# The Cooch thinks he's going to sue America if health care passes - what is it with this butthole? **URL:** \ **Category:** The BBQ Pit\ **Created:** [March 18, 2010, 2:38am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838 "2010-03-18T02:38:49Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 1:41pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/61 "2010-03-18T13:41:08Z")
> [@Diogenes\_the\_Cynic](#): > > the federal government can do anything the Consititution doesn’t forbid it from doing. Wow. This is simply not true. In fact, the oposite is the case–the federal government can do only what the constitution says it can do. Certain of its powers have (unfortunately IMHO) been construed so broadly that effectively it can do almost anything unless the constitution forbids it, but how you stated it is simply not a correct statement of constitutional law. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 2:10pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/62 "2010-03-18T14:10:53Z")
Lobo, you are a fucking idiot, and obviously so. You said that the Cooch is encouraging discrimination against homos. You then moved the goalpost by arguing that changing the law so that homos are not protected encourages discrimination against them. Both are wrong for different reasons. First, the Cooch apparently believes that a college can put a group on the list of protected groups only if that group is on the list passed by the state legislature. Therefore, his opinion is based on the law, not any desire to encourage dscrimination. His opinion would presumably be the same if a college tried to put extra-terrestrials on their list. Second, the Cooch’s opinion only impacts colleges that want to include homos as a protected class. Do you really think that these xolleges are likely to now actually discriminate against homos since they can’t be a protected class? Your examples of changing laws that encourage behavior all assume that people would want to engage in that behavior in the first place–these colleges have provided the strongest evidence possible that they don’t want to engage in that behavior. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 2:12pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/63 "2010-03-18T14:12:55Z")
Yes it is. Whatever is not unconstitutional is Constitutional. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [March 18, 2010, 2:21pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/64 "2010-03-18T14:21:27Z")
> [@Rand\_Rover](#): > > Second, the Cooch’s opinion only impacts colleges. Actually prior to the opinion piece he sent to the colleges, he worked with the new governor to rescind the executive order that was in place to prevent discrimination for all state positions. They replaced it with one that specifically did not include gays. While he is not specifically discriminating against gays it is pretty clear he does not want anyone punished for doing so. He is fighting hard to make sure those who want to put up ‘gays need not apply’ signs can do so freely and legally. The guy is a douche but go on defending him he seems like your type. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 2:22pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/65 "2010-03-18T14:22:55Z")
> [@Rand\_Rover](#): > > Lobo, you are a fucking idiot, and obviously so. > > You said that the Cooch is encouraging discrimination against homos. You then moved the goalpost by arguing that changing the law so that homos are not protected encourages discrimination against them. Both are wrong for different reasons. > > First, the Cooch apparently believes that a college can put a group on the list of protected groups only if that group is on the list passed by the state legislature. Therefore, his opinion is based on the law, not any desire to encourage dscrimination. His opinion would presumably be the same if a college tried to put extra-terrestrials on their list. > > Second, the Cooch’s opinion only impacts colleges that want to include homos as a protected class. Do you really think that these xolleges are likely to now actually discriminate against homos since they can’t be a protected class? Your examples of changing laws that encourage behavior all assume that people would want to engage in that behavior in the first place–these colleges have provided the strongest evidence possible that they don’t want to engage in that behavior. 1. Cooch is wrong on the law. Universities do have the power to set their own discrimination policies under the umbrella granted to them to set their own policied regarding employment, safety and discipline. The Governor has tacitly acknowledged this by telling the universities in question to ignore Cooch’s edict and continue with business as usual. 2. Telling universities they are not allowed to stop discrimination is the same as saying they have to allow it. The institutions themselves may not discriminate (but there would be nothing stopping them in Cooch’s ideal world, least of all the Virginia Attorney General), but Cooch is also saying that they do not have the power to stop students from doing it. Cooch thinks schools would be violating the law to prevent individual students or student organizations from discriminating against or harrassing GLBT students. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [March 18, 2010, 2:33pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/66 "2010-03-18T14:33:13Z")
> [@Diogenes\_the\_Cynic](#): > > Yes it is. Whatever is not unconstitutional is Constitutional. Actually, it is exactly the opposite. > [@The Tenth Amendment](#): > > The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. IOW, the federal government may not do anything at all, unless the Constitution explicitly says so. Of course, you are an idiot, so you will deny it (without evidence). Regards, Shodan ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 2:50pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/67 "2010-03-18T14:50:56Z")
> [@Shodan](#): > > Actually, it is exactly the opposite. The “opposite” is a restatement of the exact same thing. Let’s put it another way. Whatever is not unconstitutional is not unconstitutional. Is that easier to follow? > [@](#): > > IOW, the federal government may not do anything at all, unless the Constitution explicitly says so. This is typical right wing fantasy, but it’s horseshit. If you guys are really consistent about this, though, then you’ll have to agree that the 2nd Amendment is not an incorporated right and that states have a right to ban anything they want. ---
**Author:** ![Zeriel](https://avatars.discourse-cdn.com/v4/letter/z/58956e/32.png) [@Zeriel](https://boards.straightdope.com/u/Zeriel)\ **Post date:** [March 18, 2010, 3:02pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/68 "2010-03-18T15:02:11Z")
> [@Diogenes\_the\_Cynic](#): > > The “opposite” is a restatement of the exact same thing. > > Let’s put it another way. Whatever is not unconstitutional is not unconstitutional. Is that easier to follow? > > This is typical right wing fantasy, but it’s horseshit. > > If you guys are really consistent about this, though, then you’ll have to agree that the 2nd Amendment is not an incorporated right and that states have a right to ban anything they want. Uh, as a pretty left-wing kinda guy, the Tenth Amendment pretty much DOES mean exactly what Shodan says–the powers of the Federal Government are limited to those expressly mentioned. The fact that the interstate commerce clause has been consistently held to be an essentially blank check for the Federal government to do whatever the hell it wants doesn’t change the bare facts of the matter. ---
**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\ **Post date:** [March 18, 2010, 3:06pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/69 "2010-03-18T15:06:02Z")
> [@Lobohan](#): > > However, you do \*not \*choose to get sick. Getting sick is a part of the human condition and everyone will need healthcare at some point. So, since you have chosen to live, you need health care. Even someone of your limited capacity should be able to see this. Needing health care at some point is not the same as needing health care insurance. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [March 18, 2010, 3:08pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/70 "2010-03-18T15:08:17Z")
So what do you say when tickling a yuppie scum baby? “Gucci, Gucci, Gucci!” Thank you, thank you, I’ll be here all week, and there ain’t shit you can do about it… ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 3:11pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/71 "2010-03-18T15:11:11Z")
> [@Zeriel](#): > > Uh, as a pretty left-wing kinda guy, the Tenth Amendment pretty much DOES mean exactly what Shodan says–the powers of the Federal Government are limited to those expressly mentioned. > > The fact that the interstate commerce clause has been consistently held to be an essentially blank check for the Federal government to do whatever the hell it wants doesn’t change the bare facts of the matter. I don’t see how the 10th Amendment is applicable here. Yes, the 10th Amendment is a restriction on the federal government, but this health care plan does not violate that restriction. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [March 18, 2010, 3:11pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/72 "2010-03-18T15:11:37Z")
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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 3:15pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/73 "2010-03-18T15:15:14Z")
> [@Nars\_Glinley](#): > > Needing health care at some point is not the same as needing health care insurance. That’s like saying that you don’t need auto liability insurance unless you get in a crash. These distinctions are meaningless anyway. It’s been well established that the federal government can do things like this, and any attempted lawsuits are just grandstanding political theater. ---
**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\ **Post date:** [March 18, 2010, 3:31pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/74 "2010-03-18T15:31:29Z")
> [@ToeJam](#): > > Man… it’s so weird hearing my Uncle tell me stories of how he went to high school/college with a dude that he and their freinds used to call “The Cooch” and now to see that apparently he’s become the AG of my state. > With a nickname like The Cooch, I’d expect him to be a cooler laid back dude! I know. Someone called The Cooch, should be the cool guy with the mint 57 Chevy or tricked out GTO. ---
**Author:** ![Lobohan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobohan/32/79_2.png) [@Lobohan](https://boards.straightdope.com/u/Lobohan)\ **Post date:** [March 18, 2010, 3:32pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/75 "2010-03-18T15:32:01Z")
> [@Nars\_Glinley](#): > > Needing health care at some point is not the same as needing health care insurance. True. But what happens now is if you need health care and don’t have insurance you pass the cost on to society at a substantial markup. Say _ **Dude with No Insurance** _ gets t-boned in an intersection and his lung is punctured. He doesn’t have insurance. So the half million dollars it costs to put his insides right… where does that come from? He declares bankruptcy, loses his house, and people with insurance end up paying it. So it is sensible to try and get everyone with insurance. Because _ **Dude with No Insurance** _, whoever he is can get a tumor, or in an accident at any time. ---
**Author:** ![Zeriel](https://avatars.discourse-cdn.com/v4/letter/z/58956e/32.png) [@Zeriel](https://boards.straightdope.com/u/Zeriel)\ **Post date:** [March 18, 2010, 4:23pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/76 "2010-03-18T16:23:29Z")
> [@Diogenes\_the\_Cynic](#): > > I don’t see how the 10th Amendment is applicable here. Yes, the 10th Amendment is a restriction on the federal government, but this health care plan does not violate that restriction. I agree, it’s irrelevant to the actual debate–the commerce clause and general welfare clauses together make a perfectly valid Constitutional reasoning for the Federal Government’s ability to mandate universal health care. I’m just trying to gently correct your incorrect statement from post 31 (“the federal government can do anything the Consititution doesn’t forbid it from doing.”) which is, simply, flat-out wrong BECAUSE of the 10th, which pretty much has universally been held to expressly forbid the federal government from doing anything not covered in the constitution. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 18, 2010, 4:30pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/77 "2010-03-18T16:30:24Z")
I… agree with **Rand Rover**. To an extent. Of course, it’s pretty fucking obvious that Cuccinelli is operating on entirely partisan grounds here, not legal principle, so fuck him. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 4:33pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/78 "2010-03-18T16:33:11Z")
I agree with Zeriel. Dio, it’s really sad that you don’t grasp the fundamental concept of enumerated powers. It is one of the main reasons for having a constitution in the first place and, really, engaging in that whole Revolutionary War business in the first place. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 4:57pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/79 "2010-03-18T16:57:54Z")
> [@Really\_Not\_All\_That\_Bright](#): > > I… agree with **Rand Rover**. It only hurts the first time. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 18, 2010, 5:39pm UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/80 "2010-03-18T17:39:45Z")
This is the second time, and the pain is _worse_. [Previous page](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838.md?page=3) [Next page](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838.md?page=5)