A Court Decision For History Books
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T he story of the Affordable Care Act was already loaded with ironies. But the law's astounding and historic Supreme Court victory of Thursday laid on other major ones.
The biggest pre-existing irony, of course, goes like this: The law, whose defeat has become the Republican Party's fondest objective in this election year, was modeled closely after a Massachusetts law championed by then-Gov. Mitt Romney - who is now that party's national standard-bearer. Romney has never quite succeeded in explaining that contradiction away.
Here's the other underlying irony: President Obama originally wanted a single-payer system, roughly the same thing as putting everyone on Medicare. But in the interest of a one-sided "compromise," Obama went along with the concept of a "universal mandate" - favored by Republicans since it would keep most coverage in the hands of private-sector insurance corporations. Thus did a GOP idea, once this Democratic president had embraced it, become a socialistic plot.
A Mandate Becomes a 'Tax'
As to the newer ironies, the first can be found in the fact that Chief Justice John Roberts, expected to side with the court's four most predictably conservative members, wound up instead casting the deciding vote to give the law (or most of it) a 5-4 victory. Instead of Roberts, it was swing member Anthony Kennedy who sided with the anti's.
What might lie behind Roberts' surprise swerve? We prefer to think it was simply an attack of conscience - a decision to rise above politics and do something for the long-range benefit of his country. Even if this was mixed with less noble motives (like positioning himself to take some hard-right positions on other controversial matters next session), Roberts deserves a place in the history books.
To arrive at the result he had decided on, though, the chief justice did have to engage in a bit of manipulation, which brings us to Thursday's second irony. Since he didn't think the mandate could be justified under the Constitution's "interstate commerce" clause, he and the others in the majority seem to have agreed rather arbitrarily to think of it as a "tax" instead.
This came even though Obama, in earlier debate, had insisted that it wasn't a tax at all, since that's such a dirty word in the Republican vocabulary.
Opponents Redouble Their Effort
For some observers, all this tends to reinforce the truism that it's not always good to see how laws and sausages are made - and upheld.
However the ruling was arrived at, it was the correct one. Experts say the law, by drawing everyone into the pool and thus bringing premiums down, will ultimately provide affordable insurance to tens of millions more Americans. Among other benefits, it will end the atrocious practice of tossing people off their policies just because they fall ill or suffer from pre-existing conditions.
In any case, don't expect opponents to bow to the inevitable and turn their attention everywhere. For many, this only redoubles their determination to throw this solid and hard-won advance out and start again from square one.
That would be a grave disservice to America.
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Comments
Spocks_Brain 10 months, 3 weeks ago
If you looked at the flowchart of bureacracies created by this law, you would go insane... welcome to total control on every level...
The_AnonymusProfit 10 months, 3 weeks ago
1 major difference between romneycare and obama care....state level vs federal level
MikeNC 10 months, 3 weeks ago
Romney care 70 pages and Obama care 2000+ pages. Here's a short break down, but do not know the accuracy of the contents. I do believe that we will hear more from Romney himself. I did once hear him say how few pages his health care designed for State level had during one of the debates. ...Mike
http://mittromneyandhealthcare.blogspot.com/p/romneycare-vs-obamacare.html
dustyrhoades 10 months, 3 weeks ago
Romney care 70 pages and Obama care 2000+ pages.
It takes a true simpleton to judge a bill on how many pages it is.
dustyrhoades 10 months, 3 weeks ago
Spock-o, why don't you point us to one so we can judge for ourselves?
1 major difference between romneycare and obama care....state level vs federal level
Romney didn't used to think it made a difference. He actually called on Obama to enact his plan nationally:
There's a better way. And the lessons we learned in Massachusetts could help Washington find it. And what were those lessons? First, we established incentives for those who were uninsured to buy insurance. Using tax penalties, as we did, or tax credits, as others have proposed, encourages "free riders" to take responsibility for themselves rather than pass their medical costs on to others. The Massachusetts reform aimed at getting virtually all our citizens insured. In that, it worked: 98% of our citizens are insured, 440,000 previously uninsured are covered and almost half of those purchased insurance on their own, with no subsidy.
And there's this:
Mitt Romney on Obama copying RomneyCare in 2009 by Andrew Kaczynski
dustyrhoades 10 months, 3 weeks ago
Still voting for Etch a Sketch Mitt?
MikeNC 10 months, 3 weeks ago
dustyrhoades 1 hour, 50 minutes ago ...Still voting for Etch a Sketch Mitt?
Absolutely...If the Democrtaic party had a presidential candidate who acted like he was concerned with main stream America...I could change my vote. If we had a Democratic President in office for 3 1/2 years already that enacted policy which helped rather than hinder America...I could vote for him. President Clinton's 2nd term would be an example of qualifying as he and Republicans were doing GREAT things for America.
Your comments on 70 vs 2000+ is laughable. You can actually judge Romneys bill on merit by what is written. Try that with Obama's (No---not Obama's...the Democratic party's bill) Good luck with that...Mike
Pelosi: "We Have to Pass the Bill So That You Can Find Out What Is In It" by PoliJAM
JD 10 months, 3 weeks ago
10 things you get now that the Affordable Health Care Act Survived
But remember the man is evil right? How dare he want to help seniors, kids, and those with pre-existing conditions.
clarabelle 10 months, 3 weeks ago
" MikeNC - Absolutely...If the Democrtaic party had a presidential candidate who acted like he was concerned with main stream America...I could change my vote. If we had a Democratic President in office for 3 1/2 years already that enacted policy which helped rather than hinder America...I could vote for him.
As usual - ALL of the blame is on the president. Republicans being perfect are simply victims........
and as usual.......... what a CROCK!
OldSpook 10 months, 3 weeks ago
Clarabelle, Please reconsider;
"As usual - ALL of the blame is on the president. Republicans being perfect are simply victims........
and as usual.......... what a CROCK!"
Do you really want to go there with this crowd? Kind of like throwing a baby harp seal to the sharks.
clarabelle 10 months, 3 weeks ago
"Do you really want to go there with this crowd? Kind of like throwing a baby harp seal to the sharks."
very fitting analogy.............smiles
dustyrhoades 10 months, 3 weeks ago
This is hilarious...the Republicans are trying to make hay of the mandate being a "tax" as described by Justice Roberts...but if they do that, they have to admit that Romney raised taxes in Massachusetts. So they're tying themselves in knots trying to claim that the exact same thing is a tax when applied to Obamacare but a penalty under Romneycare. I am laughing hard right now.
http://nbcpolitics.msnbc.msn.com/_news/2012/07/02/12524921-romney-camp-complicates-gops-health-care-tax-message?lite
dustyrhoades 10 months, 3 weeks ago
Hey, Mike? That quote about we have to pass the bill to find out what's in it? That's true of all legislation. Legislation is typically heavily amended by the time of final passage, and the ACA particularly so. That's what that phrase means. You'd know this if you knew anything about government.
Spocks_Brain 10 months, 3 weeks ago
The bottom line is that the cost is not covered by the premiums that will be paid. There will be no 'selection' which is essential in underwriting, therefore you will have rationing. For DR a big fat suppository-please take daily and shut the f up.
Soon every part of your life will be controlled and monitored. Welcome to hell
MikeNC 10 months, 3 weeks ago
"That's true of all legislation" DR...How about providing some source documents on that. That's a load of manure...Mike
dustyrhoades 10 months, 3 weeks ago
Really, Mike? You're really so ignorant that you require "source documents" to explain the legislative process? Were you asleep during high school civics? Or did they not offer it in whatever benighted holler you grew up in?
Here's a simple explanation so as not to overtax your mind:
*Each bill goes through several stages in each house including consideration by a committee and advice from the Government Accountability Office.[108] Most legislation is considered by standing committees which have jurisdiction over a particular subject such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. Standing committees meet at least once each month.[108] Almost all standing committee meetings for transacting business must be open to the public unless the committee votes, publicly, to close the meeting.[108] A committee might call for public hearings on important bills.[108] Each committee is led by a chair who belongs to the majority party and a ranking member of the minority party. Witnesses and experts can present their case for or against a bill.[90] Then, a bill may go to what's called a mark-up session where committee members debate the bill's merits and may offer amendments or revisions.[90]
dustyrhoades 10 months, 3 weeks ago
Committees may also amend the bill, but the full house holds the power to accept or reject committee amendments. After debate, the committee votes whether it wishes to report the measure to the full house. If a bill is tabled then it is rejected. If amendments are extensive, sometimes a new bill with amendments built in will be submitted as a so-called clean bill with a new number.[90] Both houses have procedures under which committees can be bypassed or overruled but they are rarely used. Generally, members who have been in Congress longer have greater seniority and therefore greater power.[109] A bill which reaches the floor of the full house can be simple or complex[90] and begins with an enacting formula such as "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." Consideration of a bill requires, itself, a rule which is a simple resolution specifying the particulars of debate—time limits, possibility of further amendments, and such.[90] Each side has equal time and members can yield to other members who wish to speak.[90] Sometimes opponents seek to recommit a bill which means to change part of it.[90] Generally, discussion requires a quorum, usually half of the total number of representatives, before discussion can begin, although there are exceptions.[110] The house may debate and amend the bill; the precise procedures used by the House and Senate differ. A final vote on the bill follows. Once a bill is approved by one house, it is sent to the other which may pass, reject, or amend it. For the bill to become law, both houses must agree to identical versions of the bill.[90] If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee, an ad hoc committee that includes both senators and representatives[90] sometimes by using a reconciliation process to limit budget bills.[105] Both Houses use a budget enforcement mechanism informally known as pay-as-you-go or paygo which discourages members from considering acts which increase budget deficits.[105]*
dustyrhoades 10 months, 3 weeks ago
Get it now? Thanks to all the chances to amend, you really DON"T know what's going to be in a bill until it's passed.
MikeNC 10 months, 2 weeks ago
What a crock...Why not actually read and then interpret the process you just copied and pasted. Look for the action words that must be accomplished by all our representatives to any parts of the bill that were changed or ammended....such as... "differences between the two versions MUST be reconciled in a conference committee, an ad hoc committee that includes both senators and representatives" To say that 100 senators and 435 congressman "really DON"T know what's going to be in a bill until it's passed" is absurd.We elect them to in part adopt law for 300 some million Americans which directly effects all of our daily lives and yet they do not know what's in a bill they are about to pass into law..... And a 70 page bill would be just as confusing and unknown as a 2000+ page bill which also has internal references to multiple other sources than the bill itself??? The so called affordable Obama care act is a train wreck with so many unknown destinations it's taking America, it's insanity....I may have grown up in the holler professor, but you get an "F" in the bill of goods you are trying to unload here. My only concern is that a few might be swayed towards believing the various 'subjects' you try to teach....Mike
dustyrhoades 10 months, 2 weeks ago
I see Mike remains as willfully ignorant and fact resistant as ever.
OldSpook 10 months, 2 weeks ago
Hey Mike, Do you ever get the feeling that Dusty is playing mind games with you just to keep things spun up? He is employing a tactic commonly referred to as "plausible deniability" whereby a subject can safely and believeably deny knowledge of any particular truth that may exist because the subject is deliberately made unaware of said truth so as to benefit or shield the subject from any responsibility associated through the knowledge of such truth.
MikeNC 10 months, 2 weeks ago
I see Dusty will bow down and 'Take one for The Party' for anyone who preaches strict disciplinarian ideolgy...to include pelosi.....and then even preach it himself. Very sad testimonial for an 'educated' man. Your 'facts' on how our representatives actually do business makes them woefully more inept than they are in real life...Mike
MikeNC 10 months, 2 weeks ago
Possibly OldSpook, but that certainly describes what is occurring in today's administration. The Democrtaic party has unfortunately evolved to a place that seems to use what you say as their mission statement and unfortunately for us...has created our new normal for the time being. Thanks for that deep thought and it is a scary one being used against us every day....Mike
dustyrhoades 10 months, 2 weeks ago
And now Mittens wants a "cease fire" on health care:
http://decoded.nationaljournal.com/2012/07/romney-campaign-avoiding-healt.php
When danger reared its ugly head, he bravely turned his tail and fled....
HAHAHAHAHAHAAAAA! Beg for mercy, Mittens.
clarabelle 10 months, 2 weeks ago
"But then there are parts of the people on the democrat side that think old people should just go ahead and die. Al Sharpton for one."
You always invoke the feeling of "thank you lord"............eyes pointing at the heavens!
OldSpook 10 months, 2 weeks ago
Well, I'm not real sure about your source there DR, I mean that add about how Cat Lovers Deserve to Die and the Obama style sticker at the top would leave me to believe the reporting might be somewhat biased. 8^) However, I read item and then read the comments. I really enjoyed this gentlemans comment;
"If the SC had overturned Obamacare it would have energized a now slumbering Democrat base. They would have been on a mission instead of us."
He does make a good point and maybe the Republicans are holding back while the Democrats expend their resources. This "victory" really could turn out to be a Trojan horse that is being brought into Obama's camp.
The_AnonymusProfit 10 months, 2 weeks ago
"face palm"