Question 5: Analysis The petitioner raises multiple issues regarding the IRS' final rule and interpretation of the provision regarding tax credits for taxpayers payers signed up in "an exchange established by the state." The IRS' final rule stated that the provision pertained to both state and federal exchanges. Petitioner argues that the phrase "established by the state," refers to just the states that have their own exchanges, and not the federal exchange. Therefore, the petitioners would not be eligible for the tax credits, and would not be required to maintain insurance coverage since the cost would exceed eight percent of their income. When the Supreme Court must analyze an agency's interpretation of statutes, the Court applies the two-step …show more content…
In writing about this issue, Jacob Gersen wrote that in United States v. Mead, “the Court concluded that Chevron deference is appropriate 'when it appears that Congress delegated authority to the agency generally to make rules carrying the force of law, and that the agency interpretation claiming deference was promulgated in the exercise of that authority” (Gersen, 2006). In King, the Court wrote that the issue at hand was not for the IRS since it was not an expert in crafting health insurance plans. So the question that needs to be asked is, if according to the Court, the IRS was not in position to make the interpretation, whose interpretation are they determining whether is reasonable? Did the Court change step two of the framework, and allow itself to disregard agencies and make its own determination of what the interpretation should be? In Chevron the Supreme Court gave deference to the agency, due to their expertise, along with being indirectly accountable to the people, unlike the courts. In an article, Kristin Hickman wrote, “Resolving statutory ambiguity necessarily implicates choosing among various policy alternatives; and it is the job of administering agencies, not courts to make these policy choices” (Hickman,
The law will not tolerate any breeches in the policies set out. Any breeches will be regarded as misconduct except for serious offences as discrimination, bullying or victimisation will be treated as misconduct and may lead to disciplinary action including dismissal from employment without notice.
“All the cells take in and use nutrients and other substances from their surroundings. Cells of the intestine and the kidney are specialized to carry out absorption. Cells of the kidney tubules reabsorb fluids and synthesize proteins. Intestinal epithelial cells reabsorb fluids and synthesize protein enzymes” (McCance & Huether, pg. 2).
P6- follows guidelines to interpret collected data for heart rate, breathing rate and temperature before and after a standard period of exercise
D1 – Evaluate the impact of war, conflict and terrorism on one UK Public Service
In regards to the court ruling in favor of the President, they found that “By the plainest implication it excludes congressional dealing with the appointments or removals of executive officers not falling within the exception and leaves unaffected the executive power of the President to appoint and remove
Looking at the outcomes, which are the result of the support plan, these include inputs, outputs and outcomes. In simplified terms, these items look like:
Employee performance is a performance criteria standard of an employee, they must have good behaviour and mustn’t do anything bad like waste time. Employees are rated on how well they do their jobs compared with a set of standards determined by the employer.
When it comes to policymaking, the Supreme Court decides if laws are constitutional. Actions undertaken by the other branches of government recieve judgement through the power of judicial review. Ideology and judicial philosophies play an important role in judicial decision making, which in the end both informs and influences policy. Judicial decision making can be complex in ways that give certain weight toward factors dependent on the approach that justices take on the interpretation of specific laws and the Constitution.
1.1 Explain the importance of a holistic approach to assessment and planning of care or support.
Mental illness in this manner is the belief that such illnesses can be identified and classified (As in the DSM & ICD)
This was seen in in the Bush Vs Gore case during the 2000 presidential election in which the Supreme Court decided the outcome of the election by not allowing a Florida recount resulting in Bush winning the presidency. This was controversial the court should not be a political branch. However, the Conservative nature of the court at the time meant that they worked in favour of Bush and that determined their decision.
Unit: 654 Manage disciplinary processes in health and social care or children and young people's settings.
Judicial restraint occurs when justices adhere to precedents set by existing legislation and previous cases, playing the typical “referee” role in the policymaking system (Edwards). This strategy is used to limit the power of the courts, and justices who favor restraint will typically rule based on past decisions to prevent any increase in judicial power. Judicial activism, on the other hand, is creating bold new policies (Edwards). Proponents of activism incorporate personal interpretations of the law rather than abiding to traditional precedents. This strategy has been used by various Supreme Courts, both liberal and conservative, to give the court a larger role in the policy making process (Edwards).
Despite the poor taste in how the ad was portrayed, the ad (Carl Juniors) does effectively measure up to the characteristics of an effective technical document. The ad addresses a particular audience that resonates with consumption of burgers and an Eurocentric form of beauty. A vast majority of the audience is more than likely as captivated by the “Blonde-haired, Blue-Eyed” form of beauty and a thick full burger filled sandwich. The commercial helps to solve the problem of knowing where to purchase your next burger when you have a craving by highlighting that the burger, instead of the women, is capturing the attention of the male on lookers. Although briefly. the commerical reflects the organization (Carls Jr.) goals and culture of producing an all natural grass-fed burger that is without antibiotics, added hormones, and steroids. The commercial is produced collaboratively in the sense that even though the broad message is that “sex sales”. There are components where the commercial focuses on the burger, with bold letterings the signify important markers for the audience, as well as the design playing on the human psyche to insinuate that the model is naked. There is also a small coupon
From the outset, Hogan and Morgan make it clear that controlling the review of administrative discretion is a difficult area of law to master, particularly noting “the formulation of a precise test is especially difficult because it has been made to apply to such a wide range of subject matter.” Indeed the practice of reviewing administrative discretion is one that involves many interlinking factors, and has punctuated the judicial system for many years. Even to this day, “the law in relation to…discretionary power is in a state of change.”