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It’s not that Donald Trump wants to beat up your grandma. It’s just that, if Godforbid your grandma gets beat up in a nursing home, he doesn’t want you to be able to sue the nursing home, which would be bad for business. WHY U MAD, BRO?

A year ago, the Obama administration outlawed mandatory arbitration clauses in admission agreements for nursing homes that receive Medicare or Medicaid funding. Because allowing care providers to slip some legalese into the fine print that shunted families down the wormhole of arbitration seemed like really shitty public policy. Does the average stressed out person navigating the process of getting care for her aging parents understand that language like this means she can never sue, no matter how badly the facility screws up?

Any dispute, controversy or claim arising out of or relating in any way to [the agreement/the relationship] including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach [of the agreement], shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. [In the event of a dispute, controversy or claim arising out of or relating in any way to [the agreement/the relationship], the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.]

And even if she does realize she’s signing away her right to sue, what choice does she have if every single facility in the state uses the same language?

In fact, the anti-arbitration regulation never went into effect because nursing homes and their trade group, the American Health Care Association (AHCA, but not the terrible House healthcare plan) filed a class action to stop it. Yes, the nursing homes filed a class action so they could stop those whiny patients from filing a class action. And they just happened to file their suit in Mississippi, where a friendly federal judge decided that the law violated the Federal Arbitration Act. So the AHCA delivered a nationwide injunction for its members, and patients got locked out of the legal system. The case is on appeal, but will probably be dismissed since the Trump administration is doing the AHCA a solid and killing the law.

Fun Fact: Mississippi courts found that an illiterate patient was still bound by the arbitration clause in his nursing home agreement. Because he should go without care until he learns to read, we guess?

The AHCA argues that it’s better this way. If nursing homes can get sued when they screw up, then it just drives up the cost of care for everyone. Clearly, those people suing over a little bit of elder abuse are the real moochers here, as an AHCA press release makes clear:

The Requirements of Participation final rule, issued by the Centers for Medicare and Medicaid Services (CMS) on September 29, will prohibit skilled and nursing care facilities from entering into pre-dispute arbitration agreements with residents at their centers, no matter how fair or beneficial those agreements may be to residents.

Which is probably news to Scott Barrow, whose 100-year-old mother Elizabeth Barrow was strangled by her 97-year-old roommate at a nursing home in Massachusetts. Mrs. Barrow’s family had asked to change rooms because of her roommate’s violent behavior, but was ignored by the staff. The arbitrator still found the Brandon Woods nursing home was entirely blameless for his mother’s death. Per NYT,

Mr. Barrow said he was optimistic but soon became disillusioned with the process. His legal team said they discovered that the arbitration firm running the hearing had previously handled more than 400 arbitrations for the law firm representing the nursing home company. […]

The arbitrator ultimately ruled in the nursing home’s favor but provided no explanation. His ruling consisted of a single check mark, indicating that Brandon Woods had not been negligent in its care of Mrs. Barrow.

Mrs. Barrow’s family had no recourse against the nursing home. At least the Commonwealth of Massachusetts arrested the 97-year-old roommate and charged her with murder. So justice was served!

Here on Planet Earth, arbitration is nothing like the panacea that nursing home lobbyists pretend it is. As the organization Fair Arbitration Now notes,

In arbitration, there is no judge, jury or right to an appeal. The arbitrators do not have to follow the law, and there is no public review of decisions to ensure the arbitrator got it right. Moreover, contracts typically name the arbitration that must be used – the one preferred by the company.

Forced arbitration frequently costs more than taking a case to court, and can cost thousands of dollars. Individuals often have to pay a large fee simply to initiate the arbitration process. Then in order to arbitrate, individuals sometimes have to travel thousands of miles on their own dime. In the end, the loser (usually the individual) often pays the company’s legal fees.

But the Trump administration is never going to pass up a chance to tilt the playing field in favor of corporations. So they announced their intention to repeal the Obama administration’s oppressive regulation this summer, and all public comments were due today. Do Boomers get that they now have zero recourse if an aide making $8 per hour leaves them to wallow in their own filth until they are covered in bedsores? Or are they too busy complaining about lazy millennials and their avocado toast to even notice?

MAGA!!!!!

[The Hill / Center for Medicare and Medicaid Services / Federal Register / Time / NYTimes]

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  • Skwerl the Taco Hunter

    But binding arbitration is freedom!
    -stupid libertarians.

    • Edith Prickly

      Oversight is for moochers and looters!

  • Blackest Noobs

    O/T: Money

    if your money is fucking wet or sticky, don’t fucking hand to over to pay for something. Yes i know it legal and tender but fuck you asshole.

    it’s bad enough i could smell you from a mile away…jesus fucking christ.

    • Michael R

      I told you not to work at a porno book store .

      • Blackest Noobs

        surprisingly money is fresh and crisp at the porno book store…not so much at your fucking public library.

        even pervs have better manners…go fucking figure.

    • Swampgas_Man

      Sweaty, too. GawdDAMN people, is it so much trouble to keep money in your wallet on a hot, muggy day?

    • Augustus

      I used to know a guy who would regularly keep his money under his feet in his shoes

      grimey

      • Blackest Noobs

        i would probably skull fuck that guy with his own shoe

  • MrTusks

    This creates jobs for arbitrators! Why does your grandma want to kill jobs??

  • Cosmopolitan John

    Anyone who asks you to sign an arbitration clause is asking you to piss away your legal rights. I used to work for a large evil law firm that asked all of its employees to do this back in the 90s. Fuck them.

    • armed_bears

      asking you to piss away your legal rights.

      This is medical tort reform, also too: The notion that YOUR lawyer is gumming up the works with silly, expensive claims, while MY lawyer is just doing his job.

  • armed_bears
  • Mike Steele

    Guest lecturer in paralegal Elder Law class was dr/atty who worked as advocate for the aged in PA. He related actual case histories (complete w/photos) that no amount of brain bleach could ever erase. Back then, at least families could sue. With this, just the latest, ugliest manifestation of TeamTrump to date, you’d think Faux – so fair, so balanced, so solicitous of the little people – would make this their scandal du jour. But, noooooo…her e-mails, doncha know.

    • cmd resistor

      Old people are too old to have blonde hair so they can’t be true FOX victims. Also, too, those old folks should just get out those bootstraps and take care of themselves.

  • Crystalclear12

    Face eating leopard joke goes here.

  • cmd resistor

    I hope that Mr. Trump has the pleasure of residing in a nursing home where his care depends on how nice he is to staff and he is unable to sue anyone about it.

    • AmazingProfessionalCrastinator

      Works the same way in prison.

      • cmd resistor

        Why not both, if he doesn’t get a life sentence.

        • AmazingProfessionalCrastinator

          How many years is a life sentence for a 71 year old obese Cheeto? Enquiring minds want to know.

  • Call me crazy, but any sort of court that opens with: “One of the parties involved just paid me a large sum of money to impartially hear this case,” does not inspire me with great confidence for a just outcome.

  • MrTusks

    Don’t forget that it’s not the companies that are at risk for things like this…it’s the liability insurers. The companies have no reason to rise above gross negligence because it’s covered by insurance, and the insurers can outspend you in legal proceedings. Any rhetoric that this is meant to save jobs or protect nursing homes is bullshit. This is meant only to preserve campaign donations from big insurance.

  • Crystalclear12

    I take comfort in the fact somewhere out there is a nursing home waiting to admit Trump.

    You know his family won’t take care of him!

  • calliecallie

    Being in a nursing home is depressing enough without the filth wallowing and bedsores. I hope I get hit by a bus or something when I’m in my late 80s and that I retain all my mobility and my faculties until that time.

  • theblackdog

    It seemed like for a while there was a big pushback against binding arbitration. What happened?

    • Crystalclear12

      MAGA

    • ghastly_fop

      Fucking republicans

    • Augustus

      republicans came to power

    • MrTusks

      Pushback by whom? The powers that be love it.

      • theblackdog

        They do, but I remember there was a lot of consumers who started saying “Oh hell no” and opting out and it seemed like a few companies backed off, but now it’s come back into style.

    • Dr. Rrrrrobotnik

      Anthony Kennedy’s Supreme Court happened. Because to him, we’re all equal under the law and our corporate masters.

  • Angela Ruzzo

    My aunt was in a nursing home that had a fire drill, and they put everyone in wheelchairs and rolled them out to the sidewalk alongside a steep hill and forgot to lock the brakes on my aunt’s chair, which rolled down the hill and pitched her out onto a gravel road. Luckily, all that resulted was a broken ankle, but this sent her to the hospital where she picked up an infection that ultimately killed her 2 months later after her return to the nursing home. Of course there was an arbitration clause. Well, she was 91 so the family decided not to pursue any action.

    • (((fka_donnie_d)))

      Fuck.

  • Dr. Rrrrrobotnik

    Arbitration was a great idea, that you take the combativeness and formality out of legal issues and get down to a real deal that everyone agrees to and saves everyone money. But it got perverted as soon as companies realized that there’s basically no oversight as to who the arbitrator is. As it just so happens, arbitrators tend to be associated with, and friendly to, the companies and industries they arbitrate over!

    • Beanz&Berryz

      That steady supply of arbitration business is good for the arbitrator’s business…

      • Dr. Rrrrrobotnik

        Also, strangely, the party at the “employee” side of the table keeps changing, but the person at the “company” side stays the same. I wonder who you’ll develop a working/quid pro quo relationship with?

        • Beanz&Berryz

          Rapport can really help resolve conflict….

    • jowgajen

      The corps pay the arbiters. You tend to be willing to adjust your practices to make your customers happy regardless of what your business is. So … arbiters tend to make the corps happy because they like to get paid for their work and they like to get more work, etc.

      • UncleTravelingMatt

        This is why the National Arbitration Forum signed a consent decree (after the Minnesota AG went after them) agreeing to stop doing consumer debt arbitration.

    • MrTusks

      In my litigation days I used to hate arbitration. There are no rules and the outcome is pretty much dependent entirely upon who you choose as arbitrator. The cost savings are negligible, if it isn’t actually more expensive.

    • Proud Liberal

      Arbitration costs an arm and a leg. That’s why people don’t usually pursue any action.

      • Dr. Rrrrrobotnik

        Hence “was”, before ratfuckery happened. Court costs are still pretty damn high, and arbitration was supposed to be lower-cost and also clear out the dreck from the judicial system. It didn’t work.

        • Proud Liberal

          The only thing you pay for court costs are the filing fees. Which is approximately $500. Of course, attorney’s fees and costs would be the same. It’s a lot cheaper to go to court than arbitration.

        • MrTusks

          Pennsylvania has a compulsory arbitration system, whereby any case valued at less than $50k goes before a panel of court-appointed arbitrators instead of getting a real trial. The problem is that either side can appeal the result and get a trial date. Which someone always does.

    • Spotts1701, Nothingburger Chef

      The only arbitration I have ever seen work is bargained for – because both sides have a vested interest in preventing the other from gaming the system. Any one-sided arbitration clause is naturally going to be slanted towards the party who implements it.
      And even when bargained for, there are some really screwy things that happen. For example, MLB and the MLBPA use arbitration for discipline. It’s a three-person panel (one from the league, one from the union, and a third mutually agreed on). The league guy sides with the league, the union guy with the union, and the third breaks the tie. But the first time the third person sided against the league, the league maneuvered to have him removed from any future hearings because he was now “biased” against the league.

  • House0fTheBlueLights

    There’s avocado toast? No one told me about any avocado toast!

    • Proud Liberal

      It’s delicious!

      • House0fTheBlueLights

        I *never* get to go to the cool kids’ parties, with the avocado toast.

        • Proud Liberal

          You can get it at Cheesecake Factory or make some. It’s tasty.

          • House0fTheBlueLights

            I require that my avocado toast be provided to me, with a cold microbrew, without my ever having to leave my living room.

          • Proud Liberal

            Dang son. You’re picky. :-)

          • Crystalclear12

            You’re not wearing pants, are you?
            Don’t lie.

          • House0fTheBlueLights

            Hey, I just did the wash. What do you even want from me?

    • Ricky Gay

      It will make you cranky and craving awards!

    • chortlingdingo

      Just be prepared to give up on buying a home, though. Everyone says the reason people can’t buy homes is because they buy too much avocado toast.

      • House0fTheBlueLights

        Whew. Thank god. Already bought my home. But maybe this is why I don’t have avocado toast…

  • Proud Liberal

    I hope Donald Trump dies a miserable, painful death. If there is a hell, it was created for him.

  • Scooby

    I’m surprised Trump supported this knowing his kids are going to put him in the most crooked nursing home they can find.

    • Augustus

      I don’t know, I think they’re pretty much as pusillanimous as their old man, all bark no bite, no fucking balls…no constitution at all, it’s fraudulent and talentless windbags all the way down, nothing but bluster

    • TundraGrifter

      Or on an ice flow in a lawn chair with a bottle of vodka.

      • Old town Urbandale

        But he probably truly believes that he’s going to live forever. He’s the fittest President to serve, donchaknow?

  • BUSTED: Man who says he doesn’t watch CNN caught watching CNN.
    https://uploads.disquscdn.com/images/1a15aae0d1a37b6d1b77abc5d5d2336a919846f7983965b026f7694dcf66d7de.png

    Is that a penguin on the Telly

    • Old town Urbandale

      Intercourse the penguin!

      • The Wanderer

        BURMA!

        • Old town Urbandale

          Why did you say Burma?

          • amrak63

            S/He panicked. (I don’t know TW’s gender.)

          • The Wanderer

            I panicked.

          • Old town Urbandale

            When I’m in the nursing home, I’ll probably be muttering about flying sheep and dead parrots and bicycle tours of North Cornwall until they drug me into a stupor.

          • amrak63

            And then you’ll babble about how “Mynd yeu, moos bytes ken bi virry nassti…”

            And then they’ll change your drug and you’ll babble about llamas and their cousins.

          • Ill-Advised

            Harold, is that ewe?

    • amrak63
  • Crystalclear12

    Due to an outbreak of stupid in 2016 your rights have been revoked.
    Have a nice day☺

    • Proud Liberal

      The stupid has to end! This country can’t take much more of it!

      • Crystalclear12

        Peak stupid is a myth.

  • Skwerl the Taco Hunter
  • Debbie the Unpaid Protester

    This just enrages me. I can’t imagine if my Grandmother had been treated so badly. As it was, my mother took a job at the nursing Home (soon after Grandma was admitted w/broken hip at age 92), to keep an eye on things. Not everybody has that ability, and it KILLS me that such vulnerable people are at risk for abuse.
    God damn the Republicans, Donnie 2-Scoops, the judges who signed off on that shit, and the perps.
    aaaaaaaaaaaaaaaaaaaarrrrrrrrrrrrrrrrrrrrrrrrrrrgggggggggghhhhhhhhhhhh

  • Swampgas_Man

    Having actually worked in a hell-on-earth nursing home for the most vulnerable, I can tell you shit like this flat-out terrifies me.

    • Suttree

      I used to date a woman who worked in a mental health facility for girls. She told me that it was horrible! If one of the inmates patients acted violently, they would bring the girl to the time-out room, where they would be strapped to a bed and left alone until they calmed down. Not bullshitting. this was in this century.

      • marxalot

        My buddy used to work in a mental treatment facility for boys. He’s one of the few guys we know who can take down just about anybody, and he used to show up with black eyes and scrathes all over his arms. The worst, he said, was supervising shaving time for the older boys. They were always badly unstaffed, and overfull, and the things that went on in there made him go back to school for a nursing cert and a CJ.

        • Suttree

          Yeah, the facility I was referencing was all girls who were kicked out of juvie. For whatever reason!

          • marxalot

            Yeah, most of his regulars or returners were removed from the juvie facility into the treatment center. “Rough” doesn’t begin to cover it.

          • Suttree

            My old gf used to come home with bite marks and bruises She worked her way up to the administrator level and then left. She’s managing an old folks home now. They are not all horrible.

      • PubOption
        • Suttree

          I am totally not going to click on that. I appreciate the effort though.

    • (((fka_donnie_d)))
  • Cousin Itt de La Résistance
  • Proud Liberal
  • Gee, Your Hair Smells Horrific

    Here’s why I never thought about becoming a lawyer: “Any dispute, controversy or claim arising out of or relating in any way to [the agreement/the relationship] including
    zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz”

    • Bitter Scribe

      Scott Turow said that doing the reading in law school was “like stirring concrete with your eyelashes.”

    • chortlingdingo

      I’ve got a graduate English degree and work in the tech industry, so such unclear and needlessly complicated language infuriates me. There’s no reason why they can’t write in a more concise way, except for tradition.

      • amrak63

        “Tradition”, in this case, means “Make the language so confusing that normal people can’t make heads or tails of it, so that we servants of the rich and powerful can make it say what our employers want it to say.”

        But I’m guessing you knew that already.

  • Suttree

    I’m going to go stretch my ball kicking leg. BRB

  • marxalot

    Reminder that Dear Leader has been a long-running gag in multiple comic strips, part 211.

  • whitroth

    And in case you were wondering, Wonketteers, too fucking many of those nursing homes are shitholes, run by scum who want your money, and warehouse your loved ones.

    I have that on excellent authority: a close friend, who worked as a nurses’ aid at one in eastern OH for nine years, and from my Eldest, who has been a COTA for a couple dozen years, and worked at a number of nursing homes in California and Oregon. Both would rant at me about what they shits were doing to, and not for, the patients.

    On the other hand… a) wonder if the arbitration clause is like a EULA (many of which have been held to be unenforceable), and b) all the asshole libertidiotans who don’ like gummint having force at its commend, and courts and judges… um, er as I saw in a pic 10 or so years ago, from somewhere in Africa, someone holding a sign “why hire lawyers, when you can buy the judges”.

    Oh, right, one more thing: it requires negotiation in good faith. Y’know, I think I know one or more lawyers who could go after that in court, for *NOT* arbitrating in “good faith”….

    • UncleTravelingMatt

      Central Oregon Transit Authority?

      • whitroth

        Certified Occupational Therapy Asst.

  • TundraGrifter

    In my opinion, most of the time arbitration is a scam. These folks know who brings in the business – a stock broker, say, might have thousands of cases each year. The poor sucker who got took – well, he’s only good for this one and he’s broke anyway because he lost his savings in that deal so why in the world would they rule in his favor?

    • amrak63

      Only most of the time? You are more generous than I.

  • spangled

    the new cool group to oppress is the olds!

    remember how mnuchin was a massive reverse mortgage advocate? remember how the trump budget would cripple meals on wheels? remember how they’re gutting dodd-frank which will disproportionately effect elderly people?

    remember how the baby boomers are all around retirement age, and even without these policies nudging them toward a cliff, the sheer number of them could cause a strain on social security and medicare?

    • The Librarian

      Trump is trying to kill his base?

      • amrak63

        Yes, but they will adore him and support him, anyway, because they are JUST THAT STUPID ARRRRRRGGHHHHHH!!!1!

        • Old town Urbandale

          The base will probably buy the “killing lawsuits makes nursing home care more affordable for all” just like they’ve bought that “caps on medical malpractice suits bring down the cost of health care” bull. What’s going to distress the base is when folks in their 50’s and 60’s suddenly have to figure out what to do with Grandma because her Medicaid’s been cut and the nursing home is kicking her out. (I expect the Repugnicans will find another way to slash Medicaid, even if the ACHA is dead.)

  • The Librarian

    “no matter how fair or beneficial those agreements may be to residents” is just a fancy way of saying “Fuck You”.

    • Beanz&Berryz

      Or also too, the same sentiment would be “no matter how unfair those agreements may be to residents”

  • The Wanderer

    I feel the need for a drink with my dinner tonight. This article was but one piece of the cause for the need for alcohol.

  • Spotts1701, Nothingburger Chef

    The arbitrator ultimately ruled in the nursing home’s favor but provided no explanation. His ruling consisted of a single check mark, indicating that Brandon Woods had not been negligent in its care of Mrs. Barrow.

    A check mark? Was his rubber stamp broken?

    • Debbie the Unpaid Protester

      Why, I oughta check mark HIM!

  • amrak63

    The greedheads of today never seem to realize that Marxism never would have gotten off the ground at all if not for the shenanigans of their predecessors.

    • whitroth

      Long ago, when the world was young, I read a 300-page abridgement of Capital. As Tuli Kupferberg says (I think it was him), Marx’s analysis of capitalism was accurate, his prescription needed work.

  • Zonath

    One of the arguments for enabling binding arbitration in cases like these is the “judicial economy” argument. Arbitration, the argument goes, filters these suits out of the court system into venues which are more efficient for hearing this type of dispute and allows the courts to focus more on the cases that really matter, like drug crimes, complex litigation between billion-dollar companies, and putting bank officials who encourage fraudulent activity in jail. Except maybe not that last one.

    Economy, of course, depends on your perspective, since from the position of those who are affected the most by most corporate malfeasance, class actions are typically the only economical way to pursue justice, since the time and money involved in bringing a suit into arbitration is a huge deterrent for most people. Fewer suits get filed, the companies have fewer legal costs on their balance sheets, and governments don’t have to shift their judicial resources away from other issues, most of which primarily screw the poor. Everybody wins, as long as your definition of “everybody” only includes those likely to contribute significant sums to political campaigns, and really, who else is there who really matters?

    • Spotts1701, Nothingburger Chef

      Hence the constant weakening, through legislative and judicial means, of class action rights. When every single individual person has to spend $5,000-$10,000 in legal fees just to sue over a $20 item, it certainly drives down the liability issues.

      • Dr. Rrrrrobotnik

        Jynx

    • Dr. Rrrrrobotnik

      And don’t think that Republicans aren’t gunning for class action suits too, both in the courts and in Congress.

    • (((fka_donnie_d)))

      What? You mean free market solutions don’t always work?

      • amrak63

        Blasphemy! The curse of the one true god, Mammon, on you heathens!

  • schmannity

    Corporations are arbitrating people too, my friend.

  • OrG in Amsterdam

    If they don’t want to be neglected by a nursing home why don’t they just hire a private live-in nurse?
    Bootstraps People!

  • Skwerl the Taco Hunter

    We saw how well they worked for Wells Fargo.

    https://media.giphy.com/media/3o7bujyXkPfLR04scE/giphy.gif

  • La forza del resistino

    The GOP position on eldercare involves an ice floe and a voucher for a couple days worth of whale blubber.

  • schmannity

    OT, but after his cozy dinner with Trump, Mitt must have been a little let down by no Trump appointment. I bet he is now thanking Moroni ten times a day now.

    • amrak63

      Bony Moroni?

      • weejee

        Obvs.

  • amrak63

    I predict that a squadron of the Purity Flying Monkeys will descend upon this thread to remind us that Hillary would have done the same thing as Covfefe because BOTH SIDES THE DEMS ARE THE REAL ENEMY HILLARY IS SATAN HERP DERP in 5…4…3…

  • TheGrandWazoo2

    Capitalism fixes everything. *wink*wink*

    • yyyaz

      That isn’t the kind of “fixing” we like.

      • Cousin Itt de La Résistance

        Cats and dogs don’t much care for it either.

    • amrak63

      It’s a dark tribute to how totally fucked up Communism was that it managed to make our shitty system look halfway utopian by comparison.

  • UncleTravelingMatt

    This reminds me of what caused me to more-or-less exit facebook — I went off on a dipshit I went to high school with who cut-and-pasted a dumbass screed about “nursing homes are worse than prisons, and its Obama’s fault.” MA-GA.

    • amrak63

      I’ve heard about the social media sites. I avoid them all, unless you count sites like Wonkette.

      • UncleTravelingMatt

        A wise choice, if for no other reason than to keep your blood pressure more or less stable.

  • (((fka_donnie_d)))

    Yes, the nursing homes filed a class action so they could stop those whiny patients from filing a class action.

    So typical special snowflake rich assholes, then. Got it.

  • cmd resistor

    So Commie Democrats Al Franken and Ron Wyden wrote a letter asking the administration to reconsider I’m sure they will see the light.. http://thehill.com/regulation/pending-regs/345642-senate-dems-push-cms-to-protect-nursing-home-residents-right-to-sue

  • schmannity

    You’d think Trump would have more sympathy for the elders after he saw what the home did to his mom’s hair. https://uploads.disquscdn.com/images/7d2746b4cf97c5138696cf17160ae5a9ede6fbd690f72ae6146c2eedeb4d0569.jpg

    • Zonath

      Is that a real picture, or a Photoshop of an image from They Live?

    • Mike Steele

      Ya kiddin’? She was obviously his style trendsetter, not to mention the source of his omnipresent evil, angry glare.

    • Beanz&Berryz

      THAT’S the hair style Donald has been trying to replicate.

      • cmd resistor

        But she had more actual hair than he does, it appears.

    • SomeBigRedDog

      The hairspray skillz must run in that family.

    • OneYieldRegular

      That hairdoo should have been given a name by the National Hurricane Center.

    • willi0000000

      apparently nobody warned her “if you keep making that face it’s gonna stick that way”

      • CindyinEncinitas

        Or her older brother slugged her in the back.

  • weejee

    American healthcare financing need more napalm – and not just in the morning.

    https://uploads.disquscdn.com/images/2290f90cef57d9694533cdec02ceb2879eefd81f6a64384bc29302a611bc59d1.gif

  • Cousin Itt de La Résistance

    I am glad to see the Democratic Party united today across social and legacy media platforms against this action placing our seniors and their families at greater risk. Such forceful denunciations of corporate greed and support for working people will resonate across the country.

    Just kidding.

    • ltmcdies

      Yes they should tweet because that’s the most useful thing in the world

  • Jenny

    Speaking of grandmothers… I have a blocked tear duct. It hurts!

    My messican grandmother would say I’ve been cursed with the mal ojo (evil eye) cuz people be jealous!! Gotta put a blessed egg by the bed now.

    I feel like the ojo is a better explanation then my son asking if someone farted in my eye. Like one does…

    Seriously though, just a blocked tear duct from rubbing my eyes and allergies stuff. Meh.

    • janecita

      It’s all your fault, you should have wore your azabache.

  • h4rr4r

    Removing the ability to seek redress through the courts will lead some to find alternative avenues of justice.

    • Suttree

      That was my first thought upon reading this article.

      • Skwerl the Taco Hunter

        The problem is that they will probably attack the staff rather than the corporate overlords.

        • (((fka_donnie_d)))

          If the staff suck at their jobs and hurt Grandma, they’re just as guilty.

        • Suttree

          Totally! Shit runs down hill.

        • h4rr4r

          The bigger problem, that I was in my sleep deprived state trying to allude to was the damage this does to civil society.

          On a basic level we as a society provide courts to address grievances without damaging society. It costs us tax money to provide this service and to enforce the decisions, but in exchange we avoid vigilantism and cycles of revenge, retribution and intergenerational feuds.

          • amrak63

            The corporate masters must think they have achieved perfect, or at least nearly perfect, safety from such dangers.

  • HazooToo

    When I first moved back to PA from NY, my mom was living in a nursing facility which was associated with (and located immediately behind) the hospital where I had my kid. She was there while recovering from back surgery and divorcing my step-dad. I went to see her with my Dad, and we were going to check out the house we’d be moving into. But we got as far as the local Wendy’s before we realized that she was almost completely unresponsive. We got her something to drink, assuming her blood sugar was low, because those were the indicators she was showing. Then we rushed her back to the hospital to get her examined. It turns out that through ignoring her high blood pressure, diabetes, and lack of useable teeth, the facility had neglected her diet to the point where she was in renal failure. The hospital brought her back to her usual self in less than a day. Could we DO anything about it? No. Why? Well, the elder abuse number I called told me that they couldn’t do shit for her, or the other elderly patients I saw being treated like zombies and houseplants, because she was no longer a resident there. Because we didn’t want to leave her there to suffer while we pursued legal options. So. This shit is fucked up. And if you should ever be in my neck of the woods, DO NOT SEND ANYONE YOU LOVE TO SUBURBAN WOODS! EVER! IF THEY DO NOT DIE THERE, THEY WILL WISH THEY HAD!

    • whitroth

      I would love to know whether you could file CRIMINAL charges against the nursing home.

      Oooh, oooh, and charges to the medical society that licenses them…. Doctors *have* been known to loose their licenses. And you should have filed with the county health inspector, who could take the facility license to operate away.

      No agreement you sign could stop a criminal charge.

      • HazooToo

        Yeah, it was kind of a hectic time. Living with a 3 year old on my Dad’s sofa, while we were trying to get a place, and my Mom was trying to recover. I wish I had been on Wonkette, then! I would have gotten something DONE about it.

        • whitroth

          *How* many years ago was this? Don’t forget, criminal charges are what you get when you go to the cops? DA? and tell them you want to press charges… and the *state* pays the bills.

          If it’s not too many years ago, you can also talk to the health dept, and urge them to look into it… and MAKE SURE THAT NO LEAKS OCCUR on their “surprise” inspection.

          • HazooToo

            It’s been five years. I urged people to look into it, but I had no idea how to follow up. And Mom’s been gone for over a year now. I had no idea what to do, or where to turn. That’s why I wish I knew about Wonkette, then.

    • Spotts1701, Nothingburger Chef

      The facility where my mom works was pretty decent, by nursing home standards. Then another company bought them out. Immediately the standard of care dropped like a stone. My mom tries (she was in charge of the dining room, until the new company decided they didn’t need a supervisor there and demoted her to washing dishes/serving food), but she tells me about 2/3 of the staff just don’t care and are just there to collect a paycheck.

      • HazooToo

        We eventually had to have Mom stay at a different place, but this time we did our research beforehand, and visited her every other day to make sure she was alert and happy. This was near the end, though, so “every other day” soon became when she was sent back to the hospital. I still wish I’d visited her more. It’s never enough.

    • CountryClubJihadi

      Heartbreaking. I met someone recently who is suing the nursing home that killed his mother. He walked into her room and SMELLED the infection in her leg that they ignored until it was too late.

      • HazooToo

        I don’t understand how someone can get a job at a nursing home and not realize they’re taking care of humans with lives. Yes, they have big health problems, and yes, they need your help to do simple things that a ten year old can do without help. And yes, there’s usually someone screaming “HEEEELP!” every three seconds, for no reason, at every facility you go to. But they’re all still fucking people and YOU stepped up to take care of them, so fucking DO it! It’s maddening.

        • Bmaccnm

          Do you mean the one staff person per 20 residents per shift? That person should DO it all?

          • HazooToo

            Did you read the post just above mine? Where the guy could smell the infection in his mother’s leg before he saw it? The staff shouldn’t be spread so thin in the first place, that is unfair both to them AND the people they take care of, but there are places where they walk in and mentally check out.

  • anon_the_great

    Those bastards! This is nothing more than a rewrite of Season 1 of Better Call Saul. Lazy fuckin assholes.

  • Jenny

    Arbitration is a racket. There’s a property tax lawyer in houston making big bucks for himself and his arbiter friends. They’ve got a good 6-8 years to make all the money they can before the legislators can be bothered enough notice.

  • La forza del resistino
    • anon_the_great

      My urine is better than that.

    • willi0000000

      “those things are awful . . . and you don’t even get a breath mint!”
      – t’Rump

  • jesterpunk

    I see the Trump administration is doing more to help the little people.

    • OrG in Amsterdam

      Corporations are little people too, my friend.

      • jesterpunk

        He did say he was going to help the forgotten little people, guess he meant those corporations not the white christian men in the rust belt.

  • Juan de Fuca

    Interesting. Call me a cynic but I smell another motive here, only because it’s Donald Trump and he owns a nursing & rehabilitative care center in New York. One that’s named after his own mother and I don’t even want to go down the road re. how deplorable one must be to name a nursing facility after your own mother and then limit legal rights to the people using it.

    http://trumppavilion.org/

    • dshwa

      He only does things that benefit him. It wouldn’t surprise me in the least this is why he’s in favor of it.

    • jesterpunk
      • Juan de Fuca

        Yup. This is what happens when we elect a megalomaniac businessman to the highest office in government. He’s still always going to be looking out for his bottom line. Motivated by his own greed. But her emails!11!

    • therblig

      he probably hated her. this is more of his petty revenge on the world for imagined slights.

    • Proud Liberal

      Not cynical at all. This is exactly why he’s doing this.

  • La forza del resistino

    Let’s say a plaintiff is compensated via arbitration, what do they win, 2 scoops of ice cream for a week?

    • Khavrinen

      No, only the President gets that.

      • La forza del resistino

        maybe a slice of the most beautiful chocolate cake for a week?

    • Skwerl the Taco Hunter

      Oh that’s too much.

    • Vicki Lawrence’s Covfefe

      Ice milk.

    • OrG in Amsterdam

      No one knows…

    • Crystalclear12

      I guess we’ll find out if it ever happens.

  • Khavrinen

    “if Godforbid your grandma gets beat up in a nursing home, he doesn’t want you to be able to sue the nursing home”

    Interesting stance for a man who likes nothing better that threatening to sue people.

  • cmd resistor

    OT but Donnie has woken up from his afternoon nap and is tweeting stupid shit again.

    • Skwerl the Taco Hunter

      He can go fuck himself.

      • Cosmopolitan John

        Ah, but can he suck his own cock?

      • willi0000000

        now for the hard choice . . . brand new and sharp or old and rusty . . . Garden Weasel™, of course.

        [ unless you want to consider ‘with the entire horse he rode in on’ ]

    • Spotts1701, Nothingburger Chef

      Can someone go plant a cell jammer somewhere on the grounds?

    • La forza del resistino

      He’ll brag unlike Obama, he is on a working vacation, as tweeting seems his principal job function.

      • cmd resistor

        Seems to be rehashing same crap from this morning. And let’s not forget the “meetings” he will be attending in New York.

      • ltmcdies

        Has been so far

    • CindyinEncinitas

      Yay!

    • Cosmopolitan John

      I think his golf game was rained out.

    • JMP

      He’s got a new coke supplier to replace the departed Mooch..

  • Skwerl the Taco Hunter

    If the olds don’t like it they can just build their own nursing homes.

    • Randy Riddle

      The free market will blossom dozens of choices. Especially in rural counties that only have one nursing home.

  • TheGrandWazoo2

    The third rule of Republican health care.

    1. Don’t get sick.
    2. If you do get sick, die quickly.
    3. If you don’t die quickly, suffer without recourse.

    • jesterpunk

      You forgot rule number 0

      Be rich.

  • CindyinEncinitas

    When corporations wrote arbitration clauses, they always used to write the American Arbitration Association in there because they have been around the longest. However, they suck multi-colored monkey balls and they charge a huge fortune because of their bloated bureaucracy. So people started writing other ADR firms into their contracts and newer, less bloated firms grew up and supplanted them, for the most part. However, those ADR firms still depend on repeat users like insurance companies and large law firms, but both sides are represented by counsel and they can pick a neutral they know by experience, recommendation or reputation. However, if one party is in pro per, they have no way of knowing which neutral to pick and they have no way of assessing the neutral’s neutrality. Believe it or not, some neutrals are not great and it might not be because they are biased. It might be because they don’t know that area of the law very well, they are lazy, they are losing it, or they are going on vacation and forgot to read your brief. Considering there is no discovery and no right to appeal, pro pers cannot possibly find themselves on a level playing field. How do you prove Grandma was killed for no good reason without taking a single deposition or gaining access to her records? This should not stand, man.

    • Spotts1701, Nothingburger Chef

      This is true – I’ve sat through some arbitrations where the arbitrator was good, and some where we probably could have hired a hobo with a couple bottles of wine and gotten about the same level of performance.

      • CindyinEncinitas

        I worked for one of the largest ADR firms in the country for several years. The arbitrators run the gamut. Attorneys asked me for recommendations all the time and I would give them the names of the ones I thought were the best, but I was a lowly English major fresh out of college. WTF did I know about arbitrators?

  • Villago Delenda Est

    There are no depths of depravity that the deplorables will not dive into.

    • therblig

      they really are venal scumbags.

      • Augustus

        It’s to the point where I have to come here to make sure that is, indeed, the correct interpretation, because in the general public no one seems too purturbed…

        THIS SHIT IS ALL SUPER FUCKED UP, SHEEPLE

  • Crystalclear12

    I see he’s decided to go with full Disney villain evil.

    • Proud Liberal

      More like the devil in Labrynth.

      • Thiazin Red

        Jareth’s hair and codpiece libelz!

  • Suttree

    Something something tort reform was harder than arbitration. I’m going to buy some booze. BRB

    • La forza del resistino

      I’m never above missing a chance to pile on TX Gov Gregg Abbott’s cynical embrace of tort reform after he won a $6m personal injury lawsuit.

      • Bobathonic

        Really? What a useless tool he is.

  • Crystalclear12

    I’m guessing tomorrow we’ll hear about the new mandatory puppy kicking policy.

  • ken_kukec

    “bad for bidness” — the acid test for any regulation or legislation among Republicans.

    • TJ Barke

      Primarily short term. If it’s bad in the long run then they don’t really care.

      • amrak63

        Yep. “IBGYBG”.

  • JMP

    Binding arbitration agreements are the worst; if I were in Congress, trying to make them illegal in adhesion contracts like this, or their uses in employment agreements and sales. Ideally, they should only be unenforceable when each party to an agreement actually has equal bargaining power, but instead they’re used so often to shield corporations from their various crimes after they force customers and employees to “agree” when they have no choice.

    • h4rr4r

      Personally all adhesion contracts should be viewed dimly. If these contracts matter so little that you are not willing to negotiate each one then the terms should be easily disposed of when they clearly are designed for the benefit of only one party.

    • schmannity

      Having “tried” several NASD arbitrations of employment (!) claims against brokerages, the impartiality of a panel composed of a washed up broker, a retired back office compliance officer, and a lawyer who regularly defends brokerages cannot be beat!

      • Cosmopolitan John

        At Beelzebub & Lucifer, LLC, associate lawyers had to sign an agreement that called for the arbitrators to be senior partners in law firms.

  • willi0000000

    great article . . . until the last paragraph.

    when did you decide that all problems in life are caused by “Boomers?”

    • Juan de Fuca
    • Bobathonic

      Interesting interpretation you got there.

      • willi0000000

        Do Boomers get that they now have zero
        recourse if an aide making $8 per hour leaves them to wallow in their
        own filth until they are covered in bedsores? Or are they too busy
        complaining about lazy millennials and their avocado toast to even
        notice?

        • Bobathonic

          And thus, responsibility for all of society’s ills. I’m surprised, but you’ve convinced me. Now get off my lawn!

    • Cat Cafe for the Prosecution

      I just added my exact same response, above. I mean, PLEASE.

  • Ms.MLG on Maui

    I worked in 2 long-term care facilities when I was very young, not in nursing, but in the kitchens. The first facility I worked in was a shameful mess. We were expected to feed our residents on a fucking pittance. The cooks and dietary aides did everything they could to make what we had to work with edible and nutritious, but when you have crap to work with, you don’t end up with a great end product. I saw an incredible Director of Nursing run out on a rail for putting a stop to a male resident repeatedly raping a non-verbal female resident. I paid attention, and noticed that the less an employee was paid, the more likely they were to actually care about the residents, and go out of their way to provide excellent care, or even just the attention, and companionship, our residents so desperately needed. When the State of NC would make a visit to check out the facility, suddenly the entire administrative staff would be interacting with residents, and answering call bells. After the state would leave, these folks would walk right past a resident in distress, as if they didn’t exist. I saw nurses and CNAs worked to the bone because of constant staff shortages.
    The 2nd facility I worked in was a private facility, and the situation was some better there. There was more money to work with, a better administrator, and better staff. But you still see things that make you sick. On holidays, we would receive a list of the residents whose families were going to take them out, or home, for a nice family Christmas meal. One by one, those names would be added back to our tray lists, as their families didn’t bother to show up. I would hide in the stock room and cry, then pull it together, feed a hundred people, clean it all up, then go with a kitchen friend of mine, and visit with as many residents as I could.

    If you have a loved one in a nursing home, my advice is go see them a lot. Make surprise visits. Look around the facility. Don’t take for granted the care they receive when you are present is the care they are receiving when you are not. If you say you are showing up to take Mom to the Goddamn steakhouse for Thanksgiving, damn well show up, because they are looking forward to it. They believed you when you said you were coming. If you don’t it will break their heart.

    • CripesAmighty

      NC? Why am I not surprised. Best argument yet for resumption of above-ground nuclear testing

    • h4rr4r

      Look on the bright side, some of those old folks abused thier kids and suffered for it!

      I hope I have the courage and ability to let Mossberg resolve any end of life care concerns. I can rot in the ground, not in some prison for the elderly.

      • SDGeoff3

        I was fortunate to receive this from my dad, in a miserable place, just before he died.
        “I guess I just didn’t try hard enough to understand you. Can we go home now?”
        I was done with revenge at that point.

        • h4rr4r

          I am not that old and have been done with revenge for a very long time. I was not being serious.

          The worst I can ever again manage is total disinterest. The cost is just too much.

    • Spotts1701, Nothingburger Chef

      That’s the part of the job my mom hates – seeing the residents she works for that were just “dumped” there by family, left to grow old and die alone. There was one she took a real shine to, who she knew didn’t have any family nearby, so once a month or so she’d sign her out and take her back to my parent’s house to pet their dogs, have a nice non-cafeteria style lunch, and just have some companionship outside those walls.

      • Ms.MLG on Maui

        It’s always people like your Mom going the extra mile. Kitchen staff, housekeepers, laundry, CNAs, activities directors..I shudder to think what would happen in these facilities without them.

    • Good advice, and one other piece of advice is to get to know the names of the people directly involved with your loved one’s care.

      One of the things we did with both my father and my aunt was regular visits and unannounced ones. We even (although the staff didn’t know it) divided up roles. For my aunt, I was the “peacemaker,” the one who schmoozed the staff, joked with them, and mediated any issues. My cousin was “the hammer,” the one who raised holy hell if she saw (or heard of) anything not up to snuff. With my father, I was the hammer, the one that was out there as the one “you do not want to see coming in here.” One of my sisters was the peacemaker, another one was the advocate, the one who made sure various details were taken care of. Add in lots of other relatives dropping by regularly, and it’s amazing how good a nursing home can get. We’d also keep note of any “forgotten” patients, and sometimes just go visit them while we were there.

      • Ms.MLG on Maui

        So smart! The healthiest, happiest residents are the ones whose families care.

    • Vagenda of Rebel Scum

      Here’s another bit of information- some of those facilities are great at window dressing. Their places look beautiful with decorations and carpeting and fancy restaurants for the residents. But I had a diabetic relative stay in one- and given, she had zero interest in her own care (wouldn’t monitor her blood sugar, watch her diet, or even inject her own insulin) and had been eating herself to death for years, but ended up with gangrene in both legs and needed a double amputation.

      • Ms.MLG on Maui

        The first facility I worked at eventually had such a bad reputation, they moved to a new building, fancied it up, changed the name, ADDED BEDS, but the same awful people were in charge, with the same insufficient budget. You’re right. They use window dressing to cover up problems.

    • cmd resistor

      My mom spent 4 years in a nursing home that is part of the retirement community where she and my dad lived in the independent living section for several years. Back when she was in independent living she would go over there and play the piano for the residents, so some of the staff already knew her when she went in for care. I will agree with you that the people who probably make the least money are the ones who really seemed to care about the residents. Many of them were there forever, especially the aides and the dining room people. I lived about 2 hours away but went up every weekend to see her. Not only did the place have connections with people she’d known when in independent living (who came to visit residents) but others of them transitioned to the home. Plus, it was connected with her church, so there were visits from those people. I would say this place was one of the good places, but even then you had to stay on top of things with them and things happened. But overall compared to the horror stories you hear, It was not one of them, because at least the people did care. Hanging around a nursing home is not for the faint of heart, though. You see people just go downhill and the next week, they just are gone. And so many don’t have family to visit. It was always sad when someone was expecting family and they weren’t coming. Fortunately, at least this place had some outside people who visited regularly, and they were good about having kid groups, church, or musical, to come in and perform and visit. ETA: The old folks really love to see little kids come to visit and it was always nice to see whole families come in with young kids. It made the other residents happy, too. Also, too, pets, if allowed.

    • CindyinEncinitas

      I worked in a place like that for a month. I didn’t see such terrible things there, although in the locked-down dementia unit I saw one lady sitting in a wheelchair just saying “help me” over and over and over again. I asked what was going on with her and they just said dismissively that “She does that all the time.” One day and I went over to her and looked deeply and steadily into her eyes and after a few seconds she stopped saying it and she smiled the sweetest smile at me. I wanted to stay with her but I couldn’t.

      • Ms.MLG on Maui

        So many of them just want someone, anyone to speak to them, look at them, hold their hand, smile at them.

        • SDGeoff3

          And you don’t have to say a word. Just let them talk. Pay attention, and know that you are the most adored Guest Of Honor In The World At That Very Moment.

    • SDGeoff3

      Here’s true irony for you.
      Twenty-four years ago, after thirteen Alzheimers years of living with my parents, my grandmother was placed in a dreadful, dark facility, and she died a few months later.

      Thirteen years ago, my father was expelled from two nursing homes because he was still an abusive asshole who respected nobody but himself, and he wound up at the same place my grandmother did. He died there with several family members around him. It was a dark and unpleasant environment. I saw my father about eighteen hours before he died; we had some disjointed (positive) conversation, and he fell into deep sleep. I couldn’t wait to get out of there.

      Two months ago, after a great consultation with a navigator of assisted care facilities, my sisters and I toured a place we really liked. There was something familiar about it, but we just tossed that aside.
      Then we set up a lunch date for my mom and the three of us. The place was gorgeous. Mom was completely taken with this glistening, light-filled, radiant place, and we were thrilled that it made her so happy. Everything was brand new, the staff was cheery and professional. The food and the menus for the dining room seemed amazing; the residents were cheerful, everything is clean.

      A week ago Friday, we moved Madelyn into her beautiful new studio immediately upstairs from the room where she was with my sisters when my father died.
      She has her favorite plants and Things, receives nursing attention when she needs it, and is making new friends. She has no idea where she is, but she’s happy.

      When you make a promise to anyone that you are going to do something, write it down and do not break your engagement. As our wise sister MLG says. You’ll break their fragile, loving hearts.

      And don’t make us come down there when you do.

    • Unmutual Tetsu Kaba

      Also, have the state’s Division of Facility Services (or whoever inspects nursing homes) number saved in your contacts and keep a log of all interactions with the facility management with dates, times, names and a brief synopsis.

    • Vagenda and Pee-ara

      I’ve always had a soft spot in my heart for old people, even when I was a small child living in Florida. My mother had to ask the old people not to give me candy or money, because she was trying to teach me not to take things from people I didn’t know. I’d just walk up to them and start chatting them up, and they’d want to give me stuff.
      Full disclosure: I was impossibly cute – blonde, curly hair, big blue eyes, and dimples, and very outgoing, so it’s not surprising that people couldn’t resist me.

      Also, too, getting old sucks.

    • notaten

      What you said, x 1000. The residents know and remember when someone says they will be there, and are hurt, and will remember, if you don’t keep your promise. I worked at a home briefly a long time ago, and I know people who work in that field now. Low pay shitty hours and working conditions, but they stay because they care. I know 2 people right now who do the overnight shift at the Alzheimer’s wing as their second job, and they both really care about the people there, but are always worried about the lack of personnel. When there are only 1 or 2 people there, for as many as 20 residents at times, it’s tough to keep up with all of the needs.

  • cheetojeebus

    Is there no drifting sea ice? No remote cliffs?

  • memzilla Ω

    O/T: More Twitlerings about “fake news.” Now typically, when reporters are about to print a story, they first call the White House to get their reaction. Judging from the ferocity of the reaction, my guess is that another bombshell is about to detonate.
    . https://uploads.disquscdn.com/images/ae33383cafef92b92627d3778a1a98f84b59062b3934ae8477e3c1999578235d.jpg

    • La forza del resistino

      He’s taking credit for ordering Nikki Haley to vote 15 times?

    • Reximus

      What he means is, the MSM wont talk about how AWESOME he is for getting the UN to do their job.

      • Bobathonic

        Like it’s the first time they passed a motion.

    • House0fTheBlueLights

      Um, this story has been leading every new broadcast all day.

    • Vagenda and Pee-ara

      He is genuinely delusional.

    • sarafina

      I heard it just about every hour on NPR, with the Nicki Haley quote leading the way.

  • CripesAmighty

    Score another win for all the salt-of-the-earth people of the land whose long term care is paid by Medicaid. Let freedom ring!

  • Reximus

    How is this even an ‘Obama’ regulation? Didn’t we always have laws preventing the impunity of such businesses to abuse our seniors?

    • Cat Cafe for the Prosecution

      We had none of these, until FDR started, LBJ continued, and the boomers so needlessly vilified at the end of the article spent decades FIGHTING FOR them, being activists, joining the ACLU, going to law school, especially women who weren’t even allowed to go to Harvard/Yale/Princeton at all until 1969, who were harassed endlessly for going to law school so they could change things for the better.

  • disqus_lWwzrwNaw6

    Arbitration as a substitute for justice is a long-held dream of the rich. Most of the anti-lawyer rhetoric we’ve all grown used to hearing over the years (along with shameless Big Lies like “America is the most litigious society on earth” and “your medical costs are going up because of all those lawsuits”) is just another toxic byproduct of the dark money right’s endless campaign of rage and propaganda designed to undermine democratic institutions, the justice system in this case.

    The reactionary right hates the rule of law because the idea of a “day in court” is innately democratic, in potential if not always in practice.

    Our tradition of jurisprudence creates at least the possibility of a level playing field, a fact deeply offensive to the creaky old Bond villains who fund all those right-wing think tanks and propaganda outlets, men like the utterly vile octogenarian trust fund brat Charles Koch.

    These old so-and-so’s cannot abide the idea that an ordinary citizen with access to a halfway decent attorney can walk into a courtroom and hold a rich man or corporate entity responsible for harm.

    The rich have done everything they can to make justice unaffordable for ordinary citizens, and to whip the citizenry into a frenzy of loathing for judges and lawyers.

    Now they’re trying to make it go away altogether, so that paid agents of the super-rich will have the power to decide whether there has been harm, and what the “remedies” should be.

    • BearWithPreExistingVotes

      BRAV@. An incredibly eloquent encomium to our democratic ideals. I’ve got a center-left best friend AND center-right parents who all bitch about the litigious society. And who all need to read that.

    • Husband Of Mrs God

      Word.

  • Lambsendbeds

    WTF fuck is Avocado Toast? Is it just what it sounds like – avocado on toast? Then why the uproar? Why is it being used as a euphemism for whiny-ass spoiled Millenials?

    • mancityRed6

      because some moron argued that if millenials weren’t paying something like $5 for avocados on toast, they could afford to pay off their bills…somehow.
      it wasn’t explicitly said they should shop around for the price on their extra kidney, but I think it was implied.

      • BearWithPreExistingVotes

        A bunch of other doc review temps and I just about decapitated a co-worker for using that same line of argument to chastise us about our $8 Chipotle lunches.

        • mancityRed6

          chipotle? so, a gambler then?

          • Vagenda and Pee-ara

            Lulz – ISWYDT.

          • Courser_Resistance

            I am, I love Chipotle. I don’t eat there often but because there isn’t one close by. Never had a problem.

      • MamaBrown

        I would like to see ONE menu that has avocado toast for $5! I would frequent such a place, alas I fear it is the stuff of legend, like Shangri-La or Brigadoon or Camelot

        • mancityRed6

          I don’t like the avocado so, I don’t usually price it when I see it on toast.

          • Courser_Resistance

            Same here. They can keep all the fucking avocados for all I care.

          • mancityRed6

            my second ex was allergic in that her mouth swelled up after eating guacamole that she made.
            she still ate it.
            yeah, no.

          • sarafina

            I’ve had it couple of times in restaurants and liked it, but I can make 3 times as much at home much cheaper.

          • mancityRed6

            she bought the avocado, knowing what it was for.
            knowing she would cough about it after.
            I had the avocado and found it tasteless. but that’s just me.

    • CindyinEncinitas

      Idk but I eat it all the time. Toast, avocado, salt and pepper. I don’t think it’s changed my outlook much over the years. I’m a hard worker and I dye my own hair.

    • Edith Prickly

      I have noticed that my coworkers (of several generations) eat a lot of avocados. I don’t think of it as a generational marker, just a trend. As long as no one expects me to eat avocados on toast, I’m good.

    • Octavia Bratenpfeffer

      You can thank us Australians for that meme. There was an op-ed piece by a demographer in one of our papers, opining that the reason young’uns can’t ‘afford’ property is that they spend all their money on brunch in trendy inner city cafes, instead of buying an asbestos sided shed 2 hours drive from work, which is how their elders got their start, dammit. Amusing that it has gone global.

  • mancityRed6

    when I get my parents ready to go in a home, I’ll just make sure they’re well armed.
    stand your ground works in a nursing home, right?

    • Vagenda and Pee-ara

      I like where your head is at on this one.

  • Mavenmaven

    Trump doesn’t care. He knows that when he gets full blown dementia, he’ll stay in the White House until his term is over.

    • SnarkON

      The West Wing is the New Alzheimers Wing.

    • Covfefe

      Worked for Ronald Raygun.

      • CindyinEncinitas

        But he had Nancy. If Trump loses his ability to recognize Melon, she’ll bolt so fast his teeth will fall into his golden toilet.

  • SnarkON

    Meh, so Granny gets a little beat-up at the old folks’ home. She’s gonna die soon, anyway.

  • BearWithPreExistingVotes

    Wonkette should rename itself Lorelei… because all these stories are like sirens tempting me to run ashore. And the shore is made of banhammers.

    • SDGeoff3

      Pay no heed to the siren’s songs.
      Get creative.

  • Jan Ness

    Well…I have no words for this despicable thing

  • Cat Cafe for the Prosecution

    HEY! Why the sudden shade at Boomers? Do we look stupid to you? We’re the ones that spearheaded all these reforms decades ago! We raised the millenials, and okay, we spoiled them, and they do things like vote idiotically for purity ponies and Jill Stein, not us. And don’t blame us for Trump, either. That’s the generation ten years older than us, and they were ALWAYS assholes.

    • Yr. Gma

      Are those generational douches at it again? Oh, I see. It’s in the article.

      Fuck you, 5$F. I am going to go cancel my Wonkette donation.

      What the FUCK is wrong with you, Rebecca? Do you READ this stuff before you publish it? Do you have any idea how many of your readers are Boomers? Do you have any idea idea how FUCKING SICK AND TIRED we are of the Boomer bashing?

      • TX Dept. of Space Tacos

        what are you guys talking about?

        She talks about boomers not recourse and boomers bitching about millenials?

        Does that not happen? (He says knowing that millenials bash boomers).

        • Yr. Gma

          Try this idea: Not All Boomers.

          • TX Dept. of Space Tacos

            OF COURSE NOT!

            I don’t think that’s what was implied or meant.
            And I object ot the idea that that’s what I’m assuming.

    • MamaBrown

      I wish I could like this one thousand times.

    • Fivedollarfeminist

      Okay. That’s fair. Sorry to generalize.

  • MamaBrown

    I was right there with you until you started dissing boomers. You disappoint me, I say this more in sorrow than in anger.

    • Yr. Gma

      I have cancelled my donations. I’m sick of this shit. Boomers are not responsible for the mess we’re in any more than are Millennials or Gen-Xers or any other generation. Perhaps going for the cheap shot by over-generalizing is the easy way, but I’m just sick of it. This 5$F person apparently does not know just how many of the readers here are Boomers. Perhaps if she did, she would not be so quick to make the easy joke at the expense of those who (used to) pay her salary.

      • CindyinEncinitas

        The people standing on the sidewalk in front of Issa’s office protesting every, single Tuesday are 95% Boomers. The people in my Indivisible group are 95% Boomers. We are the backbone of the Resistance. In our darkest hour we cried together, then we picked ourselves up, got organized, and started yelling. We didn’t need anyone to lead us. We knew what to do and we are doing it right fucking now.

        • Zippy W Pinhead

          There is that, beats vaping and playing hacky sack at the Dave Matthews concert in your brand new Sanders 2016 t shirt and thinking you’re making a difference.

          • CindyinEncinitas

            It’s cute to see them imitate me in high school but the stuff they say is so disjointed and ineffective. They don’t listen too good. But I did enjoy the drum circle yesterday…

          • jesterpunk

            Can I still complain online how everyone should cater to me and ignore everyone else and if they don’t I will take my ball and go home and cry how no one understands how wrong they are?

          • sarafina

            Bernie, is that you?

          • jesterpunk

            I was going more for the Bros over in the Kamala Harris thread but that works too.

        • Yr. Gma

          Amen.

    • Zippy W Pinhead

      Seriously, WTF is that unforced error? Because I’m a boomer I’m suddenly in favor of killing grandma and I’m a Trump supporter? yes, I get it, a bunch of older folks voted for the orange menace, but a bunch of us DIDN’T. If a writer here started in with “all you blahs” or “all you Messicans” or “all you Joos”, Rebecca would have their hide, because that would be bullshit stereotyping. But I guess “all you boomers” is OK because some dumb stereotypes are better than others (I get the difference in protected class, between ethnicity and generational issues, but seriously, fuck the cheap shots)

      • Courser_Resistance

        Thank you.

      • WomanInThePersistence

        I knew I should have scrolled down.

        • Zippy W Pinhead

          Oh, I don’t think it’s the end of the world or anything, just kind of pointless and unnecessary. Hell, the next gen will be making the same pointless cracks about the millennials soon enough

      • mancityRed6

        I didn’t see where they said “all” you boomers.
        could it have been said differently? maybe “all you boomers who aren’t reading this”?

        • Zippy W Pinhead

          pointless generalization was pointless- like I said, not the end of the world, but unnecessary

          • mancityRed6

            honestly, I didn’t even catch that line when I read it.
            mainly because dad is 69 and a 40+ year smoker, mom is 65 and on the highest blood thinners you can imagine because blood clots.
            I don’t even want to think about what I’m going to do with them being 2 hours away and I only have 4 days sick day each year.

          • Zippy W Pinhead

            my 86 year old mother is having hip surgery in an hour- I’m about to head back to the hospital as soon as I can leave work. Fortunately, the home she is in is relatively nice and it’s only two minutes away from my house- but it still irks me that dumbfuck Donnie wants to take away my recourse should they screw up.

          • WomanInThePersistence

            Best of luck to you and your Mom. I sincerely hope she does well with the surgery.

          • Zippy W Pinhead

            I’ll let ya know in a bit…

          • mancityRed6

            dad’s mom passed when I was in Tennessee. I couldn’t make it back and didn’t have the money to do so.
            I am really glad you’re close, and I wish my parents were closer.

          • CindyinEncinitas

            I hope your mom sails through the surgery.

          • Zippy W Pinhead

            it went really well

          • CindyinEncinitas

            Yay! What a relief!

      • Fivedollarfeminist

        Okay, fair point. Apologies. All respect, and I hope your mother’s recovery is smooth.

        • Zippy W Pinhead

          No worries, and thanks I appreciate that

  • georgiaburning

    Gen X starting a food fight between boomers and millenials? Weren’t you the ones who voted for Nader back in 2000 and gave us W?

    • Zippy W Pinhead

      There is that

  • mancityRed6

    “Older voters (ages 65 and older) preferred Trump over Clinton 53%-45%.”
    http://www.pewresearch.org/fact-tank/2016/11/09/behind-trumps-victory-divisions-by-race-gender-education/
    so, throw whatever, I don’t get upset when some one talks about the X generation, even though I am one. usually, I am all too willing to agree that a lot of people are dumb.
    of any age.

    • HazooToo

      I’m a Gen X too, and I have to disagree with you, for two reasons.

      First: That’s a slim margin of preference. I’ll have to check to be sure, but I think it’s even more slim than the preference of white women for Trump over Clinton. And the Boomers here at Wonkette, reading these articles? DEFINITELY did not vote for Trump. But they are sensitive to this kinda shit! And that’s been made plenty evident in the past, more than once. So that particular barb was a BAD IDEA. A really bad one.

      Second: Generalizing by generation alone is stupid. Every generation is made up of all of the different, WILDLY varied people who happened to have sex and produce offspring at a particular time. Look at how many ways there are to be different in this country. Do Black Boomers vote the same as White Boomers? What about Muslim Boomers? Disabled Boomers? Gay Boomers? No, obviously not. Republican Boomers and Democrat Boomers absolutely do not. Same with Millenials, Gen X, & everybody else.

      In short, it’s at least lazy, and bad audience reading, to suckerpunch an entire generation, here.

      • Zippy W Pinhead

        It just seems like she could have ended the article a paragraph earlier and it would have been fine. NBD, but pointless…

      • mancityRed6

        I’m saying that people are getting upset for no real reason.
        could it have been worded better? yes. but at the same time, don’t get upset just because someone says one thing.
        there’s a whole article and a lot of people are getting upset over that one line. why?

        • Pisto75666

          That’s been the pattern for the week, it seems.

          • mancityRed6

            I just don’t see the need for outrage. can anyone clue me in here?

          • Pisto75666

            I’m not exactly clear about it myself (in this case, anyway)

        • Zippy W Pinhead

          to be fair, most of mine is snark, not actual anger

          • mancityRed6

            I just don’t want to piss people off since y’all are so welcoming, but at the same time I just can’t see getting angry over a line. maybe I’m too relaxed.

        • HazooToo

          Because they saw it as an insult towards them. This is a concept I’ll admit I’ve been wrestling with lately, because there’s a lot being said about “white people” as a group. And it can be hard to read, if you get defensive! I try to keep in mind that if it’s not about me, then it’s not about me. But it’s harder than it sounds, even though the end result is usually learning things from a new perspective. This didn’t really give a new perspective, though. Nothing was really gained from it, except hurt feelings.

          • mancityRed6

            but don’t get defensive. they’re not talking about you, obviously.
            honestly, the only time I get upset is when I’m reading comments on the shill or on brainfart and I wonder how these people can process oxygen. why are they considered “human”?

          • HazooToo

            I’m not personally angry, I’m just trying to understand the anger. The “white people” or “white women” discussions I brought up because that’s where I have felt unfairly judged, even though I KNEW it wasn’t specifically me they were talking about. That feeling is still there when you first encounter a thing like that, and usually I encounter that at the beginning of an article, not as a parting jab on the end. That gives my mind time to balk against the generalization, then settle down and put it aside and actually read the point of the piece. Coming, as this one did, at the end of an article without warning? Gives you no time to settle down before you’re off to the comments, angry and defensive. Besides, it really wasn’t all that funny.

          • mancityRed6

            as a white CIS male, I cannot comprehend. and, oh yes, I have been very lucky in life in that regard.
            but I still just can’t see getting upset over that one line. maybe it’s me.

          • HazooToo

            Maybe someday, maybe not. Either way, we’re cool. One mild disagreement isn’t earth shaking.

          • mancityRed6

            I just.. I don’t get upset. work, cats, the dogs (when I was with them)…yeah. but, come on. don’t let one line throw you off the course.

          • HazooToo

            I guess it depends on the person. I don’t really know where Gma goes when she’s not here, but maybe she gets that shit a lot? Like, TOO much? Or maybe she gets it in meatspace, or maybe she’s just sensitive about her age, or maybe she’s still feeling really angry about the people she voted against back when all these decisions were getting made. In the end, it doesn’t really matter why. Gma just bounced from the site and deleted her account. Not because of you, but some jerk who decided to weigh in for the first time in like two months.

          • mancityRed6

            I’m here, being me. waiting for Sinead to contact me on the facespace.
            I just can’t get upset about things like this, if I did, I wouldn’t do anything else.

          • HazooToo

            For me, there’s sort of a level of upset that I am always at. Lately, anyway, and because of Trump. Just angry enough to take what actions I can, without sacrificing happiness in daily life. After that, the level goes sharply UP, but becomes much harder to reach. I can get blood-boilingly furious, but only after some direct personal betrayal or serious wrong. Otherwise, I’m just… here. This IS my middle ground of anger. Except that I’m not actually mad at YOU, I’m mad that we’re sitting here having this discussion under an article about Trump screwing over elderly Americans.

          • mancityRed6

            oh, I’m always pissed about something, it just doesn’t generally involve me.

          • sarafina

            This mess is like a pie fight on Daily Kos and exactly as useful.

          • mancityRed6

            I would have said Mediaite, but yes.

  • orygoon

    Regarding the boomer slap–my son and I have had a couple of discussions about why his generation thinks my generation ruined everything. But I am still puzzled. Yes, college was cheaper, yes, he came of age in the Great Recession. But my generation lived through recessions, most of my friends and I will not get pensions, but we’ll limp by on 401(K)s (most of us are underfunded), and I live a more environmentally careful life now than he and his brother do.

    I guess, though, while most of my own boomer friends are great people, there are a lot of assholes among us. I still find it hard to get poo flung at me for those other folks.

    • mancityRed6

      when the ex’s boss got fired, the first thing her mother in law said was, “he’s still got his pension, right?”
      yeah, uh huh.

    • Zippy W Pinhead

      Not to mention how much of the ratfucking actually originated in the greatest generation… Nixon? not a boomer. Most of the GOP policies put in place in the seventies? Not by boomers. The battles of the sixties were fought by hippie boomers. Yes, lots of them went conservative about the time Saint Ronnie got elected, but last I checked, that happens every generation and is well underway with the millennials, also too. The pointless cheap shot really took away from an otherwise valuable article. I say this as a boomer dealing with my aging mom in a nursing home as we speak.

      • WomanInThePersistence

        That was definately an unforced error. I’m Gen X, but busting on people for when they were born is just plain stupid.

    • dshwa

      Generations always squabble. The younger always blame the older for making a mess of the world, or not being with the times and clinging to an outdated past; the older think the younger are lazy, have stupid ideas for trends, and are going to ruin the great world the older built for them.

      • Zippy W Pinhead

        True dat- but that’s exactly what made this example such a lazy bit of writing

    • Ω cynmac’s reclaiming her time

      My daughter and I had a fight over my “privilege” because I am not doing more to fight gentrification and the situation for elders in Atlanta, who are losing their homes to eminent domain. I explained that in my near suburb of Decatur, we are doing more to help elders stay in their homes by exempting school tax at age 65 and deferring property taxes at age 80.
      She was complaining that that still wasn’t enough because the heirs would be on the hook for those property taxes when the elder dies. And I explained that if there was no mortgage, the heirs could easily get a home loan to stay there. But they don’t. Most families prefer to sell the property as a tear down or renovation project, take the money and run.
      To be honest, that’s what I expect her to do with my condo. And we discussed that, but she still wouldn’t get off the topic of “disappearing black wealth” and just because I used my GGM’s house to get on the property ladder, most black people wouldn’t do that.
      It was exhausting.

  • dshwa

    For a great look at how we got to the nursing home mess, “Being Mortal” by Atul Gawande is an excellent recap.

    • Vagenda and Pee-ara

      I think we should let Republicans have their way, and just put old people out on ice floes, as God intended. That would last for about six months, and then we could go back to having a sane, normal society again.

      • mancityRed6

        yeah, but that global warming.

      • Ice foes?

        These days we can only just chuck The Olds into the lukewarm oceans and hope the mutant sea lice get ’em.

        • Vagenda and Pee-ara

          Lulz, fuck it, let’s just put them on the shore of Miami, and wait for the rising tide to take them out.

  • Vagenda and Pee-ara

    This reminds me of this awful story from my town. This old man told his daughter and son-in-law that he was being attacked sexually. They didn’t believe him, because it sounded too weird, and maybe he was just having bad dreams or something, but they decided to put a hidden camera in his room. Sure as shit, some male nursing aide was trying to bone him. I felt so sorry for him. He was NINETY years old. Nobody should have to deal with that shit, but especially not when you’re old.

    • mancityRed6

      see, with me being alone, I’ll only be found when the rent is late.
      win?

      • Vagenda and Pee-ara

        Same here, my friend.

        • mancityRed6

          I want an app that makes me check in before noon every day (or a set time) so that people will know if I’m dead or not.
          I just don’t have the desire right now to reach out.

          • Vagenda and Pee-ara

            We’ve lost two people on Wonkette recently due to social isolation, so do me a favor, and get out there. Have you tried a dating app? It seems like it would be easy for men to meet women, because I know sssooooo many straight women who are dying for someone to ask them out.

          • mancityRed6

            send them my way…in about 6 months.
            being on my own again, I’m eating like a teenager but moving like I’m quadriplegic

          • CindyinEncinitas

            My brother got my dad one of those panic alarms and he hung it on the lamp in the dining room. We called it the world’s most expensive light pull.

          • Vagenda and Pee-ara

            I’m eating like a weightlifter, and moving like an 80 year old, probably because I’m eating too much!

          • mancityRed6

            those nachos really stack up.

          • CindyinEncinitas

            I must have missed that. Who, if you don’t mind my asking?

          • Vagenda and Pee-ara

            Sardonicuss (to homelessness), and Snarkbot9000 (possibly to suicide).

          • CindyinEncinitas

            RIP Snarkbot9000. If Sardonicuss pops up, I hope he can find his way to a good place and, in all seriousness, I would give him a hand if he could get to San Diego. I am so sorry to hear that.

          • Vagenda and Pee-ara

            I didn’t know Snarkbot too well, although we had spoken a few times. He wrote a beautiful farewell note, and it broke my heart. We are all hoping he reconsidered, and went to get help, but we don’t know for sure.

            I was trying to help Sardonicuss, but I never heard from him again after he posted that he was going to become homeless.

            I’m not sure where either of them lived. The sad part is that for years I have wanted to build affordable housing, but I have to have a couple of things happen before I can fulfill that dream. I wish I could have done it sooner (thanks, George W. Bush!), and maybe I could have helped them.

  • ConnieHinesDorothyProvine

    The overgrown Oompa Loompa IS a bedsore.

  • SadDemInTex

    Can the purity police please turn in their badges, please. Fivedollarfeminist could you please say that you do not think every Boomer is a Trumpkin/selfish ass.

    • Vagenda and Pee-ara

      I think she was talking about older Boomers, who voted for Reagan en masse. I’m at the very tail end of the Boomers, and we’re not all jagoffs, and I’m sure $5 Feminist knows that. Personally, I think it was my parent’s generation that really fucked things up.

      • SadDemInTex

        I have to say I’m pretty shocked about how insanely conservative the old Boomers are…even the ones who protested Nam.

        • SDGeoff3

          Why don’t we just devolve into another BernieHillary brawl? This is not productive. Goddam it I just got my Medicare card, and I want you ALL off my lawn.!!11!!!

          • Vagenda and Pee-ara

            I’ll play my rock music (from the 1960s and 70s, because that’s the last time music was good) as loud as I want gramps, and I will not get off your lawn, because my hip has really been killing me lately, and I need to rest for a minute.

          • Beanz&Berryz

            And either I or my dog needs to pee, but I can”t remember which..

          • Vagenda and Pee-ara

            I’m pretty sure I donated money to the Wonkette yesterday, but I can’t remember. I suspect I’ll be one of those old people that scammers call constantly, because I will just give them what little money I have.

          • CindyinEncinitas

            Fuck! Mine too!

          • Vagenda and Pee-ara

            I have no clue what I’ve done to my stupid hip. It hurts like hell.

          • Shanzgood

            Do you keep you wallet in your back pocket?

          • Vagenda and Pee-ara

            Nope. I’m gay, but not quite that gay.

            I twisted my hip at work, and it hasn’t healed right. Luckily I signed an arbitration agreement (true fact), so if I end up disabled, it will be on me. I’m starting to think my plan to “walk it off” may not be the way to go. I don’t even know what kind of doctor to go see. I may start up with a regular doctor, and see who she sends me to.

          • Shanzgood

            I didn’t mean it as a gay thing. I didn’t even KNOW it was until an older male co-worker mentioned gay women carry their wallets in their back pockets. I stood up and pulled mine out of my pocket and said “Like this?”

            Anyway, I asked since I had to stop carrying my wallet because it was pressing on a nerve and causing a lot of pain in my hip.

            My regular doctor missed it, did x-rays and told me nothing was wrong with my hip, just take some ibuprofen and walk it off, etc. It was years before I eventually figured it out on my own. I hope you get yours resolved sooner.

          • Vagenda and Pee-ara

            Oh, I knew you didn’t mean it as a gay thing. I just couldn’t resist the joke, as usual.

            Yeah, I thought it was a pulled muscle, but it’s hurt for a couple of months, so I need to do something about it.

          • CindyinEncinitas

            Try stretching your quadriceps. I have been told that tightness in the front of your thigh can pull your hips out of kilter.

        • Vagenda and Pee-ara

          Yeah, I’m always thrilled when I meet a 70 year old who is a Democrat. Most of the older people I know are RWNJs. Of course, it doesn’t help that I live in the cradle of secession.

          • MamaBrown

            You should meet my 88 year old father. Union guy, blue collar, worked on Adlai Stevenso’s campaign, let me skip school to go to protests, proudly wears his Union Thug shirt. Both my octogenarian parents, indeed my entire family are die hard lefties.

          • Vagenda and Pee-ara

            Lucky you! I’m the lone Democrat in my family. I had an elderly friend, who I always wished was my dad. He was a die hard Democrat and would just roll his eyes at dumb Republican ideas.

            I’m not sure most people even remember what unions are.

          • MamaBrown

            Oh my dad has never been one for eye rolling. He’s utterly outspoken and will confront anyone, anywhere, any time. I got him a sweatshirt that says “LIBERAL” in huge red white and blue letters and he wears it to every dentist visit because his dentist is a complete RWNJ. He can out argue, out talk and out fact check anyone, he’s awesome. He was a union machinist at GE for decades.

          • Vagenda and Pee-ara

            The company I just started working for said in our orientation “we don’t want a union, please don’t try to bring a union in.” I was thinking “I would sign up in a heartbeat if anyone tried to unionize me.”

            Boeing spends millions of dollars every year in my state convincing the rubes they don’t want a union. Luckily for Boeing, South Carolinians are mostly pro-Trump morons who always vote “no” on unions. Boeing ran a commercial showing the union leaders’ mcmansion. The union leaders house is probably 1/20th the size of the Boeing CEOs mansion, but these dumb rubes can’t figure that out. Oh, and after they voted “no” Boeing thanked them by laying a lot of them off.

          • MamaBrown

            Heh. I worked at Harvard for almost 10 years and was a proud member of HUCTW (Harvard Union of Clerical and Technical Workers). A few years later i landed at Tufts and ran into a few HUCTW organizers there–they’d wander around and talk to people and were trying to organize Tufts. We got endless memos from the president of Tufts telling us how we didn’t need those outsiders coming in and telling us what to do, and that we were a family, and haven’t we always treated you fairly? Gag. In all the years I worked there they never got a foothold. The universities around here are good places to work, no doubt (some are better than others!) but Harvard is the best because we had a union. People are dumb.

          • Vagenda and Pee-ara

            Half the country believes whatever stupid bullshit they hear on Fox News.

        • visit the left coast and meet the yippies and hippies that never gave up the fight (or the clothes)

          • CindyinEncinitas

            *waves*

          • SadDemInTex

            Yeah, I’m from San Francisco

      • Zippy W Pinhead

        Youngest boomers were 18 in 1980

        • Vagenda and Pee-ara

          Most people consider 1960 the cutoff, and some go as high as 1962 or 1963, Keep in mind the Boomers were the spawn of the “Greatest Generation.”

          Wikipedia puts Boomers up until 1964, but I think the true cutoff is 1960. For some reason it’s been getting extended every year.

          https://en.wikipedia.org/wiki/Baby_boomers

          • Zippy W Pinhead

            Yeah, I’ve seen the Wiki, but I think that’s too high. Peeps born in 64 have very little in common with those born in 46. 62 is when the FDA had approved the pill and its use ended the baby boom, so I usually go with that, although they sometimes refer to the tail end of the boomers as generation jones.

          • Vagenda and Pee-ara

            Oh, I misread your original statement. I thought you were saying that Boomers went up to 1980, and I knew that wasn’t right. I’m kind of a purist, and think 1960 was the cutoff year, but a lot of people do say 62 is the cutoff.

          • Zippy W Pinhead

            there really isn’t a real definition to any of them- trying to get too cute using any of the generational taglines usually ends up being lazy writing.

          • Vagenda and Pee-ara

            Yeah, I’ve never really had a lot in common with Baby Boomers, even though technically I am one.

          • Zippy W Pinhead

            the generation jones tag actually kinda makes sense- though I think relying too much on any tags is kinda dopey

        • tehbaddr

          Umm that woulds have been me, and I’m def Gen X!

          • Zippy W Pinhead

            What year were you born?

        • WomanInThePersistence

          You really can’t blame us Xers for Reagan.

          • Zippy W Pinhead

            I don’t. It was boomers or older in the voting booth in 1980

          • WomanInThePersistence

            Thanks. I didn’t turn 18 until January, 1989. My first vote for president was for Dukakis.

          • Zippy W Pinhead

            as an end of the line boomer my first vote was for Carter, against Saint Ronnie

          • Smibo

            Late Boomer here (and same first vote) too. Youngest of three (Oops! – four!) children, I’m the son of a British Merchant Marine who dodged u-boats between Nova Scotia and Murmansk, and an American “Rosie the Riveter”.

            Inasmuch as labels have any meaning, I always kinda felt that being a “Boomer” was more a product of who your parents were, than being born before or after some arbitrary cutoff date.

        • paxpax

          I was 19 in 1980 – voted for Kennedy in the primary and Carter in the general. Draft registration was reinstated then; scared shitless I’d have to go to Iran.

          • Smibo

            I was 21. Cast the exact same votes, in my very first Presidential primary / general election. I don’t remember being worried about the draft though.

    • Fivedollarfeminist

      I do not think every Boomer is a Trumpkin/selfish ass. 😉

      • SadDemInTex

        Thanks. I don’t know why everyone was in such a tizzy.

    • sarafina

      Oh FFS just stop this shit.

  • notaten

    Fuck this. If you are in a situation where you have to put a loved one in a home, you may or may not be able to make sense of the very fine print on page 95 of the agreement. And, the only thing that makes these homes even care about adhering to basic minimal levels of care is the threat of lawsuits. Pay the ” caregivers” $8 an hour, and only have one or two per overnight shift to care for 20 or more patients, sorry, that level of”care” is going to end in a lawsuit somewhere down the line. I don’t blame the care givers necessarily, it’s mostly a management deficiency. Without the threat of legal action, then we have no recourse when neglect or abuse happens.

    • CindyinEncinitas

      That is currently how the majority of these places is run. Currently.

    • jesterpunk

      My wife used to work in a nursing home and at older peoples houses depending where the staffing agency sent her. The pay sucked, some of the families sucked because they wanted their parents money, the hours sucked and the stress knowing the people she was taking care of would soon die sucked. She quit that just because it was just too stressful for the little money she was being paid. The one thing they need to do is pay people more and treat them better to stop driving away the people who do care and those workers also need some kind of support from the companies they work for.

      • Ms.MLG on Maui

        Somuchthis!

  • ibwilliamsi

    Worse yet, Trump is getting ready to have everyone’s mother in law come live with them.

    • Carla Vandermeer

      Only fair if ALL of his, current and ex have to move in with him.

      • ibwilliamsi

        I’m thinking that he made that particular bed.

  • Beanz&Berryz

    Oh my… We libs eat our own way too well… One time the word Boomer appears in the article, and we go ape-nuts. We can/should discuss whether that’s the right parsing to make, but 5$F has impeccable lib credentials here and deserves a benefit of the doubt. As a just barely-in-the-club Boomer, I didn’t take it as a personal attack. Let’s at least be nice to each other, y’all, even if we think one of us has messed up.

    • Zippy W Pinhead

      Meh, someone steps in it, it’s fair to bring it up, but no, no use in dwelling on it.

      • Beanz&Berryz

        Agreed. “There’s poo on your shoe” makes sense. An incident about it is more than needed, I think.

    • Vagenda and Pee-ara

      Yeah, I think $5F was just making a joke, particularly since I think she’s a Boomer herself. I frequently make jokes about dumb Southerners and lesbians, because I’m both, so I can make fun of my group if I want to.

      • Juan de Fuca

        Is she a boomer herself?

        • Vagenda and Pee-ara

          Yeah, I didn’t take any offense from the article. I know her heart is in the right place.

    • Fivedollarfeminist

      Nope, I’m an X. Sorry for the stupid generalization.

      • WomanInThePersistence

        Thanks for saying that. I am also an X, but maybe this isn’t the best place to vent about Boomers?

  • Bill Patterson
  • This means that nursing home employees are now entitled to beat up all the residents who voted for Trump. Right?

  • When our mom was in the nursing home my sister and I made irregular and unannounced visits at random times of the day. After the first week or so the staff learned if we didn’t like what we found we’d raise holy hell with them. So they learn to keep our mom clean and happy ALL the time.

    Eventually we got a few other families doing the same thing so there were visitors popping in all the time, following no particular schedule and being sure to check on other patients as well.

    I know it’s not practical for everybody but by not making visits regular as clockwork it helps keep the staff on their toes.

    • Also: on visits sometimes bring cookies or whatever for the workers and don’t be nasty to them. Remember your loved one will probably be the one to suffer. And it is an AWFUL, dirty bottom of the barrel paying job.

      • Incoming Ham

        Never be nasty to nurses and aids – the management is a different story.

        • Very true

          • Incoming Ham

            95% of the staff doing the caretaking were lovely and really cared about the patients. Most were immigrants, specifically Haitian. They got the most vile racist language spewed at them by the patients and were paid peanuts, but they still tried to be caring.

    • Incoming Ham

      I did the same. My mother had dementia and I would pop in on no particuIar schedule. I found more than one thing that was unacceptable. Of note: they lost her dentures. Lost. Them. They didn’t say anything about it and I came in to find she had none.

      I can be sweet as a fucking razor. They paid to replace them.

    • I was a nursing home aide until my back couldn’t take it anymore, and I tell everyone who will listen to make random frequent visits to anyone they care about in nursing home care. Squeaky wheels get grease, everyone else gets the shaft.

      In fairness, it’s not usually that the aides don’t *want* to keep everyone clean and happy. I mean, I met some awful aides and some lazy ones, but they were in the minority. Most people who don’t give a damn about the patients will just quit and go work some other low-paying job where you don’t get covered in shit and watch people die. It’s more that the facilities keep you constantly understaffed (except for the one week a year when the state inspectors come and suddenly everyone has a manageable patient load) and there just isn’t enough time to give everyone great care. So you prioritize. People who can advocate for themselves and/or have family to advocate for them get the great care, and everyone else gets whatever you have left. (Aides also tend to be underpaid, overworked, underappreciated, and frequently injured, which is all a great recipe for sub-par job performance. Which sucks, because it’s an important job. For a lot of people, the aides are the ones that hold their hands while they die and cry about it afterwards. Lots of family members don’t show up till it’s time to see if grandma left anything in her bank account or anything valuable in her room they can claim.)

  • Incoming Ham

    Fine.

    Sue the company CEO *personally* for infliction of emotional distress to you and/or your loved one through their negligence. Negligence in doing their job and making sure the business they are leading is being run properly and safely. Be a fucking thorn in their sides.

    You want to be assholes, two can play that game.

    • tehbaddr

      Say, where’d you come from Pork Chop?

      • Incoming Ham

        Oz.

        • tehbaddr

          Bogan!

          • Incoming Ham

            The nursing home thing is a particularly thorny subject with me. I apologize if I was rude.

          • tehbaddr

            Responsibility is supposed to start at the top, no matter what sector or industry. Apology accepted.

    • Beanz&Berryz

      But if I remember law school torts, infliction of emotional distress has to be intentional to be tortious, in the old days anyway.

      • Incoming Ham

        That’s a good question – if you could prove it was intentional to save money and improve business income, that might do it. Other than that – I am sure there is something else – must be.

        If nothing else dragging them into court repeatedly would be a) an annoyance and b) embarrassing. It’s a matter of money on the part of the complainant – can you afford to do it?

  • Spurning Beer

    If Congress should pass a law requiring that lawsuits against the President must be handled through binding arbitration, I’ll bet we’d see a different posture from the White House.

  • Jeff Mc Donald

    I guess the reasoning here is that it is their own fault for not being rich. BUT! They can become rich, because this is America, so it’s all good.

    • Beanz&Berryz

      The way most people here become rich. By inheritance.

      • NotALiar

        Or just write a book.

  • Zyxomma

    Wow, I’m really getting old. I remember when I put arbitration clauses into my freelance contracts because getting my case reviewed by my peers instead of a jury was a good idea. How 20th century. (I also worked for an attorney who was an arbitration specialist back when arbitration was a good thing, not a stinking sewer.)

  • I was born in 1962 and an NOT a Boomer and am NOT an X.

    I am a proud member of the MONSTER KID GENERATION.

    We grew up on Famous Monsters magazines, Aurora Monster models, remember when Karloff and Chaney, Jr died, scanned the TV for the occasional genuine monster movie and settled for various Horror Host offering borderline horror and crummy European sci-fi,, knew true gems could be found on The CBS Late Night Movie, knew who Ray Harryhausen, Willis O’Brien, Jack Pierce, Tod Browning, James Whale, Uncle Forry, Uncle Creepy, Cousin Eerie and Vampirella were before we knew the names of all the presidents, spent our Saturdays at the local movie theater watching NIGHT OF THE LEPUS, THE LEGEND OF BOGGY CREEK, CONQUEST OF THE PLANET OF THE APES, IT’S ALIVE, etc. etc.

    It all came to a crashing end with JAWS and THE EXORCIST, which took horror movie from kids, made them ‘hip’, and gave ’em to the adults.

    • John Strycharz

      Don’t forget Roger Corman , Vincent Price, Monster World, The Monster Times, drive-ins, THE GREEN SLIME, THE OMEGA MAN, SILENT RUNNING, Neal Adams, Jim Steranko and 007.

      The CBS Late Night Movie was the best! A “midnite movie” every night of the week, in the comfort of my own rec room. 😎

    • VirginiaWackelpudding

      Our viewing area had Creature Feature and Doctor Madblood. A kinder gentler group of monsters for teen stoners.

    • Iron Monkey

      Night of the Lepus was the best/worst that I remember. Cut in footage of lots of rabbits just wasn’t very scary. Hard to make a horror movie about being hopped to death by cute fuzzy creatures.

  • Paperless Tiger

    Trump is a very sick man. Whatever money he has is not worth the screaming demons in his head. Soon they will take him from us.

  • Jo Mathie

    I shared this article with my mum and she was horrified. She worked in nursing homes for thirty years but only once did she witness abuse and she raised hell about it and the nurse was charged with endangerment. By this new law I guess the nurses/assistants have to monitor each other and make complaints to management if something is going on, and they won’t even know if they’ll lose their jobs themselves to save face for the business.

  • The Flaming Carrot

    I blame Juanita Brodderick.

  • Rickyphoo

    Every time I think the bed of snakes, (GOPbaggers) can’t get any worse, they up and surprise me. Everything they do seems to fly in the face of what normal people would consider good and kind. It’s like the Republicans sit around wondering what would Snidely Whiplash do.

    And what is even stranger, is all too often, the people these cruelties hurt the most, still support the GOP and tRump.

  • VirginiaWackelpudding

    I’ll bet this is why the State is trying to privatize their institutions. They can still be sued and held responsible for mismanagement and negligence.

  • Carla Vandermeer

    Explain to me again how the rethuglican manage to call themselves christians? The next thing we know they’ll be kicking puppies around like soccer balls just for shits and giggles. Or taking candy away from babies.

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