Like some others, my initial reaction to the 5-4 decision upholding the Affordable Care Act was about the slender thread by which even a semblance of democracy now hangs — the radical-right dissenters (now including former “centrist” Anthony Kennedy) made clear that they would act based solely on politics to overturn the entire law, and probably would have sought to invalidate Barack Obama’s election in 2008 and maybe a Super Bowl result or two if they could have found a decent excuse. Even if Chief Justice John Roberts blinked this time at the prospect of announcing a de facto judicial coup, as Kevin Drum and others have noted, we can’t expect to be so lucky in the future.
That bleak note aside, I was intrigued by the political assertiveness some observers saw in President Obama’s post-decision statement from the White House, a humanely grounded defense of the ACA that David Dayen here headlined “Obama Creates Teachable Moment” and the legendary Charles Pierce described as “The Progressive President Speaks Out“, saying:
The popular opinion among the pundits is that the president should now walk softly on this issue, or that the issue will fade as the campaign rolls on. I think that would be as big a mistake as his pulling back in the face of the manufactured outrage of 2010 was. The president should talk about this every day.
I expect Obama will continue to make the healthcare bill an issue on the campaign trail — because, contrary to Jon Walker, I think further debate on this plays out well for him. On the one hand, he can promote awareness of the bill’s benefits, which are more tangible now (or at least closer to becoming real) than they were in 2010. On the other, as he did yesterday morning, Obama can position himself as a determined fighter for ordinary people even when the political tides are against him. (Even if it seems implausible to progressives who’ve seen him abandon that fight too often, it’s probably a better tactic than talking about the economy, right?)
But more than anything else, I’m struck by what might have inspired this populist pugnacity in the president… was it because he shared the common perception that the law would be struck down? Did he face the possibility that he’d have to justify to the public why he’d spent so much time and energy on the ACA, not to mention find a rallying cry after being legislatively emasculated by the Supreme Court? Was it, once again, an example of Obama discovering that progressivism is his best political option, only after exhausting every other alternative?
If so, I hope the lesson sticks a bit better this time, and that he spends the rest of 2012 — and his second term, if he gets one — acting like he lost at the Supreme Court on Thursday.




58 Comments





Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
Swopa!
Got to agree with all of that. We now have 4.5 radical activist justices on the court who would recklessly overturn decades (or even centuries) of precedent to score cheap political victories and advance a far right political agenda. It is a daunting prospect since no one seems to have the stomach (or backbone) to actually impeach any of them (and Thomas and Scalia are certainly impeachable).
Sorry Swopa. Same old Obama.
1. He always sounds like a populist during campaign season.
2. He’s fighting for a health insurance industry bailout.
3. Roberts ruled in favor because he’s from the monied conservative side of the great Republican divide, not the social side.
4. If he wins another election Obama will go back to trying to be the adult in the room when forging the Grand Bargain that raises taxes on the wealthy slightly (but nothing outrageous like the Clinton rates) while hitting social security, Medicare and Medicade.
Kennedy’s reputation as the “swing, centrist, moderate vote” is pretty much shattered after he’s sided yet again with the radical conservative wing. Kind of like O’Connor’s reputation as a “moderate” was shot to hell when she voted with the conservatives on Bush v Gore.
Simply illustrates the folly of assuming there is any such animal as a “swing, centrist, moderate conservative” in today’s political world.
The ACA completely demolishes the Republican Dogma:
1. The Government can do nothing
2. The private sector has the answer for every problem
3. Cut taxes, it’s the universal Snake Oil (R)(TM)
The ACA contradicts and confronts all three, with an every day in your face counter example for Republican Dogma, in a very obvious manner. The Republicans have got nothing. (Except unlimited money. And Anger.)
The Republicans are angry at their loss. It has nothing to do with ACA. Had the Rs passed the Rs concept, the ACA, they’d be singing its praises everywhere, 7×24 all over the Very Serious People TV (including Fawkes News — Guy Fawkes was a traitor.)
They have lost everything, and now have nothing but anger (and money).
When does the war start? (Bright shiny object).
I haven’t weighed in on the SCOTUS decision yet, so I will now.
I frankly see that there is some bit of a doorstop from the decision, a demarcation if you will.
What that means in terms of progress, I don’t really know, except for to say that the work to achieve Universal care shouldn’t have stopped, and I don’t believe it totally did, but I believe it partially did.
I think that the “partially stopped” part should go straight to the garbage, and the continued press forward should be put forth, pedal to the metal.
I think mere “settling” with the SCOTUS decision is dangerous. That Overton Window, always moving, yanno.
When does the war start?
Well several Republican elected officials have publicly called for armed insurrection as a response to this decision.
Agreed. We have to continue pressing for single payer (and ultimately Canadian style socialized medicine). It will not come easy or quick, but it will never come if we do not push constantly and hard. We have plenty of examples of this working over time.
“None dare call it treason…”
It would be partisan and uncivil.
As I stated in a diary, Justice Roberts did far more damage by upholding the law than he would have done by merely rejecting it on Commerce Clause grounds. In its upholding of the law, the Court established three horrible precedents:
1) The “broccoli” argument that a statute which penalizes inactivity violates the Commerce Clause (hence the ACA did not pass muster under this Clause). Think of the implications of this precedent, from environmental remediation to child nutrition!
2) The states can reject an unanticipated expansion of an existing program, hence they have the right to turn down Medicaid funds under the ACA. This precedent has very broad application, as most federal programs are actually joint federal-state ventures.
3) The tax for non-purchase of health insurance coverage under the ACA is not a penalty (even though it manifestly is). Hence individuals can be forced to purchase the product of a private company under penalty of law. Not only are corporations the equal of flesh and blood humans (as Citizens United established) but coporations are now our superiors.
The subtlety of Roberts’ exposition, which expands the decision into much something much greater than it appears of first glance, is reminiscent of Justice John Marshall in Marbury v. Madison, which established the principle of judicial review through a dazzling tour de force of legal reasoning (though Robert’s turgid prose compares most unfavorably to Marshall’s clear writing). Adding to Roberts’ judicial subtlety is the political context: liberals have generally cheered the decision, ignoring its long-term consequences, because if achieved a substantive result they desired–upholding the ACA. But unlike Justice Marshall, Roberts uses his obviously vast judicial talents to destructive ends, working to undo the Constitutional framework that Marshall helped put into place..
Judging by the Republicans’ reaction, it is a BFD for them. They’re whistling in the dark, now, but this is big trouble for them.
Willard managed to form a response in less than several days. Obviously they had some contingency plans.
Republicans wanted to run against Obama and only talk about the economy. Now it looks like they will be talking about ACA. But Willard is Mr. Mandate, and the only way he had to run against it was the Constitutionality of doing it nationally rather than at the state level, and now that’s moot. Willard can’t successfully run against ACA.
The only way that basing the campaign makes sense is if the have WRITTEN OFF THE PRESIDENTIAL RACE. Now they are going to try to hold the House with a replay of the summer of 2009 with town halls and whatnot. Gin up the crazies all over again with the same issues.
There was that guy in Chicago that wanted to run ads about Rev. Wright.
They don’t have anything new to say. They think if they say the same stuff over again with all the ads that a couple of billion dollars can buy it will change enough minds.
It won’t. They’ve said it all before. Everybody in the country has made up their minds about Obama, and they won’t change any.
The ONLY thing Willard can say is “Vote for me, I’m the not-Obama”. But he isn’t, he is one of three.
Here in Colorado we’ll have both Johnson and Goode on the ballot as well. The Constitution party got major party status in the last election, so they will be listed at the top of the ballot along with the Ds and Rs.
What little polling has included Johnson shows him pulling 7% or so. That’s before the Paulbots walk out of the convention this summer.
I expect Johnson + Goode to pull 10% in Colorado. Romney may be lucky to break 35%.
This court ruling finished the Presidential election. Independents will be appalled with another round of crazy town halls – this may sew up the Senate and House races as well.
“Progressivism” isn’t much of a doctrine for a world that isn’t progressing toward much besides chaos. So Obama hasn’t “discovered progressivism.” Rather, Obama appeals to self-described “progressives” because he uses their symbolic window-dressing so well they think he’s one of them. Obama is a corporatist, and the ACA is a strategy for the preservation of corporate profits.
Time for me to toddle off. Farmer’s market is tomorrow and I want to get there early to get the good stuff. Take care all.
When in trouble at home go adventuring abroad.
And?? So what. Seriously, let’s put that into the question form: “So? What?”
In my view of the world, issues are always paramount, and players, ephemeral. These issues persist if Obama was never even born.
So getting over the hump, politically to make something happen is the real issue, and I just think it’s easier to think of solutions without considering the actors first, to develop a framework, and THEN putting the actors back in for treatment, politically.
I just don’t see that happening regularly and I just wish I saw that more often. It’s a complex world and simpleton solutions and knee-jerk fiery statements just won’t work.
I guess I should be used to this by now.
Just another front-pager for Obama
Seriously , FDL?
Seriously? Read the comments. Or is that too much of a challenge for you?
I refer to the post, or maybe that escaped you?
“If so, I hope the lesson sticks a bit better this time, and that he spends the rest of 2012 — and his second term, ..”
Just sick and fucking tired of the hopey changey bullshit.
I’m guessing you’re not. Or is that too much of a challenge for you? I wan’ aware that I was attacking you with that complaint.
Maybe a little too sensitive? A little too close to home for you? I see a lot of grousing about R’s, but not about Obama.
I for one will not devote any time to either of the r’s or d’s running for prez.
Knock yourself out with Obama
This is an interesting comment. Amy Goodman had some slants as well today. The impacts of the4 decision are not clear from the language. Still the same corporate interest won again but more citizen losers.
Very well said.
When I read that much complaining about Republicans, I see subtext that says you still believe that Democrats are now any different. There hasn’t been a real D in DC in years.
Obama a “progressive”?? You’re kidding, right? Is this FDL or Huffington Post?
This decision is one of the most honest expressions of American fascism in my time. Most citizens can expect to suffer from it.
Thank you
That’s about it. But you stated #3 in far too polite a way. It is more ominous than superiority.
Obama gets a second term. Obviously. See what he, Bacus and Roberts delivered.
Ding!
I personally see the whole medical community being swamped very soon.
These clowns in Washington estimate 40 million uninsured. I think that’s lowball.
Just like the unemployment numbers, and the illegal alien numbers, and the number of dead Iraqis.
The prospect of fining people who can’t afford something is grotesque. It reminds me of a sign I saw at the DMV Parking Ticket Court in Manhattan, many years ago. It said “Not having the money is no excuse” in big, block letters. Upon reading this, I immediately thought:”But, that’s the ONLY excuse”.
Just thought I’d share that.
Steve Rosenfeld at Alternet agrees:
The article is very much worth reading, especially for those in a celebratory mood.
Hey Swopa, let’s just cut to the chase.
We the people are fucked, only we don’t know how, yet.
N the SCOTUS just spread the next bet for corporations so they could profit on our backs, coming after Citizens v United.
Now it’s legal to fine and book and tax us masses, if we don’t buy something we can’t afford, and which will bankrupt most of us if we get sick and use the coverage.
This is bullshit, we need care, not coverage.
Single payer, please.
N the rest of them fucks, can go stick it up their, well, with a red hot poker, coach.
Dear Dawg, please eliminate the insurance companies, nationalize health CARE, and can we PLEASE catch up to the rest of Western Civ Nations with single payer verions?
Harumph.
Dude, when will you admit, the corporate fascists own it all.
N then, when will you offer a solution?
No, yer right, I got nuttin either . . .
Keep corruptin minds, perhaps what YOU do, is more than any of us can do in our daily lives or in the streets.
I don’t know anymore, it seems a lost cause waiting for empire to collapse.
Maybe I should practice dobro and mando more . . .
The political establishment in this country is corrupt to the bone. Everything they say is a cloak for their own self interests. Their most noble of ideas are nothing more than disguised “ripoffs” of the common man. Politicians are owned by the banks and corporations. This was evident as soon as Obama got in office.
For once, and perhaps the only time, the conservative supreme court justices were absolutely correct. The entire Obamacare bill is unconstitutional. We should have gotten Medicare for all. Instead, we get a Frankenstein/Orwellian bill that imposes an exorbitant tax on the middle classes and poor.
Lakota got it right.
I don’t think O’s continuing to rattle ACA would be to his benefit for Nov. The Administration wasn’t successful before in getting a critical mass of popular support, and there’s no reason to expect he would do so now. That became very apparent in the 2010 election. What support there is has been oriented around non-ACA-critical features like under 26, which don’t need the ACA package to be instituted.
I had guessed, toward the end, that SCOTUS was getting ready to punt to the next session since they seemed to be delaying to the bitter end. SCOTUS was more clever than that, by punting AND swepping it out their door permanently.
Time will tell if this is more to O’s benefit or an albatross.
We’ll have to enjoy single payer in our dreams, I’m afraid. A lot of ACA boosters honestly believe that’s achievable through ACA. They don’t account for the leverage and persistence the insurance industry will have to resist becoming obsolete, or withering away,and supplanted by single payer. Ain’t going to happen now.
“Populist pugnacity”…
I giggle.
He’s celebrating the further empowering and enrichment of Wellpoint, Humana, Blue-Cross/Blue-Shield, etc…
Which was probably the bottom line for Roberts’ “surprise” vote.
Let’s don’t stop here, with praising him. Just think:
dumping the public option he promised…
killling the Dorgan amendment…
Sustaining the HMO’s anti-trust exemption…
and that’s just the healthcare “reform”…as he drones along…
By God, “pugnacity” like that is enough to bring tears to the eyes of any we-suck-less progressive.
It’s a free country, more-or-less…anyone who wants to dance naked while they call this sellout his jewel-in-the-crown, can do it.
Likewise, I think I’ll just call it another turd in the progressive punchbowl.
“It seems a lost cause, waiting for empire to collapse…”
Patience, Larue.
Think: “Cry, cry, Darlin’” instead of “Pike County Breakdown”. :o)
Damn, you are hot today. Two great posts. Not only right on but beautiful.
Anybody else notice that almost overnight the repubs have stopped using “OBAMACARE” and are now using “THE AFFORDABLE CARE ACT”? It’s uncanny. It’s creepy. Why, do you suppose? I think it’s so that when the real benefits of the Act become obvious, they don’t want to associate Mr Obama with that. I’m now referring to the Act as “OBAMACARE” as a positive term, and hope to see it become a positive term as universally as the repubs made it negative. Also…WHERE ARE THE JOBS?
Not everyone, including some democrats, wants to see Obama chortling about his “big win”:
http://news.yahoo.com/dems-still-skittish-health-care-gop-riled-075218786.html
I’ll be waiting to see how many incumbent democrats bail on showing up at Charlotte to celebrate what a successful
four years they and Obama have had.
Agree.
It never ceases to amaze me how often the duopoly can pull off a well orchestrated kauhki and fool both sides of the partisan divide. SCOTUS would never bring down the Health Industry Bailout Act, but they had to make it look like there was a great deal of angst about it on the right side of the dance just so the politics could be maintained. One day the curtain will open for many good Republicans and Democrats.. . Or maybe not.
Obama/Romeny Care is the conservative healthcare plan from the 1990′s It is exploitive and expensive and it should be trashed.
One of the four so-called “liberals” on the court should have switched their vote at the last minute, without joining the dissent. The court then would have declared Obama/Romney Care unconstitutional, 5-4.
What healthcare options remain in a world without Obama/Romney Care? The failed “free market” system the US currently has and Medicare for All.
Every other advanced country in the world has looked at the healthcare options for their population and determined that socialized healthcare is the most efficient plan.
Also, this would have forced the Republicans to present their healthcare plan to the country – if you get sick, just die quickly.
Plus, it would be fun to watch Obama dance around Medicare for All in the upcoming election.
Agreed. Obama is celebrating passing legislation written by the Insurance, Medical, and Pharmaceutical industries that taxes poor people, further enriches the wealthy, and entrenches a disfunctional and unaffordable health care delivery system. And by the way is a big reason why the middle class are virtual debt slaves and have zero disposable income to sustain the economy.
People, fight back. Break down the propaganda for all the people to see.
Call into radio and tv shows. Tell friends and neighbors.
Let people know that the Democrats don’t want you to know that Obama care is a law to benefit corporates.
And the Republicans don’t want you to know how much they secretly love it.
They will never vote to over turn it. It will just be used as a rabbit held out in front of the panting masses to win elections for a decade.
And never once let a comment go by about government between them and their healthcare without saying that it is the blood sucking health insurance companies who are doing that now. Never.
Albatross it is.
This was Chief Justice Roberts one-upping Obama. (I’ll see your ‘affordable care’ signature legislation and raise you a tax on the uninsured.)
Obama has to run on this; he has no choice. He’d made it his crowning achievement. There’s enough time now for the pros and cons to sink in, and the latter will prevail with a voting populace that is increasingly struggling, increasingly on the empty end of the stick, not the carrot end. Albatross, but why worry? It’s all for show, and we’ll all be entertained.
Won’t we?
Good for those who will actually benefit from immediate remedies, how can we say not? Make hay whilst the sun shines and get what you can out of the legislation while you can. It’s a bit like these great offers we get from the big communications company – mine’s gonna last a year. And then what? Don’t count on being able to afford it forever. Our forevers are diminishing rapidly, or hadn’t you noticed?
Government built on a model like this sucks. There are better ways, and it is better to keep reminding ourselves of those ways. Because reality is there, not in the carrot, nor in Lucy’s football. They still think we are retards, those wily politicians crafting our shiny exit ramps. Let’s prove them wrong.
he is pure evil
What shouldn’t be lost on anyone is the degree to which the conservative justices have discredited and disgraced the Supreme Court. It was widely expected that the Court would overturn the ACA for partisan reasons–and that was almost a correct assumption. The law doesn’t count for much anymore and the conservatives have delivered genuine judicial activism.
This is a serious setback for the liberal/progressive movement, single-payer, and health care. It’s a big win for the Health Insurance Industry. It’s amazing that people who favor Medicare for all, single-payer, and universal health care view this law as a plus. SCOTUS engaged in Kabuki Theatre to make it appear that this disaster was pro-Obama and populist, when the reality is that it’s pro-corporate and is a Health Insurance as opposed to a Health Care law. Just ask yourself whether or not the SCOTUS favors corporations or the people. The mandate was always going to be upheld because it’s a boon to the INSURANCE Industry.
And our corporate Puppet-in-Chief sold us out in.re. health care by doing his masters’ bidding with this “law”.
Solely on politics? Bullshit.
Have you read the analysis of the convoluted lengths Roberts had to go to to justify the mandate as a tax, which Obama and the Dems always contended it wasn’t, right up to the time it became necessary to defend it in court? Even David Dayen right here had a post with the headline “Incoherent Ruling”. Marcy Wheeler also took the legal reasoning to the woodshed, as have others lawyers who comment here and other places.
This is fascism, Swopa. There is nothing to celebrate here. In addition to the awful precedent it sets about what Congress can force citizens to purchase from profit-making entities, if you read the analysis of the ruling closely you can see that Roberts took a big swipe at the Commerce Clause and the Necessary and Proper clauses, setting the stage for lots of progressive programs to come under the hammer in the future.
Thanks for saying it better than I did.
Is is just me or did I fail to detect any responses to the comments from Swopa?
Everybody here must be better off financially than me and a lot of other people, because I didn’t think “healhcare” was a big deal from day one, with unemployment so high, and I still don’t.
If you have a job, you usually have some kind of health insurance. He has spent his entire term to deliver some kind of “crappy health insurance” while young people with degrees are unemployed.
Not only that, but food and gas prices went sky high “again” right after he got in office as a result of “commodity market manipulation”. That meant it cost even more to live with less money; while the rich were getting richer due to “commodity market manipulation”.
Go to this website and click on the charts for enlargement and details.
http://wp.me/p2vRlu-4
This was meant as a response to bluefloridia @ #40, but I don’t see an attribution, so I’ll insert it here, in this edit, along with a quote:)
Given the fact that Obama is a murderer (never mind the 19.9% unemployment rate, the multi-year Catfood Commission plan to gut SS/Medicare and the manifest deceptions [nine months of lying about "fighting" for the Public Option after he'd already killed it] that went into the passing of HeritageFoundationRomneyObamaCare), I wouldn’t consider the association of Obama’s name with a piece of legislation to be a positive in ANY circumstances. JMO.
Thank you for that very appropriate call-out, ackack. I swear, when I saw the headline, I thought “Please Act Like You Lost” was going to be a slap at the “Progressives” celebrating the enshrinement of Corporate”Care” at taxpayer expense, a reminder that this is the Insurance Parasites’ dream bill, enslaving us to them and giving them an endless stream of captive clients.
But no, it’s a paean to Dear Leader, asking him to stand up and fight for the Government’s new-found right to force Americans to buy shitty overpriced products they don’t need. (But don’t worry! The Medical Loss Ratios mean that Corporate Greed will now only make up 20% of the [enormous] cost! And I’m SURE the insurers won’t cook the books, at all! Yay, Obama!) Obama, the Populist! Hope! Change! Kabuki!
Vomit.
But, but…Roberts totally believes in stare decisis! He’s just calling balls and strikes here! No agendas at all! He told us so!
So whatever could you be talking about?
About item 3:
It turns out that penalties are non-enforceable (and there were no mandates in essence.)
I quote from http://rodgermmitchell.wordpress.com/2012/06/29/the-next-healthcare-struggle-and-how-it-could-be-solved/
“Rodger Malcolm Mitchell says:
June 29, 2012 at 3:09 pm
Thanks, JK, a truly wonderful video. This is the most relevant section:
(g) ADMINISTRATION AND PROCEDURE.—
‘‘(1) IN GENERAL.—The penalty provided by this section
shall be paid upon notice and demand by the Secretary, and
except as provided in paragraph (2), shall be assessed and collected in the same manner as an assessable penalty under subchapter B of chapter 68.
‘‘(2) SPECIAL RULES.—Notwithstanding any other provision
of law—
‘‘(A) WAIVER OF CRIMINAL PENALTIES.—In the case of
any failure by a taxpayer to timely pay any penalty imposed by this section, such taxpayer shall not be subject to
any criminal prosecution or penalty with respect to such
failure.
‘‘(B) LIMITATIONS ON LIENS AND LEVIES.—The Secretary shall not—
‘‘(i) file notice of lien with respect to any property
of a taxpayer by reason of any failure to pay the penalty imposed by this section, or
‘‘(ii) levy on any such property with respect to such failure.
So, the government will have to pay more for Obamacare, which is economically stimulative.
As I’ve said forever, our Monetarily Sovereign federal government should provide free Medicare for every man, woman and child in America.”