Wednesday News Reads: Day ThreePosted: March 28, 2012
Today is day three of the Supreme Court hearings on Obamacare. For a preview of this morning’s activities we go to SCOTUS Blog:
The articles are best read in full, so I won’t quote from them, there is also a main page for the healthcare hearings you can go to at SCOTUS blog: Health Care : SCOTUSblog
From Reuters, U.S. top court weighs all-or-nothing on healthcare law
* Asks if law can survive without insurance mandate?
* Justices to end three days of historic arguments
* Will also take up Medicaid expansion for the poor
The fate of President Barack Obama’s healthcare overhaul will be on the line on Wednesday when the U.S. Supreme Court considers whether the entire law must fall without its centerpiece insurance mandate.
Completing three days of historic arguments, the nine justices will hear arguments on whether the rest of the law, Obama’s signature domestic accomplishment, can survive should the court decide Congress exceeded its powers by requiring all Americans buy insurance by 2014.
The Obama administration faced skeptical questioning on Tuesday from the court’s five-member conservative majority on the insurance requirement. But it was unclear whether it would strike it down or let it stand.
A ruling on the mandate that most people obtain health insurance or face a penalty appeared likely to come down to Chief Justice John Roberts and Justice Anthony Kennedy, two conservatives who pummeled the administration’s lawyer with questions.
If even one of the five conservative Republican appointees joins the four liberal Democratic appointees on the court, the law would be upheld. If the five conservatives remain unified, the law would fall. A ruling is expected by late June.
The Raging Cajun had a lot to say about yesterday’s hearing…Carville: A Supreme Court loss will help Democrats
While the Obama administration fights to protect the constitutionality of the Affordable Care Act, Democratic strategist and CNN contributor James Carville said a Supreme Court overruling may not be such a bad thing for the president, politically.
“I think this will be the best thing that has ever happened to the Democratic Party,” Carville said Tuesday on CNN’s “The Situation Room with Wolf Blitzer.”
He added: “You know, what the Democrats are going to say, and it is completely justified, ‘We tried, we did something, go see a 5-4 Supreme Court majority’.”
Video of the interview at the link.
I am going to stay away from Trayvon Martin links this morning and give you a look at the murder of an Iraqi woman in California.
Sam Hodgson for The New York Times
There are still no leads, which seems both strange and frustrating.
Shaima Alawadi’s family says they found the first note taped to the front door of their house on a quiet suburban street here. It said: “This is my country. Go back to yours, terrorist,” according to her 15-year-old son, Mohammed.
Ms. Alawadi’s husband, Kassim Alhimidi, says he wanted to call the police. But his wife said no, insisting the note was only a child’s prank. Like many others in the neighborhood, the couple were immigrants from Iraq. In 17 years in the United States, they had been called terrorists before, he said.
Last week, Shaima Alawadi’s was found by her daughter, she was beaten with a tire iron and died from her injuries three days later.
“At this point, we are not calling it a hate crime,” said Lt. Mark Coit of the El Cajon police. “We haven’t made that determination. We are calling it an isolated incident, because we don’t have any evidence of anything similar going on at this point.”
What about that obvious hate filled note found near Alawadi’s body?
Anyway, this NYTimes article focuses on the neighborhood and comments from people who live in the “tight knit” community of El Cajon.
One thing that foreclosure defense attorneys have seen as a huge red flag of servicer chicanery is the use of allonges. An allonge is a separate piece of paper used for endorsements that is required by the Uniform Commercial Code to be “affixed” to the note and used for endorsements when there is no more space left on the note for signatures. Allonges were pretty much never seen until the robosigning scandal, since all the space on a note (meaning the back and the margins) can be used for endorsements. But they have a funny way of showing up out of nowhere and solving all the problems with a particular foreclosure. Of course, if an allonge really was “affixed,” it shouldn’t be possible for it to materialize out of nowhere.
So readers can see how this looks up close, I’m attaching this pleading from Lynn Szymoniak (the foreclosure fraud investigator who appeared on 60 Minutes and later received $18 million in settling a qui tam case as part of the national foreclosure settlement). Lynn in still embroiled in an an ongoing foreclosure fight and a major bone of contention is whether the party trying to foreclose has standing.
I suggest you read this filing in full; it’s pretty comprehensible on its own. For newbies to this sort of thing, one thing that is it important to understand is that all the documents pertaining to a specific mortgage (the note, the mortgage, which is the lien on the property, title insurance, etc) go in a single file called a collateral file. It is supposed to be with the trustee or a custodian hired by the trustee, unless it has been sent out for a specific purpose. The documents in a collateral file are put in in a particular order (generally chronological) and are supposed to remain in that order.
And one last link for you, this time we will go back to L.A., Magic Johnson’s Group Wins Dodgers Auction With Record $2 Billion Bid – Forbes
Los Angeles Dodgers owner Frank McCourt announced an agreement Tuesday night to sell the team to a group that includes former Los Angeles Lakers star Magic Johnson and former baseball executive Stan Kasten for $2 billion, a record price for a North American sports franchise.
The Johnson group’s bid was bankrolled by Guggenheim Partners, a privately held financial firm that manages over $125 billion. If the deal is approved in federal bankruptcy court, Guggenheim CEO Mark Walter would become the controlling owner.
That is all I have this morning, sorry it is a bit late…and on the short side. I will post more news links in the comments below. So what are you reading about today?