ds & Rs

Where's the outrage?

Quote:
The Obama administration said the U.S. Supreme Court should let the military continue to bar openly gay people under the “don’t ask, don’t tell” policy, arguing that a change in the law should come from Congress, not the courts.

Acting U.S. Solicitor General Neal Katyal, the administration’s top courtroom lawyer, today urged the justices not to reinstate a federal judge’s order that had temporarily suspended the law
sgtclub is offline  
Old 11-11-2010, 07:27 PM   #2376
Cletus Miller
the poor-man's spuckler
 
Cletus Miller's Avatar
 
Join Date: Apr 2005
Posts: 4,997
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by sgtclub View Post
Where's the outrage?
I'm outraged that the administration hasn't given the Rs another BS talking point!!!!!

How's that?

Or do you think that the Admin should abdicate its obligation to uphold the law because they disagree with it?
__________________
never incredibly annoying
Cletus Miller is offline  
Old 11-11-2010, 07:32 PM   #2377
Atticus Grinch
Hello, Dum-Dum.
 
Atticus Grinch's Avatar
 
Join Date: Mar 2003
Posts: 10,117
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by sgtclub View Post
Where's the outrage?
I don't get it. Congress should make the laws governing the grounds for discharge from the military, and the President should comply with those laws and defend them in court when called upon to do so.

This seems a bad time in history for you to assert the supremacy of the Executive Branch.
Atticus Grinch is offline  
Old 11-11-2010, 07:34 PM   #2378
Cletus Miller
the poor-man's spuckler
 
Cletus Miller's Avatar
 
Join Date: Apr 2005
Posts: 4,997
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Atticus Grinch View Post
I don't get it. Congress should make the laws governing the grounds for discharge from the military, and the President should comply with those laws and defend them in court when called upon to do so.

This seems a bad time in history for you to assert the supremacy of the Executive Branch.
Nevermind, AG fixed his quotes.
__________________
never incredibly annoying
Cletus Miller is offline  
Old 11-11-2010, 07:35 PM   #2379
LessinSF
Wearing the cranky pants
 
LessinSF's Avatar
 
Join Date: Mar 2003
Location: Pulling your finger
Posts: 7,122
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Greedy,Greedy,Greedy View Post
Look at my bolding, and my note that they led with the cut.
Look at your post, with my bolding:

"but Fox leads with an attack on those same cuts."
__________________
Boogers!
LessinSF is offline  
Old 11-11-2010, 08:12 PM   #2380
sgtclub
Serenity Now
 
sgtclub's Avatar
 
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Atticus Grinch View Post
I don't get it. Congress should make the laws governing the grounds for discharge from the military, and the President should comply with those laws and defend them in court when called upon to do so.

This seems a bad time in history for you to assert the supremacy of the Executive Branch.
I thought don't ask don't tell was by EO?
sgtclub is offline  
Old 11-11-2010, 08:20 PM   #2381
Hank Chinaski
Proud Holder-Post 200,000
 
Hank Chinaski's Avatar
 
Join Date: Sep 2003
Location: Corner Office
Posts: 86,149
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by sgtclub View Post
I thought don't ask don't tell was by EO?
the thing i think weird, or actually promising, was DADT was a nod by clinton to gay rights. that was what he "gave" as payback for gay support. now it's an evil.

it's cool that we evolved to the point that it's backward, but all these "politically aware" people that talk like it is a pure evil thing leave me, wait for it, SMH.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts

Last edited by Hank Chinaski; 11-11-2010 at 08:48 PM..
Hank Chinaski is offline  
Old 11-11-2010, 08:47 PM   #2382
Replaced_Texan
Random Syndicate (admin)
 
Replaced_Texan's Avatar
 
Join Date: Mar 2003
Location: Romantically enfranchised
Posts: 14,281
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by sgtclub View Post
i thought don't ask don't tell was by eo?
10 u.s.c. § 654
__________________
"In the olden days before the internet, you'd take this sort of person for a ride out into the woods and shoot them, as Darwin intended, before he could spawn."--Will the Vampire People Leave the Lobby? pg 79
Replaced_Texan is offline  
Old 11-11-2010, 08:47 PM   #2383
Tyrone Slothrop
Moderasaurus Rex
 
Tyrone Slothrop's Avatar
 
Join Date: May 2004
Posts: 33,080
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by sgtclub View Post
I thought don't ask don't tell was by EO?
Maybe back in the day, but I think Congress has enshrined it into law, and an executive order cannot undue it.

eta:

Quote:
Can the policy be changed by an executive order or does it need the sign off by Congress?

The plaintiffs’ lawyer we talked to on Tuesday who’s challenging the law, White & Case’s Dan Woods, told us he thinks the Obama administration should be doing more to put its objection to the law into practice, which got us thinking about executive orders. President Truman desegregated the military with one swift signature back in 1948. Why can’t Obama do the same with gays and lesbians?

We checked in with our old executive order expert, University of Wisconsin political science professor Kenneth Mayer, for a little help.

Mayer told us that a change in DADT likely requires congressional action because the law is currently codified in a federal statute, 10 U.S.C. Sec. 654.

Section (b) of the law states the following:

Quote:
Policy. - A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations: (1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings . . . [or] (2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect . . .
This explicitly and clearly, says Mayer, “puts the law on statutory footing.”

That said, Mayer thinks there’s some “wiggle room” in the statute. As far as federal statutes go, Congress hasn’t delegated to the executive branch all that much authority. But it has assigned to the secretary of defense a certain flexibility in enforcement. The notes on the implementation of the law state, for example, that: “the Secretary of Defense should consider issuing guidance governing the circumstances under which members of the Armed Forces questioned about homosexuality for administrative purposes should be afforded warnings . . . ”

In any event, Mayer predicts that Congress will overturn the 1993 law, predominantly because military leaders, like Adm. Mike Mullen (pictured) are pushing in that direction. “And they weren’t in 1993,” he adds.

“The only justification those in favor of keeping the law have is that homosexuality makes some soldiers uncomfortable,” he says. “The military believes there are ways of dealing with that, just as there were with some of the initial resistance to desegregation and to allowing women to serve.”
WSJ
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
Tyrone Slothrop is offline  
Old 11-11-2010, 09:01 PM   #2384
Replaced_Texan
Random Syndicate (admin)
 
Replaced_Texan's Avatar
 
Join Date: Mar 2003
Location: Romantically enfranchised
Posts: 14,281
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Hank Chinaski View Post
the thing i think weird, or actually promising, was DADT was a nod by clinton to gay rights. that was what he "gave" as payback for gay support. now it's an evil.

it's cool that we evolved to that point, but all these "politically aware" people that talk like it is an evil thing leave me, wait for it, SMH.
My boyfriend was a Marine (corps birthday and veteran's day in the same week!) in 1993 who served with a LOT of gay and lesbian servicemembers. He didn't like it then when it was just a proposal, and he certainly doesn't like it now.
__________________
"In the olden days before the internet, you'd take this sort of person for a ride out into the woods and shoot them, as Darwin intended, before he could spawn."--Will the Vampire People Leave the Lobby? pg 79
Replaced_Texan is offline  
Old 11-11-2010, 09:30 PM   #2385
sgtclub
Serenity Now
 
sgtclub's Avatar
 
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Tyrone Slothrop View Post
Maybe back in the day, but I think Congress has enshrined it into law, and an executive order cannot undue it.

eta:



WSJ
I stand corrected.

Still, the point is that the administration is playing politics because they don't want to take the political hit; rather, they want to push the issue on to congress. It's sheepish IMO.
sgtclub is offline  
Closed Thread


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Powered by vBadvanced CMPS v3.0.1

All times are GMT -4. The time now is 06:38 PM.