“The Campaign For Liberty”: The War On Obamacare Has Become A War On Minorities And The Poor
Like many eleventh-hour strategies, the right’s final offensive against the Affordable Care Act has a last-gasp quality to it. Where better-laid plans to defeat the ACA in Congress and via Constitutional challenge were fraught with ideological purpose, the challengers in Halbig v. Burwell are engaged in something much smaller. Their argument is merely that if you read a poorly drafted section of the statute out of context, it appears that the law doesn’t contemplate subsidies in states that availed themselves of the federal government’s backstop, Healthcare.gov. Millions of people would lose their health insurance in service of teaching Congress a lesson about the importance of legislative draftsmanship.
That’s not a very becoming political argument, though, so the Halbig supporters have stapled a grandiose claim to their core challenge. Because many of the people who would lose their insurance would also qualify for an exemption from the law’s insurance coverage mandate, they frame it as a principled campaign for liberty.
But many is not all. It’s probably not even most. As University of Michigan law professor Nicholas Bagley noted on Tuesday, a conservative victory in Halbig would eliminate subsidies for everyone, but the hardship exemption would only apply to a subset. Many, many people—those above about 180 percent of the federal poverty level—would still be required to purchase insurance. It would just become more expensive for them. The exemption—the escape hatch to freedom—would only be available to those whose coverage costs more than eight percent of income: the poor, and near-poor. These are the people whose liberty conservatives claim to be fighting for—the people who were only able to purchase insurance because the subsidies made it affordable. The people who, as Bagley writes, would “be free to decline coverage that, without tax credits, they can’t afford anyhow.”
This kind of post hoc appeal to liberty long predates the Affordable Care Act, but it has become particularly salient in the fight against Obamacare as enrollment has grown and weakened traditional tools of opposition. When the Supreme Court made the Affordable Care Act’s Medicaid expansion optional back in 2012, it vouchsafed an old but typically losing conservative argument that using federal spending as an incentive to force state action can be unconstitutionally coercive—a freedom-crushing blow against states’ rights. But the freedom the Court upheld two years ago looks, in effect, an awful lot like the freedom the challengers in Halbig claim to be fighting for. In both cases there’s something conspicuous about the people to whom these strange conceptions of liberty apply.
As of early April, per this Kaiser Family Foundation map, 19 states remained fully unwilling to consider Medicaid expansion. In the weeks since, Wyoming and Tennessee joined Utah and Indiana among GOP-controlled states working toward expanding Medicaid. So the chips are slowly falling. But they are falling along fairly predictable racial and income lines.
Tennessee was a genuine surprise, in that it isn’t lily white, and has fairly high rates of poverty. But the GOP-controlled states that have expanded Medicaid, or are considering Medicaid expansion, are pretty white relative to GOP-controlled states where expansion is out of the question. Deep Southern states, where poverty is most concentrated and black population rates approach 30 percent, aren’t calling up the Department of Health and Human Services in Washington to negotiate a conservative Medicaid expansion compromise. To the contrary, that’s probably where resistance to the expansion runs strongest.
The story won’t be much different if conservatives get their way and ACA subsidies disappear in Healthcare.gov states. If you haven’t caught on by now, the conspicuous thing about the Medicaid freedmen and those who would be freed from the individual mandate is that they’re disproportionately black and poor. ACA rejectionism isn’t enhancing their liberty at all.
But there’s something conspicuous about the Obamacare opponents posing as tribunes for liberty, too. They’re nearly all affluent white people, who take their own health insurance for granted and probably wouldn’t consider themselves liberated if a court or legislature took aim at it for any reason. And though their rhetoric suggests otherwise, they’re waging the final Obamacare battles against poor people and minorities, not on their behalf.
By: Brian Beutler, The New Republic, September 4, 2014
“Not So Fast Bucko’s”: Anti-Obamacare Desperation Lawsuit Just Got More Desperate
The D.C. Circuit just agreed to hear the Halbig lawsuit. The short explanation of what this means is that it has closed off the easiest path to crippling Obamacare. Here’s the long explanation:
1. The Halbig lawsuit is the right’s most recent desperate effort to retroactively nullify the Affordable Care Act. The lawsuit is a wildly tendentious argument that, based on an extremely narrow reading of one ambiguous passage in the health-care law, people in states with federal-run insurance exchanges should be ineligible. Since the tax credits make insurance affordable for most consumers, the lawsuit would wreck the exchanges for some 6.5 million people, which is its entire point.
2. The Halbig suit has previously been laughed out of court, but in July, two out of three judges from the D.C. Circuit agreed with it. This ruling reflected the luck of the draw — the two judges were Republican appointees on a court consisting mostly of Democratic appointees.
3. This created a split, with some courts dismissing Halbig and another one embracing it. The split created an obvious window for the Supreme Court to take up the case — contrasting opinions between Federal Courts is a common reason for the Supreme Court to take up a case.
4. The split would close if the entire D.C. Circuit took up the case. In important cases with split decisions, the entire court usually weighs in. Conservatives desperately wanted to avoid this, for the reason stated above. They undertook a furious public campaign (see, for instance, here and here) to persuade the Court not to hear Halbig as a whole. Their rationale is that the Halbig lawsuit is not legally important enough to merit a full hearing. That argument is as ridiculous and transparently partisan as it sounds. Nicholas Bagley explains why here.
5. What happens next is that the entire D.C. Circuit will hear the case. Since the logic of the lawsuit is so ludicrous only a wildly partisan Republican jurist would ever accept it, it stands zero chance of success.
6. After that, Federal Courts will be unanimous in opposition to the Halbig lawsuit. The Supreme Court could still take up the case then, but it could just as easily decide not to hear it.
By: Jonathan Chait, Daily Intelligencer, New York Magazine, September 4, 2014
“A Continuing Slide Toward Degeneracy”: When Will Ted Cruz Tell His Old Man To Get A Grip?
One of the things that makes U.S. Sen. Ted Cruz (R-TX) fascinating is the lift his career has given to the religio-political stylings of his father, the Rev. Rafael Cruz, director of Purifying Fire Ministeries, a spiritual warfare outfit from suburban Dallas. Now you’d think Cruz the Younger would be sufficiently right-wing to please most conservative palates. But no: he regularly sends the old man out to fire up crowds and say things most Republican orators only hint at. Robert Costa explained their relationship as follows about a year ago:
Cruz has kept his father, a 74-year-old pastor, involved with his political shop, using him not merely as a confidant and stand-in, but as a special envoy. He is Cruz’s preferred introductory speaker, his best messenger with evangelicals, and his favorite on-air sidekick — a presence who softens his edge….
This summer, father and son have also been traveling together throughout the country, speaking to conservatives in Iowa and elsewhere. Their roadshow has enthralled many on the right and startled Cruz’s potential 2016 rivals. No one else in the emerging GOP field has an ally like the charismatic elder Cruz….
There was Rafael Cruz in Des Moines, Iowa, last month, speaking to ministers at the Marriott hotel and collecting business cards in the lobby; a month later, he was in Ames, Iowa, pacing the stage at a conservative summit and drawing cheers for his broadsides against President Obama. His fiery speech at a FreedomWorks event in July drew heavy praise from talk radio.
Rush Limbaugh especially loved how Rafael Cruz compared the president’s “hope and change” message to Fidel Castro’s appeal decades ago. “This guy is knocking it out of the park!” Limbaugh exclaimed.
Conservative leaders agree. Bob Vander Plaats, a top Iowa conservative who hosted the Cruz duo last month, calls Rafael Cruz’s speeches “inspiring” and says the image of a father and son laboring together resonates with values voters. Former senator Jim DeMint of South Carolina, who now runs the Heritage Foundation, is another admirer. He has worked alongside Rafael Cruz this month to rally against Obamacare.
Trouble is, Rafael Cruz has a tendency to say things many of us consider kinda cray-cray. I first really paid attention to him when he spoke at the 2013 Family Leader Summit in Iowa:
He dated the slide towards national degeneracy to the 1963 Supreme Court decision banning school prayer, the “massacre of 55 million babies” to Roe v. Wade, and the introduction of full-on socialism in America to the administration of Jimmy Carter (!), held in abeyance solely by the mobilization of Christians on behalf of Ronald Reagan.
Soon after that David Corn of MoJo got interested in Rafael Cruz and easily dug up some rich examples of the old man espousing up-front Christian Nationalist Dominionism and calling the President of the United States a Marxist determined to exterminate religious belief. Confronted with the cray-cray, Ted Cruz’s office blandly indicated Rafael didn’t speak for his son. And best I can tell, the Ted ‘n’ Rafael tag team road show went on exactly as before.
Now a new video of Rafael Cruz has popped up wherein he tells a conservative audience in Texas about his encounter with an African-American “Democrat” pastor in Bakersfield, California, as an example of the dreadful ignorance of black folks who–believe it or not–don’t understand that “government handouts” have enslaved them; that legalized abortion is a racist genocidal conspiracy aimed at people of color; and that the Republican Party is responsible for all civil rights legislation. The money quote that’s getting picked up here and there comes from Cruz’ characterization of a book by black conservative journalist Jason Riley:
Jason Riley said in an interview, Did you know before we had minimum wage laws black unemployment and white unemployment were the same? If we increase the minimum wage, black unemployment will skyrocket. See, he understands it, but the average black does not.
Now you might think this doesn’t rank among the top ten most offensive things Pastor Cruz says every time he opens his mouth. But there’s something about the effortless and absolutely self-convinced way he says outrageous things that makes it a bit startling the first time you are exposed to his act.
The funny thing is that you’d figure Rand Paul was the potential 2016 candidate with the most significant Daddy Issues. If Rafael Cruz keeps it up, and there’s zero reason to think a zealot like him won’t, Ted Cruz may have to spend more time defending him than he’d like–or have a quiet son-to-father talk followed by some dog-whistle training for the Reverend.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, September 3, 2014
“Some People Never Learn”: What Happens When You Listen To Conservatives And Allow Them To Control Our Foreign Policy
It’s surprisingly easy to compose a list of the 25 stupidest things Bush administration officials said about the invasion of Iraq, and no such list can be remotely comprehensive. For example, the list I just referenced has President Bush assuring Reverend Pat Robertson that he doesn’t need to prepare the public for casualties because we won’t have any casualties, and it has Donald Rumsfeld dismissing concerns about looting because “free” people are free to do dumb things, but it makes no reference to Paul Wolfowitz saying in Congressional testimony that, “There’s a lot of money to pay for this. It doesn’t have to be U.S. taxpayer money. We are dealing with a country that can really finance its own reconstruction, and relatively soon.” It doesn’t include his testimony that “It is hard to conceive that it would take more forces to provide stability in post-Saddam Iraq than it would take to conduct the war itself and to secure the surrender of Saddam’s security forces and his army — hard to imagine.” It doesn’t include his testimony that “I can’t imagine anyone here wanting to spend another $30 billion to be there for another 12 years.”
The Bush administration said countless stupid things, told an uncountable number of lies, and made so many horrible predictions that it is a herculean challenge to try to document them all. But even their strongest critics didn’t predict just how wrong things would go.
Nearly half of Syria’s population has been displaced either internally or externally as refugees in the worst humanitarian crisis to strike the Middle East in at least a century, according to new data released by the International Rescue Committee.
The complex civil war, which has now morphed into a three-way free-for-all among rebels, the Syrian regime and a caliphate of Islamic extremists attacking virtually everyone, has driven at least 3 million people from Syria into neighboring countries. The movement is stressing already fragile nations such as Jordan and Lebanon, who have born the brunt of the exodus even as both deal with their own unstable internal political situations.
Turkey also has received hundreds of thousands of refugees and continues to struggle to control its own border; thousands of foreign Jihadi fighters have used Turkey to access the Syrian battlefield. They offset the tens of thousands of Syrian fleeing the fighting, leaving southern Turkey awash in desperate refugees and militants of all stripes.
In terms of world history, the IRC, considered one of the world’s most effective aid organizations, says the situation has reached a level of disaster not seen worldwide since the Rwandan genocide, more than 20 years ago that saw fewer people – about 1.5 million _ displaced but nearly a million killed.
Yeah, I didn’t even get to Iraq, where it is estimated that over a million people have been “freedomed” from their homes.
I don’t think the American people are focused enough on the lesson here, which is what happens when you listen to conservatives and allow them to have control of our foreign policy apparatus and the most lethal military in the history of mankind.
It’s a lesson we should all heed as the present administration tries to figure out how to triage all the crises that have resulted from the Bush administration’s reaction to 9/11.
By: Martin Longman, Washington Monthly Political Animal, August 31, 2014
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