Saturday, July 5, 2008

One Talking Point From The Right I Agree With

The right wing often likes to state that it's important to remember that who you vote for, whether it is for President of the United States, or for Governor of Wisconsin, that the person you voted for will be appointed that country's or the state's highest judges. They are absolutely correct in this assertion.

From the Associated Press, via the Seattle Post-Intelligencer, we learn of a widow that was bilked out of her husband's benefits after he passed away. This is even though the employer pulled a fast one on the family. The man, Thomas Amschwand, was dying of cancer, and tried his best to make sure that he had tied up all lose ends, and that his wife would be taken care of: :
Spherion's decision to deny benefits to Amschwand-Bellinger turned on an odd set of facts. Spherion, which employs about 300,000 people, switched insurers after Thomas Amschwand was diagnosed with a rare form of heart cancer. The new policy did not take effect until an employee worked one full day. Spherion never informed Amschwand of the requirement.

Amschwand asked repeatedly whether there was anything else he needed to do and was told no. He asked that the new policy be sent to him. Spherion never did so.

He died without returning to work. His widow said he easily could have worked a day if that was what it took to activate the new policy. Spherion could have waived the one-day-of-work provision, as it did for other employees but not for Amschwand.

The widow, understandably, tried to sue to get the benefits that she were coming to her, but lost the case in court. She's tried to appeal the ruling, but the United States Supreme Court refuses to review the case.

All of this is in spite of the fact that the judges know that what is going on is utter crap. From the same article:
Federal appeals courts, interpreting Supreme Court decisions dating to 1993, consistently have said companies that offer health, life and retirement benefits under ERISA cannot be sued for large amounts of money, or damages. Instead, they can be sued only for typically smaller sums such as Amschwand's insurance premiums.

Several federal judges have bemoaned the unfairness even as they have felt constrained to rule in favor of employers.

"The facts ... scream out for a remedy beyond the simple return of premiums," Judge Fortunato Benavides of the New Orleans-based 5th U.S. Circuit Court of Appeals said in the Amschwand case. "Regrettably, under existing law it is not available."

So, yes, the righties have one thing correct. It is important, very important indeed, to keep in mind that the person you vote for can have far ranging ramifications. Unfortunately, the right doesn't seem to understand what the ramifications are for the average working man, or his family, or they just don't care.


  1. Regrettably, under existing law it is not available."

    IIRC, it is Congress which writes laws, Capper.

  2. Another reason to toss daddio's types out of office.

  3. You'll have to help me out here, capper. How is this the fault of the "righties"?

  4. FP-

    When I said the right doesn't understand, I was referring to the last two elections for Wisconsin Supreme Court, and the measures they took to make sure their candidate one.

    Now we have a state Supreme Court Justice that started her term under investigation for inappropriate behaviors. Another one that only escaped investigations due to agencies letting the ball drop.

    And the Supreme Court has made, in my opinion, some poor decisions as well.

  5. C'mon, Caps. Most judges and pols, in your opinion, make bad decisions. Just as I think the same way about most dems. It's called bias! Don't make me get the tape mister! LOL

  6. What happened to your hair? OMG!

    Get the tape.