Rhetoric doesn’t match the facts, and Roberts may not be a traitor to conservatism after all

A follow-up on Thursday’s Supreme Court Obamacare ruling:

The campaign for president hasn’t taken a time out since the court issued its ruling on the health care insurance reform last week; Barack Obama and Mitt Romney are all over it, but it turns out they’re getting a good bit of it wrong—both of them.  Check out the AP fact checker on the rhetoric since last Thursday: the law does not guarantee everyone can keep the insurance they have now indefinitely, 20 million people losing their insurance is a worst-case scenario estimate, there’s no evidence the law will add trillions to the budget deficit or raise taxes on the American people by half a trillion dollars, and very few of us should be counting on rebate checks from our insurance companies.

A healthy portion of the American people had some level of surprise or disgust at the action of Chief Justice John Roberts in this case: surprise that he found the law was constitutional, disgust at his seeming abandonment of conservative principles to come up with a way to find that the law was constitutional.  Today, CBS News quotes sources inside the court who say Roberts changed his mind on this ruling and worked to find a way to save the law, which angered his conservative colleagues.  Meanwhile, two more top conservative columnists, George Will and Charles Krauthammer, have joined the ranks of those who see a silver lining in the ruling: Roberts found a way to strike a blow for limited government while at the same time protect the integrity of the court itself!

Will:

If the mandate had been upheld under the Commerce Clause, the Supreme Court would have decisively construed this clause so permissively as to give Congress an essentially unlimited police power — the power to mandate, proscribe and regulate behavior for whatever Congress deems a public benefit. Instead, the court rejected the Obama administration’s Commerce Clause doctrine. The court remains clearly committed to this previous holding: “Under our written Constitution . . . the limitation of congressional authority is not solely a matter of legislative grace.”

Krauthammer:

More recently, however, few decisions have occasioned more bitterness and rancor than Bush v. Gore, a 5 to 4 decision split along ideological lines. It was seen by many (principally, of course, on the left) as a political act disguised as jurisprudence and designed to alter the course of the single most consequential political act of a democracy — the election of a president.

Whatever one thinks of the substance of Bush v. Gore, it did affect the reputation of the court. Roberts seems determined that there be no recurrence with Obamacare. Hence his straining in his Obamacare ruling to avoid a similar result — a 5 to 4 decision split along ideological lines that might be perceived as partisan and political.

Last week I said that it would have been unfortunate for the law to be rejected by a single vote, in what would have amounted to a “party line” vote.  Will and Krauthammer and others think the chief justice of the United States was thinking the same as me…although he was thinking it sooner, I’m sure, and with much greater legal clarity.  But still, he was on the right track…

And now for some truth about today’s GOP, we go to Bob in the Heights

My friend Bob Eddy has something to say today about the current race for president of these United States, about which you may have heard a thing or two in the past year or so. He has an endorsement, and a prediction, and a link to a great story in Rolling Stone (that I’m still working on) with background on the evolution of the Republican Party over the last two generations into the enclave of selfish anti-tax extremists you see before you today. Bob…

Against my better judgment—I guess more than anything because I have a lot of reading time these days—I have been keeping up for some time now with the often humorous and desperate “Anyone but the Mormon!” reality show currently masquerading as the Republican primaries. I mean, who can resist? What a pack of fucking coconuts, every one of them. Excluding Ron Paul, who’s basically a nut with a couple of good ideas, and Huntsman, who is waaay too centrist for this rabid crowd, they’re a bunch of pathetic pledge-signing panderers beholden to the Tea Baggers and Christian right; scumbags who made their millions peddling their influence trying to portray themselves as “outsiders” and reformers—I’d have better luck trying to dress up and look like Kim Kardashian. I liked Bill Maher’s “New Rules for the New Year” featured in the [New York] Times last week – among my favorites: 

If you were a Republican in 2011, and you liked Donald Trump, and then you liked Michele Bachmann, and then you liked Rick Perry, and then you liked Herman Cain, and then you liked Newt Gingrich…you can still hate Mitt Romney, but you can’t say it’s because he’s always changing his mind.

And now you can add Rick Santorum to that list. Concerning Rick Perry:

The press must stop saying that each debate is “make or break” for Rick Perry and call them what they really are: “break.”

Even crusty curmudgeon Krauthammer at the [Washington] Post calls this one “a weak Republican field with two significantly flawed front-runners contesting an immensely important election.” Of course that was a couple of weeks ago, when everyone assumed it would be Romney vs. Newt: Yes Charlie, who will save America from that cloaked and quasi-American and his plan to turn this great nation into a socialistic Hieronymus Bosch painting, the commie love child of France and Cuba?!  In the same editorial he wraps it up with “If Obama wins, he will take the country to a place from which it will not be able to return (which is precisely his own objective for a second term).”

Wow!  Gives me shivers…

Bye-bye, Michele, you were my favorite! Sorry God’s mysterious plan for America doesn’t include you after all! And who can forget “I’m not going away!” Herman Cain…are you fucking kidding me? Oh yes you are, Herman, your little five minutes on stage are mercifully over. Poor Herman, the misunderstood Jimmy Stewart of the pizza business. Yes, after shuffle dancing around the harassment accusations, he then had to admit to a 13-year relationship with an Atlanta businesswoman that included him giving her monthly cash installments—but all in benevolent innocence of course, strictly friends. A friend his wife knew nothing about. You know, like George [Bailey], when he gives the town floozy some cash to go start a new life outside of Bedford Falls in “It’s a Wonderful Life!”

So anyways, with the remaining bag of nuts now taking off the gloves and heading to New Hampshire for another family cage match, the media has been dogging my phone for weeks asking if I’m ready to go on record endorsing a candidate! And my Tweeter is down!! So I’ve chosen tonight to officially give my full support to the incumbent, President O. To quote Thomas Friedman in a recent editorial, “I still don’t want my money back.” Not only that, my money says he will soundly beat any one of these weak challengers. Sorry, they just didn’t/couldn’t come up with a serious contender. Poor Mitt—will he once again face the shame and embarrassment of his party’s rejection? I see grandpa McCain has thrown him a bone of support, as if anyone gives a dry fart what he thinks—the man who gave us Sarah Palin. Dan Quayle is also for Mitt—take that Newt, IN YOUR FACE!

The nation is still recovering from a crushing recession that sent unemployment hovering above nine percent for two straight years. The president, mindful of soaring deficits, is pushing bold action to shore up the nation’s balance sheet. Cloaking himself in the language of class warfare, he calls on a hostile Congress to end wasteful tax breaks for the rich. “We’re going to close the unproductive tax loopholes that allow some of the truly wealthy to avoid paying their fair share,” he thunders to a crowd in Georgia. Such tax loopholes, he adds, “sometimes made it possible for millionaires to pay nothing, while a bus driver was paying 10 percent of his salary – and that’s crazy.”

Preacherlike, the president draws the crowd into a call-and-response. “Do you think the millionaire ought to pay more in taxes than the bus driver,” he demands, “or less?”

The crowd, sounding every bit like the protesters from Occupy Wall Street, roars back: “MORE!”

The year was 1985. The president was Ronald Wilson Reagan.

That’s the opening from an excellent and fascinating piece in a recent Rolling Stone (by Tim Dickinson), entitled “How the GOP Became the Party of the Rich.” I mean no offense to those who vote and stand for the Grand Old Party, but sometimes I wonder if a lot of them really know what they’re voting for these days. It’s quite an extensive and in-depth look at the party today, and its evolution over the last 25 years. What’s most surprising is it’s filled with quotes from top level economic movers, shakers, and advisors of past Republican administrations that, frankly, barely recognize what their party has become. Reagan budget director David Stockman goes on record saying “The party has totally abdicated its job in our democracy, which is to act as the guardian of fiscal discipline and responsibility. They’re on an anti-tax jihad—one that benefits the prosperous.” Bruce Bartlett, an architect of the 1981 Reagan tax cuts says “Taxes are ridiculously low! And yet the mantra of the Republican party is tax cuts raise growth…so where’s the fucking growth?”

George Voinovich, former GOP senator from Ohio, when discussing the debt ceiling standoff of last year, likened his party’s new guard to arsonists whose attitude is “We’re going to get what we want or the country can go to hell.” Even economist Glenn Hubbard, designer of the Bush tax cuts, tells Rolling Stone there should have been a revenue contribution to the debt ceiling deal, “structured to fall mainly on the well-to-do.”

Alan Simpson, former senator and personal friend of the Gipper, says Reagan recognized raising taxes as a necessary and effective tool to bring down unwieldy deficits and wasn’t afraid to do so—he “raised taxes eleven times in eight years!” Yes, the Moses of the Republican party, the man who’s name and image is a virtual icon, only hearkened to with reverence and adulation.

Republicans have responded to the worst economic crisis since the Great Depression by slashing inheritance taxes, extending the Bush tax cuts for millionaires and billionaires, and endorsing a tax amnesty for big corporations that have hidden billions in profits in offshore tax havens. They also wrecked the nation’s credit rating by rejecting a debt-ceiling deal that would have slashed future deficits by $4 trillion – simply because one-quarter of the money would have come from closing tax loopholes on the rich.

How did this all start? With a smarmy little Harvard-educated Chamber of Commerce staffer and sphincter-licker named Grover Norquist, who began the hijacking of the Republican Party back in 1985 when Reagan made him point man for a pressure group called Americans for Tax Reform.

But it’s a long story, I’ve said my piece. I’ll close with something from one of the lucky few presidents who got to actually preside over a government that ran in the black—and get a hummer in the Oval Office from a hot young intern. The article mentions that a decade ago [Bill] Clinton warned the Republican tax cuts would return America to a period of “deficit upon deficit” that culminated in “the worst recession since the Great Depression.”

Obama is going to win because he will successfully make the case that his opponent’s party stands for obstructionism and the demise of the middle class. And it won’t be that hard.

Go Texans!

Upon further review, we’ve determined that the deal isn’t really much of a deal

Well, everything turned out just swell after all the drama over the debt ceiling debate, didn’t it?  I mean, so long as you don’t mind that:

–the sorry spectacle of the political fight led one rating agency to drop America’s debt rating a notch below AAA anyway: it doesn’t doubt that the U.S. can pay its debts, but feels the political stalemate raised questions about the government’s willingness to pay its debts, and so lowered the rating as a warning to investors;

–the deal doesn’t actually reduce the nation’s debt, it just lowers the rate at which it is rising; and

–taking the nation’s financial health hostage in a political negotiation was shown to be an effective tactic, so we can expect to see it used again in the future.

Among the lessons learned:

–the deal assumes the elimination of the so-called Bush tax cuts at the end of 2012, meaning Republicans gave up the very thing they fought so hard for a year ago.

Plucking flaccid compromise from obstinacy should not be mistaken for victory, just as the smell emanating from Washington after this deal shouldn’t be mistaken for success.

82% of Americans are unhappy (disgusted?) with the performance of Congress on the debt issue, nearly half are unhappy with the president’s handling of the situation, and 40% view the Tea Party unfavorably.

More than four out of five people surveyed said that the recent debt-ceiling debate was more about gaining political advantage than about doing what is best for the country. Nearly three-quarters said that the debate had harmed the image of the United States in the world.

–the political system in Washington, D.C. is becoming more and more unproductive, and may not be able to help us with anything.

The president has tried reasonableness and he has failed. It has been astonishing to watch Obama’s sheer unwillingness to give up on his opponents after their refusal to work with him on the stimulus package, health care reform, or the extension of the Bush tax cuts last fall. A Congress dominated by mindless cannibals is now feasting on a supine president. But surely even he now realizes there’s no middle ground with antagonists whose only interest is in seeing him humiliated.

More real fun is going to come later in the year when a new federal fiscal commission tries to come up with a plan to solve the federal government’s money problems.  If it’s anything like the most recent such commissions, it will find that cutting the budget just can’t produce enough savings to right the ship and it will also look for equitable ways to increase revenue.  It could start by checking this week’s local paper: Ezra Klein outlines a plan for Democrats to boost revenue by negotiating like Republicans, and Charles Krauthammer offers a very rational outline for reforming and simplifying taxes so our representatives in Washington could have a fresh starting point on the coming negotiations on tax rates and entitlement reforms…and they are coming.

Obama the Hustler?

Charles Krauthammer thinks President Obama snookered congressional Republicans and Democrats with this week’s budget deal, and that they still don’t know that they’ve been had:

At great cost that will have to be paid after this newest free lunch, the package will add as much as 1 percent tohuggy-obama-barack-obama-chitown-huggy-bear-demotivational-poster-1219696416 GDP and lower the unemployment rate by about 1.5 percentage points. That could easily be the difference between victory and defeat in 2012.

Obama is no fool. While getting Republicans to boost his own reelection chances, he gets them to make a mockery of their newfound, second-chance, post-Bush, Tea-Party, this-time-we’re-serious persona of debt-averse fiscal responsibility.

Is he right?  Does it matter?  Do you think Barry should co-star in the next remake of “The Sting”?

Political opportunists exploit Ground Zero, and not in a good way

September 11 is right around the corner, and this year it is likely to spike the hysteria over the planned construction of a community center two and a half blocks from the World Trade Center site.

Doesn’t that sound a lot less creepy and threatening than “a mosque at ground zero”?  That’s the gist of the problem.

A Muslim group in New York City wants to build a community center, including space for religious observance, at 45-51 Park Place in lower Manhattan, a site near the hole in the ground where the Twin Towers stood.  Google the address to see the distance between it and the pit.  There have been complaints from people who find the idea of a mosque at ground zero appalling and insensitive, and in some cases a symbolic victory for the people who carried out the September 11 attacks (and who are, it is true, still at war with the United States and plotting our destruction).  It’s not been made clear (to me) if there are objections to the swimming pool and meeting rooms in the plan, or just that there would be areas for Muslim religious activity.

I don’t follow how building a community center shows insensitivity to the victims of a terrorist or criminal act, unless you blame the builders of the center for the attack.  The man behind the Cordoba House has some questionable beliefs, but no associations with Osama bin Laden or Al Qaeda.  If the people behind this proposal aren’t directly connected to the 9/11 hijackers, is the objection some sort of guilt by association?  I’d like to believe that association with Islam is not the cause of the opposition, since Islam didn’t attack us—that was done by some people with a perverted interpretation of Islam.  They’re no more representative of Islam than the (insert name of your favorite religious fringe group here) are of Christianity.

People who commandeer passenger jets and use them as missiles deserve our attention.  The last president let his administration turn that attention into fear, and enough of the fear became irrational enough to be exploited as a wedge to grab power and start a war that had nothing to do with finding the people who attacked us, merrily ignoring civil liberties along the way.  It’s not too big a leap to say that irrational fear, and political opportunism, are pumping up the volume in this case.

Charles Krauthammer makes a compelling point about preserving sacred ground, although he doesn’t say how far away would be far enough, and Ross Douthat has an interesting column about how the constitutional America and the cultural America are in conflict on this issue, and I see his point.  But I’m no culture warrior: no one’s made an argument that the proposed construction is illegal, the necessary governmental authorities have approved the plan, neighborhood and business groups approve, we’re not religious bigots…and it’s two blocks down and around the corner, for crying out loud.  Let’s move on.

Want more?  William Saletan does a skillful job taking down the anti-mosque arguments on their face, and their proponents with them.

How about a joke?  This is ridiculously close to a real news item:

The Statue of Liberty was briefly evacuated today after a faulty sensor in an elevator shaft falsely indicated smoke. While there were no immediate reports of injuries, the very idea that someone might build a Muslim community center just across the water from the site of that undamaged sacred ground was compared to a stab in the heart by a bunch of racist yahoos.