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

Pat Ryan 1 Comment

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:

In the spring a young man’s fancy also turns to baseball and cars; politics is getting in the way

Pat Ryan 1 Comment

Yep, another great day: sunny skies and highs in the low 80s in southeast Texas, got a ticket for my first game of the new baseball season tonight, made some good progress with a new swing thought out on the driving range yesterday, and I’m about a week away from trading in a serviceable but boxy and uninspiring VW for a very low mileage Honda two-seater—just the kind I’ve always loved and used to drive—while lowering my costs in the process!  With Rick Santorum’s exit from the GOP presidential primary, I’m hoping we can all enjoy a period of relative campaign quiet, too, but here’s something to roll around in your head before Mitt Romney and Barack Obama, and the permanent political class, use up all the oxygen.

It has looked like, from the vantage point of today, that come November we voters would face a choice between the radicalism that defines today’s Republican Party or another four years of divided government and damn little constructive effort on crucial economic issues.  Even the most moderate-seeming Republican candidate, Romney, was disavowing anything in own past that smelled of reasonableness and compromise, to appeal to the extremists who make up most of the GOP primary voters.  But the need for that should be over now, absent a mind-boggling resurgence from Newt Gingrich or Ron Paul or a last gasp charge to the convention from Sarah Palin or someone of that ilk to rally the “true conservatives.”

But even as Romney starts to redefine himself to appeal to the less ideological among us, Republicans will have a quite a slog in front of them if they wish to broaden their appeal beyond those who’ve already drunk the Kool-Aid.  Former White House speechwriter and senior policy adviser Michael Gerson says it’s not just a matter of trying to counter the Democrats’ “war on women” meme: “The GOP’s main problem is not the contraceptive issue; it is the perception that it has become too ideological on many issues.”

Women and independent voters have seen a party enthusiastically confirming its most damaging stereotypes. The composite Republican candidate—reflecting the party’s ideological mean—has been harsh on immigration, confrontational on social issues, simplistic in condemning government and silent on the struggles of the poor. How many women would find this profile appealing on eHarmony?

This is the hidden curse of the Republican congressional triumph of 2010. Republican activists came to believe that purity is all that is necessary for victory. But a presidential candidate, it turns out, requires a broader ideological attraction than your average tea party House freshman.

From an academic standpoint it will be interesting to see if and how Romney and the more traditional Republican elements work to sand the scary edges off of their primary campaign messages, to widen their appeal and entice the plurality of American voters who don’t ritualistically identify with the Republican or Democratic parties; those are the people who will decide this election.  (The Obama campaign isn’t going to make it easy, already working to reinforce Romney’s “severe” conservatism and other primary campaign highlights.)  Gerson argues that “Mainly, women and independents want some reassurance that Republicans give a damn about someone other than Republican primary voters. It is not a high bar. But Romney needs to start somewhere…”.  I’ll check back in after Memorial Day to see how he’s doing.

Crazy conservatives shoot themselves in the foot, then reload

Pat Ryan 2 Comments

The radical right of the Republican Party keeps drifting farther and farther away from the reality where most of us exist.  The good part is they’re getting less and less likely to remain a national political force, since as they get more and more extreme in their views they’re pushing more and more moderates away while their own supporters, angry old white people, are dying off.  The overreaction to every imagined slight against The Way Things Should Be and The Way Things Used To Be has become comical, and an easy target for Jon Stewart and others.

The Daily Show took note of last week’s hissy fit in a hatbox over mandating health insurance coverage for contraception services and the requirement that employers offer such coverage, even some religion-affiliated employers, and was delighted to report that the conservative message machine didn’t miss a chance—again—to bulldoze blithely over that line that separates rational argument from hysterical exaggeration.  Click the pic, and enjoy.

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Fool me once, shame on you; fool me twice…

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The “supercommittee” admitted defeat; it won’t have a blueprint for reducing the nation’s deficit (stories here, here and here).  Is this a bad thing?

Some have argued, no: the first direct result of getting no plan from this committee is that the law which authorized it will now automatically cut $1.2 trillion from defense and non-defense spending over ten years starting in 2013, and that may end up giving us more deficit reduction than we’d have gotten otherwise.  No way to know for sure, of course, but it makes sense.

I mean, there’s no reason to believe that the same members of Congress who thought nothing of threatening government default for political gain this past summer were likely to come to any agreement now, not when the party that controls the House (and virtually controls the Senate with the threat of filibuster) is still holding its breath threatening to turn blue rather than be responsible and discuss the best ways to increase revenue as part of the answer (along with spending cuts and overall economic growth) to getting the federal budget on a healthy path.  None at all.

To believe otherwise would mean, first of all, believing that the sheep people lined up behind Speakers Boehner and Limbaugh have any goal more important that the defeat of President Obama.  They don’t, unless it is the personal destruction of Obama, and anyone unlike themselves.  Second, it means they would have to have the backbone to say no to the no-tax extremists and the campaign contributors.

I read an interesting article making the point that we’re foolish to think that our elected representatives will do anything that makes sense for us, because they’re in place to serve their bosses: namely, the minority of the population who actually vote in the primaries, and the even smaller percentage of the people who pay the bills through campaign contributions both above and below board.  (By the way, read Michael Moran’s piece setting the stage for his blog The Reckoning.)

The other thing to watch out for right now, though, is the cowardly Congress finding a way to back out of the deal it made with itself!  No Congress can pass a law that would prevent a future Congress from unpassing that law; just because it set itself this deadline and mandated future budget cuts as a penalty for failing to meet that deadline can’t prevent the next Congress from overriding all or some part of the threatened budget reductions, and that’s entirely possible for a group that already can’t say no to anyone (which is a big part of what got our budget in this mess to begin with).

Give some thought to Moran’s suggestion: in times of crisis, what if we take control away from politicians and give it to people who know what they’re doing?

A real super-committee – a real committee not only empowered to take the steps necessary to right the American economy, but competent to do so – would include 12 serious thinkers. They might include policymakers like former Fed Chairmen Paul Volker or (the suitably contrite) Alan Greenspan, economists of left and right like Stanford’s John B. Taylor, Yale’s Robert Schiller, NYU-Stern’s Nouriel Roubini, plus a few representatives of labor, small business and capital – let’s say Robert Reich, Joseph Schneider of Lacrosse Footwear, and Warren Buffett, just for kicks. No investment bank chairman, please, and no one facing reelection.

Can you imagine this group failing to come up with a solution? Can you imagine any of them worrying more about the next election than the future of the world’s largest economy? Certainly, they would clash – perhaps over the same tax v. spending cut issues. The difference: they would understand better than any member of Congress that no solution is far worse than a less-than-perfect solution.

That’s one small step for the Pentagon, one giant leap for the U.S.A.

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Today is the first day without the “don’t ask don’t tell” policy, which since its  implementation in 1993 forced more than 13,000 gay Americans out of the armed forces and multiple tens of thousands more to hide their homosexuality to keep from being discharged.  In a direct, businesslike, very Pentagon kind of way, after certifying to Congress and the president that the change will not impact military readiness or unit cohesion, and after training more than two million troops about what is now expected from them, the rule simply ceased to be.  No longer do the regs support the immediate discharge of any American soldier, sailor or Marine solely over the gender of the people for whom they have sexual and/or romantic feelings.

Congratulations, America: today we took one step closer to living up to our professed ideals of justice, equality and fairness in a tolerant, secular society.

Previously on this subject: