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Tuesday, April 3, 2012

[ALOCHONA] Worth a Read: Comprehensive coverage on Supreme Court's review of the Health Care Law

Many Thanks to FOIL's Sekhar Ramakrishnan for accumulating this comprehensive coverage of the Supreme Court hearing on the Health Care Bill.


-----Forwarded Message-----
>From: Sekhar Ramakrishnan
>Sent: Apr 1, 2012 10:56 AM
>To:
>Subject: [foil] on obamacare, US not unlike Iran
>
>Back in 2000, when the US Supreme Court chose Bush to be the President
>even though he had lost, it was rationalized by the need for certainty as
>opposed to protracted court proceedings. Liberals took comfort in the
>court majority's assertion that it was a decision that would set no
>precedent. But key decisions since then have made clear that the
>rightwingers on the court are not at all bound by precedent or restraint,
>which they talk about a lot, leave aside any compassion.
>
>Against this backdrop, the so-called constitutional challenge to
>Obamacare, dismissed by even ardent rightwing legal experts as nonsense,
>has been validated by the Supreme Court's right wing during the oral
>arguments this past week. It appears very likely that key elements of
>Obamacare will be declared unconstitutional, especially the mandate that
>everyone get health insurance or pay a penalty/tax to cover the costs of
>society having to pay for healthcare of the uninsured, and perhaps even
>the expansion of Medicaid to cover 30 million working poor who cannot
>afford to buy insurance on their own (the latter on the grounds that it
>somehow infringes on states' rights, which it does by providing all the
>funds needed to help more people get health care but some state
>governments don't want to help their poor).
>
>My thought about Iran is that the situation in the US is not so different
>from what goes on Iran now and even more when Khatami was President.
>Regardless of the popular vote, the elected President could not implement
>his policies if the religious leadership disapproved. In the US now, that
>role is played by the Supreme Court, with a politicized majority appointed
>by Republican presidents.
>
>After days of handwringing, even nytimes has come to recognize the
>rightwingers on the Supreme Court for what they are and has resorted to
>pleading with Chief Justice Roberts to please, please be nice. Roberts has
>shown no sign till now that he is anything but a lapdog to Scalia's hard
>right stance. So all hopes lie with a single judge, Anthony Kennedy, whose
>demeanor was quite hostile.
>
>But I have yet to see any comparison of the rightwingers on the US Supreme
>Court to Iran's Guardian Council. It is true that Iran's set-up is
>theocratic, but the belief that, whatever be election results, its
>ideology is the only legitimate one is pervasive on the right in the US,
>going back at least to delegitimizing Clinton's presidency and reaching
>full bloom after Obama's election.
>
>In doing its best to delegitimize and to defeat Obama, the right wing of
>the Supreme Court is acting not so differently from the Guardian Council
>in Iran.
>
>Also noteworthy is that these judges don't have some consistent view on
>the constitution. If this law had been passed by Republicans, they would
>not be concerned about its constitutionality. My favorite blogger points
>out in the last item below that, if Republicans regain power in
>Washington, privatization of social security is coming, which would also
>require mandatory contributions from individuals but not to the government
>- the Supremes won't be bothered.
>
>Nor are the judges necessarily influenced by the interests of big capital.
>The healthcare industry is broadly in support of the new law because it
>rationalizes some of the chaotic aspects of the industry. But defeating
>Obama is apparently more important.
>
>http://www.nytimes.com/2012/03/30/opinion/krugman-broccoli-and-bad-faith.html
>http://www.nytimes.com/2012/04/01/opinion/sunday/the-roberts-court-defines-itself.html
>from Paul Krugman and nytimes editors,
>
>http://articles.chicagotribune.com/2011-04-17/news/ct-oped-0417-chapman-20110417_1_individual-mandate-obamacare-health-insurance
>http://www.washingtonpost.com/blogs/plum-line/post/how-did-obamacares-backers-get-it-so-wrong/2012/03/29/gIQArH5wiS_blog.html
>two with the views of Reagan Solicitor General Charles Fried, and
>
>http://nomoremister.blogspot.com/2012/03/chuck-todd-both-sides-do-it-warch-how.html
>http://nomoremister.blogspot.com/2012/03/no-supreme-court-rejection-of-mandate.html
>http://nomoremister.blogspot.com/2012/03/prediction-supremes-wont-strike-down.html
>http://nomoremister.blogspot.com/2012/03/so-are-they-all-all-honorable-men-in.html
>http://nomoremister.blogspot.com/2012/03/ezra-dont-assume-that-arc-of-health.html
>http://nomoremister.blogspot.com/2012/03/remind-me-again-how-has-being-hated.html
>http://nomoremister.blogspot.com/2012/03/i-am-shocked-shocked-hypocrisy-is-going.html
>by my favorite blogger, who repeatedly makes the point that assorted left
>fantasies of a single-payer plan or a variation on the mandate will
>neither pass Congress nor meet with any more approval from the right wing
>on the Supreme Court, contain the material below.
>
>Sekhar
>
> NY Times March 30, 2012
>
> Broccoli and Bad Faith
>
> By PAUL KRUGMAN
>
>Nobody knows what the Supreme Court will decide with regard to the
>Affordable Care Act. But, after this week´s hearings, it seems quite
>possible that the court will strike down the "mandate" - the requirement
>that individuals purchase health insurance - and maybe the whole law.
>Removing the mandate would make the law much less workable, while striking
>down the whole thing would mean denying health coverage to 30 million or
>more Americans.
>
>Given the stakes, one might have expected all the court´s members to be
>very careful in speaking about both health care realities and legal
>precedents. In reality, however, the second day of hearings suggested that
>the justices most hostile to the law don´t understand, or choose not to
>understand, how insurance works. And the third day was, in a way, even
>worse, as antireform justices appeared to embrace any argument, no matter
>how flimsy, that they could use to kill reform.
>
>Let´s start with the already famous exchange in which Justice Antonin
>Scalia compared the purchase of health insurance to the purchase of
>broccoli, with the implication that if the government can compel you to do
>the former, it can also compel you to do the latter. That comparison
>horrified health care experts all across America because health insurance
>is nothing like broccoli.
>
>Why? When people choose not to buy broccoli, they don´t make broccoli
>unavailable to those who want it. But when people don´t buy health
>insurance until they get sick - which is what happens in the absence of a
>mandate - the resulting worsening of the risk pool makes insurance more
>expensive, and often unaffordable, for those who remain. As a result,
>unregulated health insurance basically doesn´t work, and never has.
>
>There are at least two ways to address this reality - which is, by the
>way, very much an issue involving interstate commerce, and hence a valid
>federal concern. One is to tax everyone - healthy and sick alike - and use
>the money raised to provide health coverage. That´s what Medicare and
>Medicaid do. The other is to require that everyone buy insurance, while
>aiding those for whom this is a financial hardship.
>
>Are these fundamentally different approaches? Is requiring that people pay
>a tax that finances health coverage O.K., while requiring that they
>purchase insurance is unconstitutional? It´s hard to see why - and it´s
>not just those of us without legal training who find the distinction
>strange. Here´s what Charles Fried - who was Ronald Reagan´s solicitor
>general - said in a recent interview with The Washington Post: "I´ve never
>understood why regulating by making people go buy something is somehow
>more intrusive than regulating by making them pay taxes and then giving it
>to them."
>
>Indeed, conservatives used to like the idea of required purchases as an
>alternative to taxes, which is why the idea for the mandate originally
>came not from liberals but from the ultra-conservative Heritage
>Foundation. (By the way, another pet conservative project - private
>accounts to replace Social Security - relies on, yes, mandatory
>contributions from individuals.)
>
>So has there been a real change in legal thinking here? Mr. Fried thinks
>that it´s just politics - and other discussions in the hearings strongly
>support that perception.
>
>I was struck, in particular, by the argument over whether requiring that
>state governments participate in an expansion of Medicaid - an expansion,
>by the way, for which they would foot only a small fraction of the bill -
>constituted unacceptable "coercion." One would have thought that this
>claim was self-evidently absurd. After all, states are free to opt out of
>Medicaid if they choose; Medicaid´s "coercive" power comes only from the
>fact that the federal government provides aid to states that are willing
>to follow the program´s guidelines. If you offer to give me a lot of
>money, but only if I perform certain tasks, is that servitude?
>
>Yet several of the conservative justices seemed to defend the proposition
>that a federally funded expansion of a program in which states choose to
>participate because they receive federal aid represents an abuse of power,
>merely because states have become dependent on that aid. Justice Sonia
>Sotomayor seemed boggled by this claim: "We´re going to say to the federal
>government, the bigger the problem, the less your powers are. Because once
>you give that much money, you can´t structure the program the way you
>want." And she was right: It´s a claim that makes no sense - not unless
>your goal is to kill health reform using any argument at hand.
>
>As I said, we don´t know how this will go. But it´s hard not to feel a
>sense of foreboding - and to worry that the nation´s already badly damaged
>faith in the Supreme Court´s ability to stand above politics is about to
>take another severe hit.
>
> NY Times April 1, 2012
>
> Editorial: The Roberts Court Defines Itself
>
>For anyone who still thought legal conservatives are dedicated to judicial
>restraint, the oral arguments before the Supreme Court on the health care
>case should put that idea to rest. There has been no court less restrained
>in signaling its willingness to replace law made by Congress with law made
>by justices.
>
>This should not be surprising. Republican administrations, spurred by
>conservative interest groups since the 1980s, handpicked each of the
>conservative justices to reshape or strike down law that fails to reflect
>conservative political ideology.
>
>When Antonin Scalia and Anthony Kennedy were selected by the Reagan
>administration, the goal was to choose judges who would be eager to undo
>liberal precedents. By the time John Roberts Jr. and Samuel Alito Jr. were
>selected in the second Bush administration, judicial "restraint" was no
>longer an aim among conservatives. They were chosen because their
>professional records showed that they would advance a political ideology
>that limits government and promotes market freedoms, with less regard to
>the general welfare.
>
>There is an enormous distinction to be made between the approaches of the
>Roberts court and the Warren court, which conservatives have long railed
>against for being an activist court. For one thing, Republican-appointed
>justices who led that court, Chief Justice Earl Warren and Justice William
>Brennan Jr., were not selected to effect constitutional change as part of
>their own political agenda.
>
>During an era of major social tumult, when the public´s attitudes about
>racial equality, fairness in the workings of democracy and the dignity of
>the individual proved incompatible with old precedents, those centrists
>led the court to take new positions in carrying out democratic principles.
>Yet they were extremely mindful of the need to maintain the court´s
>legitimacy, and sought unanimity in major rulings. Cooper v. Aaron, the
>1958 landmark case that said states are bound by Supreme Court rulings,
>was unanimous. So was Katzenbach v. McClung, the 1964 case upholding the
>constitutionality of parts of the Civil Rights Act under the commerce
>clause.
>
>The four moderates on the court have a leftish bent, but they see their
>role as stewards of the law, balancing the responsibility to enforce the
>Constitution through judicial review against the duty to show deference to
>the will of the political branches. In that respect, they and the
>conservatives seem to be following entirely different rules.
>
>That difference is playing out in the health care case. Established
>precedents support broad authority for Congress to regulate national
>commerce, and the health care market is unquestionably national in scope.
>Yet to Justice Kennedy the mandate requiring most Americans to obtain
>health insurance represents "a step beyond what our cases have allowed,
>the affirmative duty to act, to go into commerce." To Justice Stephen
>Breyer, it´s clear that "if there are substantial effects on interstate
>commerce, Congress can act."
>
>Likewise, Justice Scalia´s willingness to delve into health care politics
>seems utterly alien to his moderate colleagues. On the question of what
>would happen if the mandate were struck down, Justice Scalia launched into
>a senatorial vote count: "You can´t repeal the rest of the act because
>you´re not going to get 60 votes in the Senate to repeal the rest."
>Justice Breyer, by contrast, said firmly: "I would stay out of politics.
>That´s for Congress; not us."
>
>If the conservatives decide that they can sidestep the Constitution to
>negate Congress´s choices on crucial national policies, the court´s
>legitimacy - and the millions of Americans who don´t have insurance - will
>pay a very heavy price. Chief Justice Roberts has the opportunity to avoid
>this disastrous outcome by forging even a narrow ruling to uphold the
>mandate and the rest of the law. A split court striking down the act will
>be declaring itself virtually unfettered by the law. And if that happens
>along party lines, with five Republican-appointed justices supporting the
>challenge led by 26 Republican governors, the court will mark itself as
>driven by politics.
>
>http://articles.chicagotribune.com/2011-04-17/news/ct-oped-0417-chapman-201
>10417_1_individual-mandate-obamacare-health-insurance
>
> A conservative defense of ObamaCare
>
>A Reaganite scholar expounds on its constitutionality
>
> April 17, 2011
>
> By Steve Chapman
>
>Opponents of President Barack Obama's health care program lost the
>legislative battle, but they have high hopes of stopping it yet. That
>could be accomplished by defeating Obama in 2012 and electing a Republican
>Congress. Or it could be done sooner, without an election, by the U.S.
>Supreme Court.
>
>But one eminent conservative legal scholar says: Dream on. Harvard law
>professor Charles Fried, who was solicitor general under President Ronald
>Reagan, believes the constitutional argument against ObamaCare is so weak
>that even the Roberts court will reject it.
>
>The legal challenges argue that ObamaCare rests on an unconstitutional
>provision: the requirement that every individual either buy health
>insurance or pay a fine. The chief proponent of this theory is Georgetown
>University law professor Randy Barnett, who says the mandate goes beyond
>Congress' power to regulate interstate commerce.
>
>"Never in this nation's history has the commerce power been used to
>require a person who does nothing to engage in economic activity," writes
>Barnett. "Therefore, no decision of the Supreme Court has ever upheld such
>a claim of power."
>
>The argument gained new credence when two different federal judges ruled
>the mandate unconstitutional (though two others disagreed). In January,
>District Judge Roger Vinson concluded, "If Congress can penalize a passive
>individual for failing to engage in commerce, the enumeration of powers in
>the Constitution would have been in vain."
>
>Fried, who made an unexpected endorsement of Obama in 2008, disagrees -
>and says he is the norm among his ideological kindred in the academy. "I
>have not met any scholars who teach constitutional law and are members of
>The Federalist Society who think it's unconstitutional," he told me by
>phone, referring to the libertarian-conservative legal group.
>
>His case is simple: Health insurance is commerce. Congress has the power
>to regulate commerce. Because it has that power, it may also select the
>means to achieve its goals. The individual mandate is a permissible way to
>advance the purpose of expanding access to health care.
>
>His interpretation, says Fried, "goes back to John Marshall," a delegate
>to the Constitutional Convention and the most important chief justice in
>Supreme Court history. It was Marshall who definitively explained
>Congress' right "to make all laws which shall be necessary and proper for
>carrying into execution" its specified powers.
>
>"It must have been the intention of those who gave these powers to insure,
>so far as human prudence could insure, their beneficial execution," he
>wrote in 1819. "This could not be done by confiding the choice of means to
>such narrow limits as not to leave it in the power of Congress to adopt
>any which might be appropriate, and which were conducive to the end."
>
>In this case, the mandate serves a central function. If you compel
>insurance companies to accept all applicants, you create an incentive for
>consumers to go uncovered until they get sick, which would either bankrupt
>insurers or inflate premiums astronomically. Requiring coverage solves
>that problem by maximizing the size of the insurance pool.
>
>It also eliminates the burden of "free" care that hospitals must provide
>to "emergency" patients who lack insurance. If taxpayers may be forced to
>pay for such treatment, the thinking goes, those patients may be forced to
>get coverage.
>
>Fried is not persuaded by the argument that, though the government may
>regulate activity, regulating inactivity - the failure to buy medical
>insurance - is an unprecedented violation of personal liberty. Mere
>novelty, he says, is not disqualifying.
>
>Nor do the Constitution's guarantees of personal liberty necessarily
>protect an individual's right not to do something. In 1905, the U.S.
>Supreme Court unanimously ruled that the state of Massachusetts could fine
>anyone who refused to get a smallpox vaccination - a far more intrusive
>and intimate command than buying insurance.
>
>Besides regarding the mandate as constitutional, Fried sees no defensible
>way that most of the conservative justices could rule otherwise. Only
>Clarence Thomas, he says, has written opinions that can support such a
>narrow interpretation of the commerce clause.
>
>It may seem like an amazing twist that the same law professor who argues
>so prominently against the constitutionality of the mandate, Barnett, is a
>former student of Fried's at Harvard Law. The Cambridge professor thinks
>there is no real irony. "I taught Randy Barnett torts," Fried says.
>
>Constitutional law? That he learned somewhere else.
>
>Steve Chapman is a member of the Tribune's editorial board and blogs at
>chicagotribune.com/chapman
>
>schapman@tribune.com
>
>http://www.washingtonpost.com/blogs/plum-line/post/how-did-obamacares-backe
>rs-get-it-so-wrong/2012/03/29/gIQArH5wiS_blog.html
>
> Posted at 11:10 AM ET, 03/29/2012
>
> How did legal observers and Obamacare backers
> get it so wrong?
>
> By Greg Sargent
>
>I didn´t mention this yesterday, but in his interview with me about the
>limiting principle, former Reagan Solicitor General Charles Fried was
>scaldingly critical of the willingness of the conservative bloc of Supreme
>Court justices to traffic in some of the most well-worn Tea Party tropes
>about Obamacare.
>
>"I was appalled to see that at least a couple of them were repeating the
>most tendentious of the Tea Party type arguments," Fried said. "I even
>heard about broccoli. The whole broccoli argument is beneath contempt. To
>hear it come from the bench was depressing."
>
>Which raises a question: How did so many commentators predicting this
>would be a slam dunk for the Obama administration get it so wrong?
>
>Many people have blamed Obama Solicitor General Donald Verrilli´s poor
>defense of the law for the sudden jeopardy Obamacare finds itself in, and
>there´s no denying he was unprepared to answer questions that we´ve known
>for months would be central to the case.
>
>But there´s another explanation for the botched prediction: Simply put,
>legal observers of all stripes, and Obamacare´s proponents, including
>those in the administration, badly misjudged, and were too overconfident
>about, the tone, attitude and approach that the court´s conservative bloc,
>particularly Justice Scalia, would take towards the administration´s
>arguments.
>
>Keep in mind: Many observers, Obama officials included, spent weeks
>treating Scalia like a potential swing vote on the case. Lawyers defending
>the law wrote some of their briefs and opinions with an eye towards
>persuading Scalia. They consciously invoked Scalia´s own words from a 2005
>opinion affirming Congress´s power to control local medical marijuana in
>hopes it signaled he might be open to the administration´s defense of the
>individual mandate.
>
>This now looks like a terrible misjudgment. During oral arguments this
>week, Scalia invoked the broccoli argument to question the goverment´s
>case. He mocked the government´s position with a reference to the
>"cornhusker kickback," even though that´s not in the law. As Fried notes,
>this language is straight out of the Tea Party guerrilla manual that was
>written during the battle to prevent Obamacare from becoming law in the
>first place.
>
>All of which is to say that the law's proponents were badly caught off
>guard by the depth of the conservative bloc´s apparent hostility towards
>the law and its willingness to embrace the hard right´s arguments against
>its constitutionality. They didn´t anticipate that this could shape up as
>an ideological death struggle over the heart and soul of the Obama
>presidency, which, as E.J. Dionne notes today, is exactly what it has
>become.
>
>http://nomoremister.blogspot.com/2012/03/chuck-todd-both-sides-do-it-warch-
>how.html
>
> Steve M. Wednesday, March 28, 2012
>
> CHUCK TODD: BOTH SIDES DO IT!
>
>Warch how Chuck Todd and his First Read crew at NBC News distribute blame
>for Supreme Court partisanship (emphasis added):
>
>> Yesterday's oral arguments at the Supreme Court raised the
>> distinct possibility that the individual mandate -- and
>> perhaps the entire health-care law -- could be decided by
>> another controversial 5-4 decision. Such an outcome,
>> especially after other 5-4 decisions like Bush vs. Gore and
>> Citizens United, would have two potential consequences. One,
>> it would feed the perception that the U.S. Supreme Court is
>> as partisan as Congress and increasing parts of the media;
>> in other words, these nine justices (either trained at
>> liberal law schools or members of the conservative
>> Federalist Society) are essentially political actors wearing
>> black robes....
>
>Oh, I see -- despite the fact that this is a Court on which nothing
>significant and left-leaning can possibly survive by more than a 5-4 vote,
>any non-right-leaning vote inevitably appears to be the result of a
>liberal plot. Never mind the fact that the conventional wisdom before
>yesterday was that the law was obviously constitutional, based on
>precedent that people on the right as well as the left had acknowledged.
>Never mind the fact that Reagan solicitor general Charles Fried and
>veteran Republican hack Laurence Silberman have endorsed the health care
>law, Silberman from the bench -- a vote to uphold will seem to be an act
>of naked partisanship, according to Todd and his crew, because these
>conspirators were all "trained at liberal law schools." (Love the
>sinister, McCarthyite sound of that word "trained," by the way.)
>
>The groundwork is being laid, incidentally, for the discrediting of any
>decision that emerges from a Supreme Court with an Obama second-term
>appointee who tips the Court's ideological balance. It won't matter that
>we've been living for decades with a Supreme Court that has had most of
>its judges appointed by Republican presidents; if, in a few years, that's
>no longer the case, any close decisions won't really deserve to count, as
>far as people like Todd are concerned.
>
>Oh, and then there's this:
>
>> And two and most importantly, a 5-4 decision would satisfy
>> no one. If the court strikes down the mandate and the
>> health-care law by that narrow margin, liberals and
>> Democrats would blame it on the conservative justices. If
>> the mandate and law are upheld by a 5-4 decision,
>> conservatives would point their fingers at the liberals and
>> the unpredictable "mushy" swing justice, Anthony Kennedy.
>> That's the problem with a split decision: The losers would
>> feel like they lost on a political technicality, not because
>> there was a legal consensus.
>
>You know what? A 5-4 decision the right's way will absolutely satisfy
>right-wingers -- they were pretty well satisfied when their presidential
>candidate lost the popular vote by half a million and won Florida through
>skulduggery, intimidation, voter caging, ballot ineptitude, and,
>ultimately, a partisan Supreme Court decision, so why would they be
>dissatisfied with this? And, really, I can't blame them -- I'd take a 5-4
>call Obama's way. I'm envious of the right, however -- the right's media
>will proclaim that a 5-4 ruling is a historic victory over tyranny, while,
>if there's a 5-4 ruling our way, the "liberal media" will respond with the
>likes of ... this.
>
>http://nomoremister.blogspot.com/2012/03/no-supreme-court-rejection-of-mand
>ate.html
>
> Steve M. Wednesday, March 28, 2012
>
> NO, A SUPREME COURT REJECTION OF
> THE MANDATE WON'T LEAD TO SINGLE PAYER
>
>A lot of liberals -- see, for instance, Josh Marshall -- think the
>appropriate response to a Supreme Court rejection of the individual
>mandate would be for progressives to pursue single-payer health care.
>Jonathan Bernstein and Jamelle Bouie think that's silly, because, in their
>view, if this Court can find a heretofore unexpected rationale for
>invalidating the Obama health care law, the Court will find a way to
>invalidate single payer as well.
>
>But I don't think we're ever going to find out whether that's true, at
>least not for decades. Why? This is why:
>
>> In U.S., Fear of Big Government at Near-Record Level
>>
>> Americans' concerns about the threat of big government
>> continue to dwarf those about big business and big labor,
>> and by an even larger margin now than in March 2009. The 64%
>> of Americans who say big government will be the biggest
>> threat to the country is just one percentage point shy of
>> the record high, while the 26% who say big business is down
>> from the 32% recorded during the recession....
>
>Notice the trend. We always fear "big government" the most.
>
>We're Americans. We love the government programs we've grown accustomed to
>-- Social Security, Medicare, Medicaid, unemployment insurance, and so on
>-- but we hate government. And we have no idea that that makes no sense.
>
>The corpocracy and the right-wiong noise machine are hell-bent on keeping
>us this way (and would love to get us to reject even the government
>programs we like). Meanwhile, Democratic politicians won't make an
>affirmative case for government, and often don't work very hard
>(especially at the state and local level) to make sure government programs
>work well.
>
>And I wouldn't count on future support for large government programs like
>single payer, either. Think about it: Who's the one politician now
>generating excitement among Americans under thirty? Ron Paul.
>
>We have to make average Americans believe government is the solution in
>this case, and we have to fight vested interests to the death. In theory,
>it could be done. In practice, I don't believe it's possible anytime soon.
>If you disagree, start working on changing ordinary Americans' minds about
>government now. It's the necessary first step.
>
>http://nomoremister.blogspot.com/2012/03/prediction-supremes-wont-strike-do
>wn.html
>
> Steve M. Thursday, March 29, 2012
>
> PREDICTION: THE SUPREMES WON'T STRIKE DOWN
> THE WHOLE HEALTH CARE LAW BECAUSE
> THE RIGHT'S PLUTOCRAT OVERLORDS DON'T WANT THEM TO
>
>I'm reading the New York Times article about the likely political fallout
>from the Supreme Court's health care decision, and, well, this doesn't
>make any sense to me:
>
>> If the Supreme Court strikes down the health care law,
>> Republicans hope to make it a prominent element of their
>> effort to deny him a second term.
>>
>> "It would be a tremendous validation," Gov. Bob McDonnell of
>> Virginia, a Republican, said in an interview. "A victory in
>> court would say that a trend toward big government solutions
>> out of Washington has a limit and the biggest accomplishment
>> of the Obama administration is unconstitutional."
>
>Really? I think that would take the issue completely off the table for the
>GOP as a base motivator -- which would be tremendously harmful to the
>chances of Mitt Romney and all the down-ballot Republicans. They party has
>got base voters worked up to the point that they're not only furious about
>the health care law, they're convinced that it's the heart and soul of
>everything that's evil about the Obama administration. If crazy-base
>voters see total victory in the Supreme Court, aren't they going to let
>their guard down a bit? Won't they be less motivated to vote GOP, thus
>risking not only an Obama reelection but gains for Democrats in the Senate
>and House?
>
>Of course, I don't think the GOP's overlords need to worry about that,
>because three days of oral arguments seem to have teed this up about as
>well as possible for the GOP -- my hunch is that there'll be the obvious
>four votes to overturn the whole law, plus a fifth (Kennedy) to get rid of
>the individual mandate but leave part of the law standing. And I think
>that's what we'll get: the law left gutted and bleeding, accompanied by
>the clear message -- in the heat of a presidential campaign -- that the
>movement-conservative bloc on the Court could have overturned the law if
>it'd had ONE MORE VOTE WINK WINK WINK....
>
>Now, needless to say, Romney is a less-than-ideal guy to take this handoff
>from the Supremes. I don't think this will be enough to get him elected,
>because people don't like him. But if you're a Koch brother, and Romney is
>looking as if he'll have negative coattails as it is, do you really want
>to depress turnout even more?
>
>I could be reading this wrong -- maybe the overlords want total victory
>whenever it appears to be within their grasp, regardless of the long-term
>consequences. But I think they may recognize that a gutted law is as
>effectively dead as an overturned law -- except it's undead, which means
>the Obama administration and congressional Democrats will hope to salvage
>what they can from it.
>
>And the effort to do that will keep the wingnut voter base angry
>indefinitely, which would make this a base motivator for years to come.
>Health care reform could be like abortion or gun control: the right gets
>more out of not achieving total victory than it would out of winning
>altogether. There's always a new way to restrict abortion or broaden
>access to guns. The enemy always needs to be defeated. So I think the
>Supremes will just completely neuter the law, after which GOP pols will
>declare that it's still an existential threat to freedom!
>
>http://nomoremister.blogspot.com/2012/03/so-are-they-all-all-honorable-men-
>in.html
>
> Steve M. Thursday, March 29, 2012
>
> SO ARE THEY ALL, ALL HONORABLE MEN
>
>In response to Greg Sargent's post "How Did Legal Observers and Obamacare
>Backers Get It So Wrong?," Digby writes:
>
>> ...my current belief is that the administration's overriding
>> problem is exactly what it seems to be --- they constantly
>> overestimate their own abilities and underestimate the
>> opposition's.
>>
>> ... it's about believing your own hype instead of believing
>> your eyes.
>
>That's not it. The main problem is that everyone in the Beltway believes
>that extremism of the kind practiced on the Supreme Court this week, or as
>practiced on the streets by teabaggers in the first two years of the Obama
>presidency and in the House ever since, is a marginal phenomenon -- our
>friends and acquaintances can't possibly be that extremist. No matter how
>much wingnuttery we get from important actors at the heart of the
>Republican Party and the GOP establishment, it's always believed that
>reason will prevail and that extremism will be pushed to the fringes. Even
>now, people believe that the 2012 elections will "settle" our current
>conflicts one way or another.
>
>They'll "settle" those conflicts only if Republicans win everything,
>because in that case they're just going to burn everything down. If
>Democrats retain the White House and emerge with control of one or both
>houses of Congress, the Republicans will just keep opening cans of
>gasoline and lighting matches, while Democrats struggle to put out the
>flames. Dems will probably keep the place from burning down, but only
>barely. Even then, nothing will be allowed to be improved.
>
>And yet Beltway insiders will still say that the insanity is coming just
>from a few crazies at the fringe. They'll change their story and tell us
>that everything will surely settle down after 2014 or 2016. That won't be
>true either, unless Republicans sideline the Democrats and light the
>bonfires.
>
>http://nomoremister.blogspot.com/2012/03/ezra-dont-assume-that-arc-of-healt
>h.html
>
> Steve M. Friday, March 30, 2012
>
> EZRA, DON'T ASSUME THAT THE ARC OF THE
> HEALTH CARE UNIVERSE BENDS TOWARD JUSTICE
>
>Ezra Klein is one of those Beltway insiders who think that if the Supreme
>Court overturns the Obama health care law, single payer could well be what
>replaces it. That prospect doesn't fill him with joy, because he thinks it
>will happen slowly if it does happen, and a lot of people will remain
>uninsured before we get to the Promised Land. But he thinks it's quite
>reasonable to expect that we'll get to the Promised Land someday:
>
>> If the individual mandate is overturned, it will essentially
>> wipe out the only plausible path to a sustainable private
>> health-care system and single payer will be the eventual
>> result. So: Yippee?
>>
>> Not in my view. I think that path would look something like
>> this: With health-care reform either repealed or overturned,
>> both Democrats and Republicans shy away from proposing any
>> big changes to the health-care system for the next decade or
>> so. But with continued increases in the cost of health
>> insurance and a steady erosion in employer-based coverage,
>> Democrats begin dipping their toes in the water with a
>> strategy based around incremental expansions of Medicare,
>> Medicaid, and the Children's Health Insurance Program. They
>> move these policies through budget reconciliation, where
>> they can be passed with 51 votes in the Senate, and, over
>> time, this leads to more and more Americans being covered
>> through public insurance. Eventually, we end up with
>> something close to a single-payer system, as a majority of
>> Americans -- and particularly a majority of Americans who
>> have significant health risks -- are covered by the
>> government.
>
>He loses me early. Why does he assume that Republicans will "shy away from
>proposing any big changes to the health-care system for the next decade or
>so"? When have Republicans shied away from seizing any issue and trying to
>drive the public's sense of what's "reasonable" on that issue as far to
>the right as possible?
>
>And I guess Ezra's not defining the right's health care wish list -- which
>is focused primary on "tort reform" and buying insurance across state
>lines, as well as turning Medicare into a Ryan-esque nightmare -- as a set
>of "big changes." I think these changes would be huge. (Read Steve Benen,
>in particular, on why the purchase-across-state-lines provision would be
>awful.) And I think Republicans will eagerly try to sell this package --
>or possibly just ram it down our throats -- as soon as they seize the
>White House and both houses of Congress.
>
>If they don't get control of the government for a while, they'll just keep
>telling us about the wonderfulness of their "reforms" and assure us that
>they add up to FREEDOM!!!1! They'll also say that our proposals -- yes,
>even the small, incremental ones Ezra talks about -- add up to
>full-throttle socialism and fascism and dictatorship and tyranny.
>
>If Obamacare is overturned and Democrats manage to poke their heads out of
>their mole hole in a few years and take baby steps toward expanding
>Medicare or S-CHIP, Republicans will declare even that to be a "government
>takeover" of health care -- and if Democrats respond with their usual
>wonktastic, bloodless talking points, Republicans will win the day again.
>OK, maybe Democrats will learn how to message the next time around, but
>their learning curve has been slow to nonexistent over the past few
>decades, so I'm not holding my breath.
>
>You'll say I'm forgetting one thing -- public anger. Won't the public
>demand a solution?
>
>Well, I'm 53 years old, and the last time I remember Heartland America
>sustaining a sense of outrage on an economic issue until progressive
>change happened was ... um, frankly, I can't remember that ever happening
>in my lifetime.
>
>Heartland Americans have lost so much in the past few decades -- unions,
>defined-benefit pensions, good salaries -- and they've never fought back.
>The only fight they've mounted is against progressivism. The right has
>them permanently angry at us.
>
>Don't like the gloom in this post? Then go out and find a way to get
>heartlanders angry at the right people for a change. Then maybe the arc of
>health care will bend toward justice.
>
>http://nomoremister.blogspot.com/2012/03/remind-me-again-how-has-being-hate
>d.html
>
> Steve M. Friday, March 30, 2012
>
> REMIND ME AGAIN: HOW HAS BEING HATED
> HURT ALL THOSE OTHER POWERFUL INSTITUTIONS?
>
>I'm really getting tired of this lament:
>
>> Before this week, the well-being of tens of millions of
>> Americans was at stake in the lawsuits challenging the
>> Affordable Care Act.
>>
>> Now something else is at stake, too: The legitimacy of the
>> Supreme Court....
>>
>> Virtually everybody agrees that a vote to strike down the
>> Affordable Care Act would be five to four -- a bare
>> majority. And it would be a bare partisan majority, with the
>> five Republican appointees overruling the four Democratic
>> appointees. The decision would appear nakedly partisan and
>> utterly devoid of principle. Appearances would not be
>> deceiving....
>
>The words are Jonathan Cohn's, and they appear under the heading "If the
>Supreme Court Strikes Down the Affordable Care Act, the Conservative
>Justices Will Do Lasting Damage to the Institution's Legitimacy."
>
>Which would matter a lot, I suppose, if we lived in a society where the
>key players in hated institutions actually suffered as a result of the
>hate. But we don't.
>
>Try to think of a despised American institution. Did I hear you say
>"Congress"? Excellent choice: according to the Real Clear Politics
>averages, Congress's job approval rating is 12.4% and its disapproval
>rating is 80.8%. It wasn't much better around Election Day in 2010 --
>fewer than 20% of Americans approved of Congress's job performance.
>
>So how did that translate at the polls? Well, 85% of House members and 84%
>of Senate members were reelected in 2010. That's down from previous years,
>but it's still sky-high.
>
>Gallup's "Confidence in Institutions" survey shows dreadful numbers for
>banks, and for big business in general. Notice those guys suffering? The
>Wall Streeters whine as if they're suffering, but mostly what they say
>when they whine is, in effect, "We want all the money and respect!"
>
>That's pretty much what we may hear from the Supremes, or at least from
>the chief justice. Cohn mentions John Roberts's "frequently professed
>concern for the court's respectability." But he seems to be oblivious to
>the fact that he's lost that already. (As I've noted before, a recent
>Bloomberg poll showed that 75% of Americans expect the Court to issue a
>health care ruling based on political concerns.) The actual rulings show
>no signs of circumspection -- Roberts apparently wants your respect in
>spite of those rulings.
>
>Until we Americans start actually finding ways to hurt powerful people we
>despise, it's going to continue to be good to be the hated king.
>
>http://nomoremister.blogspot.com/2012/03/i-am-shocked-shocked-hypocrisy-is-
>going.html
>
> Steve M. Friday, March 30, 2012
>
> I AM SHOCKED -- SHOCKED! HYPOCRISY IS GOING ON HERE!
>
>Let me add something to a point Paul Krugman makes today about the
>individual mandate, which we learned to our surprise this week was the
>most unconstitutional thing ever:
>
>> Indeed, conservatives used to like the idea of required
>> purchases as an alternative to taxes, which is why the idea
>> for the mandate originally came not from liberals but from
>> the ultra-conservative Heritage Foundation. (By the way,
>> another pet conservative project -- private accounts to
>> replace Social Security -- relies on, yes, mandatory
>> contributions from individuals.)
>
>Please, insider pundits, pols, and legal observers, do me a favor:
>
>When the Federalist Society types on the Supreme Court are addressing the
>question of the constitutionality of forcing people to purchase private
>Social Security accounts, sometime after that's enacted into law in the
>Romney or Christie or Rubio administration, and they do a 180, overturn
>the precedent they're establishing right now, and decide that, yes, it is
>constitutional in this case ... please, try not to be shocked again.
>
>_______________________________________________
>Foil-l mailing list
>Foil-l@insaf.net
>http://insaf.net/mailman/listinfo/foil-l_insaf.net



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