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Burning in the bosom v. Shaking in the boots

Orly Taitz reports in a mass emailing that her case challenging the Patient Protection and Accordable Health Care Act has been re-filed, this time to the Northern District of Texas. The California court said the venue was wrong.

Taitz v. Sebelius boils down to two points:

  1. PPACA denies equal protection because it (like Medicare) has a religious exemption, therefore since it is a tax, it falls unequally on people who don’t get the religious exemption.
  2. Obama is a foreigner with a Connecticut social-security number and can’t sign legislation.

Taitz, who seems to be fueled by anti-Muslim fervor, claims that it is the Muslims that would benefit from the religious exemption because their religion speaks against insurance; however, Muslims don’t opt out of Medicare, so this particular argument seems to be bogus.

What does bring a couple of milliseconds of anxiety is the fact that the case will be heard by a Texas judge, and one cannot help but remember the character of crazy Texas judge Quinn in the novel,  A Natural Born Citizen by Don Rosebrock. (Judge Quinn was modeled on a real-life crazy judge, but not one from Texas.) The judge assigned to Taitz’ case is Jorge A. Solis. According to the Dallas Bar Association, one of Judge Solis’ pet peeves is lawyers who are “not professional.”

I’m feeling better already.

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41 Responses to Burning in the bosom v. Shaking in the boots

  1. avatar
    Dr. Conspiracy August 29, 2012 at 9:03 am #

    By of explanation, the title of this article refers to anxiety over a Texas judge (Shaking in the boots) compared to the confident feeling knowing that Judge Solis doesn’t like unprofessional lawyers. The specific phrase “burning in the bosom” comes from Mormonism, and it is supposed to describe the feeling one gets upon reading the Book of Mormon, a revelation from God that the book is true. The only feeling I got from the Book of Mormon was that it seemed to be dull, and so I stopped somewhere around Nephi.

  2. avatar
    ASK Esq August 29, 2012 at 9:55 am #

    Doc, you should also be aware that Orly’s claims about Muslims being able to opt out of Obamacare based soley on being Muslim are, as with all of her other beliefs, incorrect.

    http://www.snopes.com/politics/medical/exemptions.asp

  3. avatar
    Paul August 29, 2012 at 10:03 am #

    ASK Esq: Doc, you should also be aware that Orly’s claims about Muslims being able to opt out of Obamacare based soley on being Muslim are, as with all of her other beliefs, incorrect.http://www.snopes.com/politics/medical/exemptions.asp

    Orly has something wrong?? The devil you say!! I’m shocked…SHOCKED to see that there’s gambling going on in this establishment. Now where are my winnings?

  4. avatar
    realist August 29, 2012 at 10:03 am #

    While (fortunately) I did not receive Orly’s mass emailing, on her blog she claimed the case had been “transferred” not “re-filed”, which of course is a patent lie (nothing new for Orly).

  5. avatar
    donna August 29, 2012 at 10:49 am #

    “Burning in the bosom ” reminds me of the bible’s “fire in my belly” used by palin & bachmann, etc – i don’t think taitz will become more professional even if she takes on a 4th profession

  6. avatar
    Dr. Conspiracy August 29, 2012 at 10:50 am #

    Being aware that one cannot trust Orly, I did a little research before I published the article. It is thanks to your comments on The Fogbow, that I was pointed in the right direction.

    realist: While (fortunately) I did not receive Orly’s mass emailing, on her blog she claimed the case had been “transferred” not “re-filed”, which of course is a patent lie (nothing new for Orly).

  7. avatar
    The Magic M August 29, 2012 at 11:13 am #

    > What does bring a couple of milliseconds of anxiety is the fact that the case will be heard by a Texas judge

    Why anxiety? If one looney judge actually agreed with Orly, what damage would it do? I thought most of us agreed that if birtherism becomes in issue, it can only be to Obama’s advantage. Nobody sane would see this as more than it is, one loon who obviously spent too much time in the desert sun looking for Muslims under every grain of sand. And nobody who plans to vote for Obama would be swayed by this.

    So I think your formulation sounds a bit like you’re subscribing to the birther delusion that “finding one honest judge” is the blessing they have been waiting for for years.

    Anxiety would rather be in order if one of those ebil librull activist judges appeared to be supportive of any of the birther madness. 😉

  8. avatar
    JD Reed August 29, 2012 at 11:18 am #

    U.S. District Judge Jorge Solis is a former district attorney and former district judge in West Texas, and was appointed to the U.S. District Court in 1990, or thereabouts, by the first President Bush.
    A former assistant DA under Solis once said that Solis had the best analytic mind that he knew.
    He has been described as a conservative.

    So, Doc, you’re right, this does not augur well for Orly Taitz, Esq.

  9. avatar
    Andrew Vrba, PmG August 29, 2012 at 11:25 am #

    Orly needs to stick what she knows, being completely insane, and shoving her creepy hands in people’s mouths.

  10. avatar
    ASK Esq August 29, 2012 at 11:43 am #

    Andrew Vrba, PmG: Orly needs to stick what she knows, being completely insane, and shoving her creepy hands in people’s mouths.

    For what it’s worth, I just threw up a little in my mouth.

  11. avatar
    GeorgetownJD August 29, 2012 at 11:45 am #

    You can take further solace, Doc, in knowing that Orly struck out on her two prior attempts to litigate in Texas. In fact, it took less than a day for a Texas judge to toss her out on her ass on the first filing of Rhodes v. Obama.

    She’s going three for three.

  12. avatar
    Lupin August 29, 2012 at 12:16 pm #

    Due to the Uncertainty involved, maybe the the title should be changed to “burning in the boson”? 🙂

  13. avatar
    john August 29, 2012 at 12:53 pm #

    As I said before, it has nothing to do with law. The courts cannot allow any litigation regarding Obama’s eligibility to take place. Such a ruling bringing into question Obama’s eligibility to be POTUS would have severe ramifications for the country. The courts do not want to be responsible for chaos and therefore will write the law always in Obama’s favor.

  14. avatar
    The Magic M August 29, 2012 at 3:02 pm #

    Lupin: Due to the Uncertainty involved, maybe the the title should be changed to “burning in the boson”?

    Orly Taitzenberg is not sure about that. Because she can only know where to serve a defendant or what to serve him, but not both at the same time. And as soon as she files a case, the probabilities immediately collapse into complete failure.

    There was also something about a thought experiment involving a President in a box who is both eligible and ineligible until someone reads the Constitution, but I got quantum entangled and forgot…

  15. avatar
    ASK Esq August 29, 2012 at 3:36 pm #

    The Magic M: Orly Taitzenberg is not sure about that.

    The only thing Orly knows is that, no matter what, she is always right, so, therefore, anyone who disagrees with her is, by definition, wrong.

  16. avatar
    Yoda August 29, 2012 at 4:01 pm #

    Paul, you quoted what is probably my favorite line from one of my all time favorite movies, and one I have used often when I feign shock, kudos.

    Ask Esq. I will take your comment one step further than you did. Orly is so sure she is correct, but also that her “correctness”, for lack of a better term, that anyone who disagrees with her is not only wrong, but a liar, or someone with “half a brain”.

    Orly is birfer theater at its best.

  17. avatar
    Vic August 29, 2012 at 7:21 pm #

    I expect Orly to demand that the judge recuse himself because he is prejudiced against un-professional lawyers.

  18. avatar
    jayHG August 29, 2012 at 7:50 pm #

    Vic: I expect Orly to demand that the judge recuse himself because he is prejudiced against un-professional lawyers.

    Excellent………and exactly!!!!

  19. avatar
    Northland10 August 29, 2012 at 8:27 pm #

    With Orly, you can have the same opinion as Orly and still be wrong if you do not support her and send money.

    It’s all about me, me, me.

    ASK Esq: The only thing Orly knows is that, no matter what, she is always right, so, therefore, anyone who disagrees with her is, by definition, wrong.

  20. avatar
    LW August 29, 2012 at 11:24 pm #

    john: The courts do not want to be responsible for chaos and therefore will write the law

    Home sick from civics class the decade our system of government was covered, then?

  21. avatar
    jayHG August 29, 2012 at 11:50 pm #

    john:
    As I said before, it has nothing to do with law.The courts cannot allow any litigation regarding Obama’s eligibility to take place.Such a ruling bringing into question Obama’s eligibility to be POTUS would have severe ramifications for the country.The courts do not want to be responsible for chaos and therefore will write the law always in Obama’s favor.

    Severe ramifications like what??? I mean, seriously…what ramifications are all the judges afraid of?

  22. avatar
    Rickey August 29, 2012 at 11:58 pm #

    john:
    As I said before, it has nothing to do with law.The courts cannot allow any litigation regarding Obama’s eligibility to take place.Such a ruling bringing into question Obama’s eligibility to be POTUS would have severe ramifications for the country.The courts do not want to be responsible for chaos and therefore will write the law always in Obama’s favor.

    So you agree that all of the pending eligibility lawsuits should immediately be withdrawn, since no judge will ever rule in the favor of birthers?

  23. avatar
    Thrifty August 30, 2012 at 12:03 am #

    john:
    As I said before, it has nothing to do with law.The courts cannot allow any litigation regarding Obama’s eligibility to take place.

    Haven’t over 100 cases regarding Obama’s eligibility already taken place?

    john: Such a ruling bringing into question Obama’s eligibility to be POTUS would have severe ramifications for the country.The courts do not want to be responsible for chaos and therefore will write the law always in Obama’s favor.

    Well, maybe there is a grain of truth there. My understanding of the law isn’t that great so the rest of you feel free to point out any holes in my reasoning here. The courts really can’t make a ruling, as I understand it, because ruling have to do something. A federal court today ruled that come Congressional redistricting maps in Texas were violations of the Voting Rights Act and could not be used for the 2012 elections. They made a ruling and exercised power that they legally had.

    With regards to allegations that Barack Obama is not eligible to be President, they can’t make a ruling because they can’t DO anything. The courts don’t have the power to remove a president from office. A ruling is not the issuance of an opinion; it actually has to DO something.

  24. avatar
    Sudoku August 30, 2012 at 12:07 am #

    To date, there have been 153 cases filed. Birthers have lost all 144 that have been decided, there are 9 pending.

    john: The courts cannot allow any litigation regarding Obama’s eligibility to take place.

  25. avatar
    Andrew Vrba, PmG August 30, 2012 at 2:28 am #

    john:
    As I said before, it has nothing to do with law.The courts cannot allow any litigation regarding Obama’s eligibility to take place.Such a ruling bringing into question Obama’s eligibility to be POTUS would have severe ramifications for the country.The courts do not want to be responsible for chaos and therefore will write the law always in Obama’s favor.

    So you’re delusional AND a sore loser.

  26. avatar
    The Magic M August 30, 2012 at 4:14 am #

    Thrifty: A ruling is not the issuance of an opinion

    It’s one of the typical laymen’s misconceptions that courts can be (ab)used to adjudicate matters that “I want to have decided” regardless of whether the court can actually do something, as you aptly describe it.
    It’s like going to court to finally settle whether the “Wembley goal” was legit or not. Not that any court would be able to retroactively grant the WC 1966 to Germany, or order the game replayed today, or declare all following WC’s void (because England might not have qualified for WC 1970 if they hadn’t been the defending champion and so on).
    Or like going to court to finally settle whether Brasilia or Rio is the capitol of Brazil (Wikipedia isn’t trustworthy, y’know?).

    But since a court deciding “Obama is/isn’t eligible” has no legal consequences according to the Constitution, it’s obviously not a matter for courts to decide.

    What I find funny is that while many birthers have already admitted that they mostly care about the “court of public opinion”, these futile actual court cases continue. They don’t have any propaganda value anymore (given that the number of actual plaintiffs is small, I remember when birthers were hoping they’d get thousands of plaintiffs in every state to follow suit). So you can assume those who still go to court are the certified loons whereas their puppet masters have already abandoned that strategy.

  27. avatar
    Dr. Conspiracy August 30, 2012 at 9:37 am #

    The harm is twofold. First it breaks a long winning streak. Second, it encourages birthers to bring more lawsuits when the looney judge is overturned. Birther confirmation bias will look at the one win and forget about the 153 losses.

    The Magic M: Why anxiety? If one looney judge actually agreed with Orly, what damage would it do? I thought most of us agreed that if birtherism becomes in issue, it can only be to Obama’s advantage. Nobody sane would see this as more than it is, one loon who obviously spent too much time in the desert sun looking for Muslims under every grain of sand. And nobody who plans to vote for Obama would be swayed by this.

  28. avatar
    The Magic M August 30, 2012 at 10:31 am #

    Dr. Conspiracy: First it breaks a long winning streak.

    Since that doesn’t seem to discourage birthers, or interest the average voter, the streak is pretty academic by now. Besides, even if the results weren’t 0-153 but 3-150, it wouldn’t have changed anything in the big picture. (Though admittedly I would be worried if loons had a 2% winning chance in court, but for reasons other than the birfer issue.)

    Dr. Conspiracy: Second, it encourages birthers to bring more lawsuits when the looney judge is overturned.

    Since nothing seems to *dis*courage birthers, I don’t see how any *en*couragement would make a difference. They would have to look for “a second honest judge” the same way they’re looking for “a first honest judge” right now. Same sh*t, different label. 😉

    Dr. Conspiracy: Birther confirmation bias will look at the one win and forget about the 153 losses.

    Since I don’t really care what a birther thinks: so what?
    Orly is touting her “Malihi denied motion to dismiss” “victory” as if she had won the case. As I said over on nbc’s blog, it’s like a football team that lost 0-100 but goes “yay, we won the coin toss who gets to kick first!”.
    Is that getting her anywhere?

    Birthers would use that one hypothetical win just like Orly does now – they will submit the judge’s decision in any further court case, the defendants will submit the appeals court’s decision to reverse it and birthers would still be at square one.

    The only thing such a ruling would do is open their pockets even more (as in “now we need more donations to file more cases, you’ve seen we can actually win one!”). But that doesn’t really drive me to tears. In fact, these loons deserve to live under a bridge, even if it means scam artists like Corsi and Orly get to live in million dollar houses.

  29. avatar
    G August 30, 2012 at 11:15 am #

    Well, from the posts of Sammy Sewell and others, it seems that the whole point of the silly Birther DIY kit and many of these cases is purely for propaganda intent.

    I agree with you that the propaganda value is so low here that it might as well be zero. The problem that these fool Birthers have is that there has been so much of this silly frivolous nonsense, that new cases barely rate any media blip of notice at all. They are just wasting their time.

    The Magic M: They don’t have any propaganda value anymore (given that the number of actual plaintiffs is small, I remember when birthers were hoping they’d get thousands of plaintiffs in every state to follow suit). So you can assume those who still go to court are the certified loons whereas their puppet masters have already abandoned that strategy.

  30. avatar
    Thrifty August 30, 2012 at 11:43 am #

    LW: Home sick from civics class the decade our system of government was covered, then?

    I believe what john is thinking of when he says that courts will write the law is recent criticism that the Supreme Court essentially rewrote the health care reform law by stating that the individual mandate is a tax, when in fact it was never proposed as a tax.

  31. avatar
    Thomas Brown August 30, 2012 at 4:20 pm #

    Thrifty: With regards to allegations that Barack Obama is not eligible to be President, they can’t make a ruling because they can’t DO anything. The courts don’t have the power to remove a president from office. A ruling is not the issuance of an opinion; it actually has to DO something.

    An excellent point, Thrifty. Than you on behalf of all of us non-lawyers for that distinction.

  32. avatar
    HellT August 30, 2012 at 10:45 pm #

    john:
    As I said before, it has nothing to do with law.The courts cannot allow any litigation regarding Obama’s eligibility to take place.Such a ruling bringing into question Obama’s eligibility to be POTUS would have severe ramifications for the country.The courts do not want to be responsible for chaos and therefore will write the law always in Obama’s favor.

    That’s the same argument used in ufodumb to support their conspiracy theory that the gov’t has evidence of aliens visitations but is covering it up.

    “Why, there would be mass chaos! Panic in the streets! No, no, we can never let the citizenry know that ETs actually exist.”

  33. avatar
    ZixiOfIx September 2, 2012 at 7:50 pm #

    john:
    As I said before, it has nothing to do with law.The courts cannot allow any litigation regarding Obama’s eligibility to take place.Such a ruling bringing into question Obama’s eligibility to be POTUS would have severe ramifications for the country.The courts do not want to be responsible for chaos and therefore will write the law always in Obama’s favor.

    You have no proof of what you say, do you? For example, you don’t have any proof that chaos would ensue. In fact, you wisely don’t specify what you mean by chaos.

    Do you actually mean rioting by African Americans? If you do, you should be more specific. Say, “The courts do not want to be responsible for rioting by African Americans and therefore will write the law always in Obama’s favor”.

    On the other hand, if you mean something else entirely, you should specify that you mean something else entirely.

    It’s just that I can’t imagine what else you might mean when you say, “chaos”, especially because all of the potential “chaos” I’ve seen described by birthers has been in the form of the riots they imagine are coming any day now when African Americans go nuts. It’s like the birther’s other favorite fantasy, the Michelle Obama “whitey” tapes. They’re out there. They’re coming. Just you wait and see!

    Otherwise, your accusations that judges are afraid to kick the duly elected President of the United States out of office just sounds like sour grapes.

  34. avatar
    ZixiOfIx September 2, 2012 at 8:17 pm #

    HellT: That’s the same argument used in ufodumb to support their conspiracy theory that the gov’t has evidence of aliens visitations but is covering it up.

    “Why, there would be mass chaos! Panic in the streets! No, no, we can never let the citizenry know that ETs actually exist.”

    Great analogy.

    Claim: Aliens came from hundreds of millions of miles away, at a tremendous cost in terms of energy, effort, and time; but the US government said “no”. So the aliens abandoned whatever their mission was, quietly turned around and left. Or the aliens came from hundreds of millions of miles away, at a tremendous cost in terms of energy, effort, and time; crashed and immediately abandoned their mission right then and there. Or they came at very little cost, because they’ve figured out how to span great distances easily and cheaply, but one guy says “no” and that’s it- they’re outta here, taking their technology with them.

    Claim: Hundreds of people have been involved in grooming Barack Obama to be president for more than half a century – since before his birth. His purported parents, bankers, the CIA, the FBI, an Arabian Sheikh who paid for his college, his college professors, his school mates, his mother’s school mates, his siblings, his grandparents, a sitting president (President Bush), a presidential candidate or two (Hillary Clinton and John McCain), doctors, hospital staff, health department staff, governors, the State Department, the Social Security Administration, the Illinois Bar Association, Harvard, Columbia, and countless other individuals, groups and entities. Plus, if current birther theory is to be believed, either Frank Marshall Davis or Malcolm X.

    This all started years before African Americans had the right to vote in all 50 states.
    This started years before African Americans and whites could legally get married in all 50 states.

    BUT… it all falls apart because Obama did a really poor job of faking his birth certificate. Even though the CIA would have had to have known and cooperated, it would have been too obvious to use their forging services.
    Or it all falls apart because all of those people forgot that both parents have to be American citizens. Everyone knows that, right? It was in all the civics books in school, which have since been destroyed.
    Or it falls apart because (fill in the blank). Whatever the blank is, you can’t fool birthers. They’re onto you and your shenanigans.

    Just like the alien true believers, the birthers live in a world where common sense simply cannot exist alongside their theories.

  35. avatar
    G September 2, 2012 at 11:49 pm #

    Well said!! Excellent illustrative examples too. Kudos.

    ZixiOfIx: the birthers live in a world where common sense simply cannot exist alongside their theories.

  36. avatar
    The Magic M September 3, 2012 at 4:56 am #

    ZixiOfIx: Or they came at very little cost, because they’ve figured out how to span great distances easily and cheaply, but one guy says “no” and that’s it- they’re outta here, taking their technology with them.

    And that still makes a lot more sense than the birther theories. 😉

    ZixiOfIx: Claim: Hundreds of people have been involved in grooming Barack Obama to be president for more than half a century – since before his birth.

    Well, if birthers used even an iota of common sense within their own bizarro world, they would have to assume that “they” groomed much more than just one person. Y’know, such an almighty and brilliantly planning conspiracy goes without any backup plan? One accident ruining 50 years of grooming? Inconceivable.
    Hasn’t any of them ever seen “The Boys from Brazil”?

  37. avatar
    aarrgghh September 3, 2012 at 5:22 am #

    The Magic M: Well, if birthers used even an iota of common sense within their own bizarro world, they would have to assume that “they” groomed much more than just one person. Y’know, such an almighty and brilliantly planning conspiracy goes without any backup plan? One accident ruining 50 years of grooming? Inconceivable.

    there has been talk of a backup plan — “the perfect hedge”, in fact:

    “let’s not forget, the soviets were master planners, and like all master planners, they kept a backup manchurian always ready on a parallel track, just in case the americans did the unexpected and actually pass[ed] up the opportunity to elect a biracial african american with a funny muslim name from a radical black liberation church.

    so, for the perfect hedge, they would need to recruit a white christian all-american whose patriotism would never be questioned. nothing less than a decorated war hero could possibly fit the bill, so all that was necessary was a canvassing of the many available candidates languishing in the jungle prisons of its vietcong lackeys …”

  38. avatar
    JD Reed September 3, 2012 at 9:09 am #

    ZixiOfIx: .Do you actually mean rioting by African Americans? If you do, you should be more specific. Say, “The courts do not want to be responsible for rioting by African Americans and therefore will write the law always in Obama’s favor”.
    On the other hand. we’ve noticed County Judge Tom Head in Lubbock, Texas, who’s convinced rioting will occur if Obama is re-elected, so he’s proposing a sizable property tax increase to beef up the sheriff’s deputy force to deal with the civil unrest that will follow. Head has shown himiself to be a birther or fellow traveler, so we have duelling riot scenarios from birtherstan. What’s a poor voter to do?

  39. avatar
    misha September 3, 2012 at 5:28 pm #

    ZixiOfIx: Or they came at very little cost, because they’ve figured out how to span great distances easily and cheaply

    That’s because I was kidnapped, and taught them how to buy wholesale. They abandoned their mission, because they got spoiled.

    Really, people. It’s sooo simple.

  40. avatar
    Dr. Conspiracy September 10, 2012 at 1:04 pm #

    So does this imply the transmission of information faster than the speed of light?

    ASK Esq: The only thing Orly knows is that, no matter what, she is always right, so, therefore, anyone who disagrees with her is, by definition, wrong.

  41. avatar
    misha September 10, 2012 at 1:50 pm #

    Dr. Conspiracy: So does this imply the transmission of information faster than the speed of light?

    Faster than a speeding bullet, more powerful than a locomotive…oops, wrong character.

    When will Orly Taitz have her full blown breakdown? Place your bets on Intrade.