Health insurance law ruling will refocus fall campaign–away from the most important issues!

Let the predictable caterwauling begin: today the Supreme Court upheld the constitutionality of President Obama’s signature domestic policy achievement, the Patient Protection and Affordable Care Act, with Chief Justice John Roberts leading the majority on the 5-4 decision.

The heart of the disagreement over the law is its requirement that each of us Americans purchase health insurance, and the court has now ruled that the requirement does not violate the Constitution.

During oral arguments in March, conservative justices indicated they were skeptical about the individual mandate, the provision in the 2,700-page health-care law that requires nearly all Americans to obtain health insurance by 2014 or pay a financial penalty.

Arguing the case for the Obama administration, Solicitor General Donald B. Verrilli Jr. defended the law as a constitutional exercise of congressional power under the charter’s commerce clause to regulate interstate commerce. He said lawmakers were regulating health insurance to deal with the problem of millions of people who lack coverage and therefore shift costs to the insured when they cannot pay for their medical care.

Paul D. Clement, representing Florida and 25 other states objecting to the health-care law, argued that Congress exceeded its power in passing the law, which he said compels people to buy a product.

The court rejected Obama administration’s commerce-clause argument, but ruled 5-4 that Congress nevertheless “has the power to impose” the individual mandate under its taxing authority. The provision “need not be read to do more than impose a tax,” the opinion said. “This is sufficient to sustain it.”

Neither the plaintiffs in the case nor the Obama administration had argued before the court that the individual mandate was a tax.

(In fact, that is the point made—the only point made—in the story I saw when I clicked on the lead headline on FoxNews.comthis afternoon.)

The decision means that implementation of the new law should proceed, with the aim to get health insurance coverage for tens of millions of currently uninsured Americans; these are the people who currently access the most expensive health care around through emergency rooms and charity care, medical care that those of us who pay taxes are already footing the bill for anyway.

So, that’s settled.  Or not.  Arguably, the real heart of the disagreement is that this is Obama’s plan, and people who had supported similar health care insurance law revisions in the past (like the conservative Heritage Foundation and many Republicans; like the Commonwealth of Massachusetts, W. Mitt Romney, Gov.) opposed this one because it was Obama’s plan.  People like Mitch McConnell, and others who have proudly and publicly asserted that they will do whatever is required to make Barack Obama a one-term president (for whatever reason).

The dissent in the case will only fuel their fire: it argues that the Obamacare mandate that individuals purchase a product—health insurance—and its threatened denial of some Medicaid funding to states for non-compliance both unconstitutionally exceed government authority, and that since those provisions are crucial to making the system work, the entire statute should be tossed out…hmm, not much room for compromise here, I guess.

It’s unfortunate that the divide on the court was (except for Roberts) by perceived political ideology—for many people that’s going to reinforce the idea that the justices make their decisions based on politics rather than the law, and that will reinforce the left/right division in politics.  But it could have been worse: as David Franklin from DePaul University’s College of Law argues in Slate, Roberts found a way to uphold ACA in order to save the integrity of the Supreme Court.

A 5-4 decision to strike down Obamacare along party lines, whatever its reasoning, would have been received by the general public as yet more proof that the court is merely an extension of the nation’s polarized politics. Add the fact that the legal challenges to the individual mandate were at best novel and at worst frivolous, and suddenly a one-vote takedown of the ACA looks like it might undermine the court’s very legitimacy.

And, of course, health care is now likely to become the distraction center for a presidential campaign that I’d hoped would hold its focus on employment and the federal budget.

(We don’t need to spend time discussing how, in their rush to be first with the news, CNN and Fox both got the story completely wrong, do we?  Fish in a barrel…)

Here’s a smattering of the early reports on the court ruling, for your edification and delight:

“The relevant life”

It was Friday afternoon when I saw the headline and giggled a little to myself (no need to let everyone else in on what I was doing).  It struck me as funny that a commencement speaker told a group of graduating high school seniors that they weren’t special, that someone had gifted the graduates with a surprise package of honesty such as they likely don’t receive at home.

Today, I looked at the video of that speech and was surprised—pleasantly—when I found that the people who wrote headlines about the “buzzkill” commencement speaker had missed the whole point.

This is not some blowhard scrounged up to give a graduation day speech: he is Wellesley High School’s own veteran English teacher David McCullough, Jr., son of the historian, apparently a well-respected member of this upper class community in Wellesley, MA.  (He’s given the faculty message at graduation before, said some of the same things six years ago!)  If you watch the people in the background and listen to the other sounds, you see and hear a lot of laughter and head-nodding agreement with where he’s going in this speech—telling the students that “if everyone is special, then no one is” to shake them out of their certificate of participation-filled, everybody-gets-a-trophy world.

…we have of late, we Americans, to our detriment, come to love accolades more than genuine achievement. We have come to see them as the point—and we’re happy to compromise standards, or ignore reality, if we suspect that’s the quickest way, or only way, to have something to put on the mantelpiece…

(snip)

No longer is it how you play the game, no longer is it even whether you win or lose, or learn or grow, or enjoy yourself doing it; now it’s “So what does this get me?”

McCullough’s lively and humorous talk isn’t mean-spirited at all.  He is serious in telling his students that they’ve been coddled by their parents (and the school and American society, to an extent) but those days are over, but his message comes out of love for the kids, and what I think is the right-headed realization that we’ve got to wake them up and stop spoiling them if we wish them to be successful and contributing members of society.

I also hope you’ve learned enough to recognize know how little you know..how little you know now, at the moment, for today is just the beginning.  It’s where you go from here that matters.

(snip)

The fulfilling life, the distinctive life, the relevant life, is an achievement, not something that will fall into your lap because you’re a nice person or mommy ordered it from the caterer.

And without preaching, he spreads the word: do great things but don’t do them for yourself—do them for their own sake, or for the sake of others.

And then, you too will discover the great and curious truth of the human experience is that selflessness is the best thing you can do for yourself; the sweetest joys of life, then, come only with the recognition that you’re not special, because everyone is.

Look at who else must be a socialist, too

Last week Fox News CEO Roger Ailes said in a speech at Ohio University that “The Daily Show” host Jon Stewart had told him some years ago that he (Stewart) was a socialist; Stewart was on vacation and didn’t offer any response/defense/denial. ; It seems that no one got too terribly worked up about this “accusation” against an entertainer, although I’d half expected the Fox News Commentariat to hyperventilate into unconsciousness over the revelation. ; (They may have; I don’t watch, so I don’t know what they did (or didn’t) do.)

Now Stewart’s back from vacation and last night he did respond, staking out what it is that he does believe in, absent the simplistic and obfuscatory labeling that supplies so much of what passes for political analysis today…and, naturally, he found a way to use that explanation to (1) point out the hypocrisy among the conservative extremists considered among the leaders of today’s Republican Party, and (2) make me laugh. ; What more do you need? (Click the pic)

image

Thank you, Comedy Central.

Memorial Day

Please take three minutes and click here: look at these two remarkable photos; read this thoughtful essay; give a thought to those of our fellow Americans who were lost while picking up the tab for the lives we enjoy.

It is impossible to be unmoved by the juxtaposition of the eternal stone-faced warrior and the disheveled modern military wife-turned-widow, him rigid in his dress uniform, her on the floor in her blanket nest, wearing glasses and a baggy T-shirt, him nearly concealed by shadow while the pale blue light from the computer screen illuminates her like God’s own grace.

(snip)

I believe that the civilian-military gap isn’t always born of indifference, but rather, at times, a sense of helplessness on the civilian side. What can I do? If you do nothing else, you can remember those who have given their lives for their country. Our country. Remembrance, which may seem a modest contribution in the moment, is a sacred act with long-term payoff — a singularly human gift that keeps on giving, year after, year after, war-fatigued year. I don’t need to remind you that America’s sons and daughters are still dying in combat. I don’t want to browbeat you into feeling guilty for not doing more. Instead, I want to tell you that as the wife of a veteran, it is tremendously meaningful to know that on this Memorial Day, civilians will be bearing witness and remembering in their own way — that those who are gone are not forgotten. I also want to say that as you remember them, we remember you.

The Gospel According to Calvin and Hobbes

Lots of last-minute unavoidable changes made for an especially hectic day at work; I grow more and more fatigued of reading about the political impasse without any real promise of light at the end of the tunnel; they say this is the hottest start to a year since they started keeping records here 120 years ago; and then Bill Watterson reaches out from the past to hit the nail on the head.  Thanks, I needed that.

Calvin

Thanks, GoComics.com.