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“Failures Of Spin”: Republicans Really Don’t Give A Crap About The Uninsured

Republican Senate leader Mitch McConnell is ordinarily a spinner of unusual skill. He’s relentlessly focused on his message and doesn’t let any interviewer frame a question in a way he (McConnell) doesn’t like. Which is why it was a little odd to see Fox News’ Chris Wallace catch him without a handy talking point when it came to covering the uninsured. This excerpt is a little long, but you have to see the whole thing:

WALLACE: All right, let’s move on. If voters elect a Republican president and a Republican Senate, your top priority will be, you say, to repeal and replace “Obama-care.” And I want to drill down into that with you. One of the keys to “Obama-care” is that it will extend insurance access to 30 million people who are now uninsured. In your replacement, how would you provide universal coverage?

MCCONNELL: Well, first, let me say the single the best thing we could do for the American health care system is to get rid of “Obama- care,” get rid of that half a trillion dollars in Medicare cuts, get rid of the half a trillion dollars in taxes. In other words, the single biggest step we could take in the direction of improving American health care is to get rid of this monstrosity.

WALLACE: But if I may, sir, you’ve talked about repeal and replace. How would you provide universal coverage?

MCCONNELL: I will get to it in a minute. The first step we need to take is to get rid of what is there, this job-killing proposal that has all of these cuts to existing health care providers. Secondly, we need to go step by step to replace it with more modest reforms. There will not be a 2,700-page Republican alternative. We will not take a meat axe to the American health care system. We will pull out a scalpel and go step by step and make the kinds of more modest changes that would deal with the principal issue which is cost. Things like interstate sales of health insurance. Right now you don’t have competition around the country in the selling of health insurance. That is a mistake. Things like lawsuit reform. Billions and billions of dollars are lost every year by hospitals and doctors in defensive medicine. Those kinds of steps…

WALLACE: But respectfully sir, because we are going to run out of time and I just want to ask, what specifically are you going to do to provide universal coverage to the 30 million people who are uninsured?

MCCONNELL: That is not the issue. The question is, how can you go step by step to improve the American health care system? It is already the finest health care system in the world.

(CROSSTALK)

WALLACE: But you don’t think the 30 million…

MCCONNELL: What our friends on the other…

(CROSSTALK)

WALLACE: You don’t think the 30 million people that were uninsured is an issue?

MCCONNELL: Let me tell you what we are not going to do. We are not going to turn the American health care system into a Western European system. That is exactly what is at the heart of “Obama- care.” They want to have the federal government take over all of American health care.

And there you have it. Obviously, McConnell can’t come out and speak the truth, which is that while there are a few changes Republicans would like to see on health care, not only isn’t it an issue they care very much about, they really don’t give a crap about people who don’t have insurance. Never have, and probably never will. First of all, those just aren’t their people, and second of all, actually helping the uninsured requires things they don’t like, such as expanding Medicaid.

But that doesn’t mean there’s nothing they can say. McConnell ought to know that when asked questions like this, Republicans are supposed to say, “The way you expand coverage to everyone is to increase competition and unleash the free market, not through big government blah blah blah.” That way it looks like you’ve actually responded to the question, even though you haven’t actually said anything. The great thing about conservative talking points is that they can be used almost anywhere, no matter how empty they are. McConnell is seriously off his game.

I stand by my prediction that Republicans are going to stop talking about health care within a few days. They just don’t feel comfortable with the topic.

 

By: Paul Waldman, Contributing Editor, The American Prospect, July 2, 2012

July 3, 2012 Posted by | Health Care | , , , , , , , | Leave a comment

“Escalation Of Tactics”: Supreme Court Leaks To Conservative Pundits May Have Started More Than A Month Ago

CBS News’ Jan Crawford confirms widespread rumors that Chief Justice John Roberts initially voted to strike down the Affordable Care Act’s individual mandate, but decided midway through the opinion drafting process that he could not support this constitutionally unjustifiable result. In what may be the biggest revelation of her piece, Crawford also reports that pseudo-moderateJustice Anthony Kennedy led the internal lobbying effort to bring Roberts back into the right-wing fold:

Roberts then withstood a month-long, desperate campaign to bring him back to his original position, the sources said. Ironically, Justice Anthony Kennedy – believed by many conservatives to be the justice most likely to defect and vote for the law – led the effort to try to bring Roberts back to the fold.

“He was relentless,” one source said of Kennedy’s efforts. “He was very engaged in this.”

But this time, Roberts held firm. And so the conservatives handed him their own message which, as one justice put it, essentially translated into, “You’re on your own.”

The conservatives refused to join any aspect of his opinion, including sections with which they agreed, such as his analysis imposing limits on Congress’ power under the Commerce Clause, the sources said.

Instead, the four joined forces and crafted a highly unusual, unsigned joint dissent. They deliberately ignored Roberts’ decision, the sources said, as if they were no longer even willing to engage with him in debate.

Crawford cites two unnamed sources, and there are a very limited universe of people who could have revealed this information to her. Only the justices and their personal staff would have access to this knowledge, and it is highly unlikely that a clerk or secretary would be willing to risk their entire career by revealing the Court’s confidential deliberations to the press. Crawford, moreover, is a very well connected conservative reporter who has, at times, worked closely with the Federalist Society to drive conservative legal narratives. Nothing is certain, but it is likely that one or both of Crawford’s sources is a conservative justice.

Moreover, as Linda Greenhouse points out, it is possible that the Court started springing leaks more than a month before Roberts handed down his opinion:

Around Memorial Day, a number of conservative columnists and bloggers suddenly began accusing the “liberal media” of putting “the squeeze to Justice Roberts,” as George Will expressed the thought in his Washington Post column. “They are waging an embarrassingly obvious campaign, hoping he will buckle beneath the pressure of their disapproval and declare Obamacare constitutional,” Mr. Will wrote. Although the court has been famously leakproof, Mr. Will and some of the others are well connected at the court, and I wondered at the time whether they had picked up signals that the chief justice, thought reliable after the oral argument two months earlier, was now wavering, and whether their message was really intended for him.

To be clear, at this point only two facts are confirmed: 1) According to Crawford, Roberts flipped his vote midstream; and 2) someone within the Court must have leaked her this information. It is perfectly appropriate for Justice Kennedy, or any other justice, for that matter, to internally lobby Roberts to try to obtain his vote in an important case. If a member of the Court has turned to conservative columnists like Will or reporters like Crawford in order to pressure and then embarrass Roberts, however, that would be a significant and unusual escalation from the justices’ regular tactics.

 

By: Ian Millhiser, Think Progress, July 1, 2012

July 2, 2012 Posted by | U. S. Supreme Court | , , , , , , , | Leave a comment

“For Women Only”: Five Health Care Mandates Republicans Support

Republicans are in complete upheaval over Obamacare, fired up by the Supreme Court’s decision to uphold the law yesterday. They have continuously claimed that the government is ramming this legislation down the throats of the American people, and now they are calling it an unwanted financial burden on everyday Americans. In fact, the individual mandate — the portion of the law that Republicans most vociferously oppose — wouldn’t even affect most Americans.

It might be time for Republicans to take a look back at their own record of health care legislation that they did like — and that forced American people, particularly women, into a lot of things:

Forcing women to get transvaginal ultrasounds: Virginia Gov. Bob McDonnell wanted to force every woman seeking an abortion to go through the extremely uncomfortable and medically unnecessary procedure of a transvaginal ultrasound — sticking a medical wand far into a woman’s vagina to get a clearer ultrasound image.

Ordering women to cremate and bury their miscarried fetus: A huge abortion omnibus bill in Michigan could force women who miscarry to cremate the miscarried fetuses. This comes at no small expense to the woman: cremation of a fetus costs hundreds of dollars, and interment can be additional thousands. The bill has been passed by the Michigan House, and is awaiting a vote by the Michigan Senate.

Requiring doctors to lie to female patients: In Kansas, Republicans tried to force doctors to tell women that they faced risk of cancer from having an abortion. That is patently untrue, and making doctors say that it was true would be, in effect, requiring them to lie to their patients.

Making a dying woman consult two doctors before she can get a life-saving abortion: The New Hampshire legislature just overrode a veto by the Governor, forcing through a law that bans “partial birth” abortions. The law only reinforces federal law, but has the additional requirement that any woman who is exempt from the abortion ban because her life is at risk must visit not one but two doctors before she can get the procedure to save her life. For many rural women, especially those facing life-threatening conditions, this is near impossible. 

Mandating people pay extra to give medical device companies a tax break: Rep. Erik Paulsen (R-MN) worked so hard to protect medical device companies from having to pay, that he has instead passed their costs onto the consumer — regular Americans — by increasing the cost of health coverage.

By: Annie-Rose Strasser, Think Progress, June 29, 2012

July 1, 2012 Posted by | Election 2012 | , , , , , , , | Leave a comment

“An Implausible Argument”: Mitt Romney’s Other Health-Care Contradiction

In vowing this morning to do what the Supreme Court didn’t—repeal Obamacare—Mitt Romney trotted out all his arguments against the newly constitutionally sanctioned health care law. Among them were these two points: First, that Obamacare would cause 20 million Americans to lose their health insurance, and second, that it would be a job-killer to boot.

Problem is, these two arguments directly contradict each other.

The 20 million Americans who presumably would lose their health insurance would do so because their employers would decide to cease offering it, letting their employees fend for themselves on the health-insurance exchanges. Why would these employers opt to do that? The only conceivable reason is that it would be cheaper for them to do that. And if it was cheaper for them to do that, they’d then have more money to hire more employees, creating rather than killing jobs.

You can argue, with serial implausibility, that Obamacare will cause millions to lose their health insurance or that it’s a job-killer. You can’t argue both.

With today’s ruling, the fate of Obama’s health-care reform will be up to the voters in November’s election. For voters who hate Obama and all he stands for, that’s one more reason to go to the polls—but those voters are probably going to the polls in any event. If Romney decides to ride this issue, it’s not clear he’ll gain any more votes than he already has locked up. He may motivate some Republicans who don’t particularly care for him but will vote out of their hatred of Obama to care for him somewhat more. (Polling shows that a higher percentage of pro-Obama voters support the president because they like him than pro-Romney voters like Romney.) But I doubt that raising his positives among voters who are already determined to vote for him anyway matters.

Republicans will doubtless exploit the court’s upholding the mandate under the Congress’s power to tax rather than under the Constitution’s commerce clause. There’s that t-word again! It’s unlikely that more than a couple percent of the American people, those with incomes adequate enough to decline to buy insurance, will ever be subject to that tax, but you can count on Republicans to depict it as a mass confiscation worthy of Lenin. Obama and the Democrats need to be able to counter this with real numbers—in Massachusetts, the one state that has already adopted a similar law, just 1 percent of taxpayers are subject to the penalty—even as they focus on the benefits most Americans will derive from the law, which was the tack the president took in his statement this morning.

 

By: Harold Meyerson, The American Prospect, June 28, 2012

June 29, 2012 Posted by | Election 2012 | , , , , , , | Leave a comment

“Elected By Nobody”: Our Supreme Court Has Lost Its Honor

Once upon a time, in a place called America, there was a government with three equal branches. That America no longer exists.

One branch now rules American life.

It is the Supreme Court, and it consists of nine people elected by nobody. They rule for life. Their power is absolute.

To overrule them requires an amendment to the Constitution, a process so politically difficult, it is nigh on impossible. (The most recent amendment, the 27th, which deals with congressional salaries, took 203 years to ratify.)

Technically, the justices can be removed from office for high crimes and misdemeanors, but none ever has been.

There is no aspect of American life — from civil rights to sports, to guns, to religion, to sex — over which the justices have not exerted control.

There are no qualifications to serve on the Supreme Court.

Though the Constitution lists qualifications to become a president, a senator or a representative, none are listed for the high court. The justices need not be of a certain age or have been born in the United States or even be a citizen.

They do not have to be lawyers, though all have been. (Some, however, never went to law school.)

You could be a justice of the Supreme Court. I could. Justin Bieber, age 18 and a Canadian citizen, also could be, though Senate approval would not be likely.

The greatest power the justices have is carved into the marble of the Supreme Court Building and gilded in gold: “It is emphatically the province and duty of the Judicial Department to say what the law is.”

These are the words of John Marshall, the fourth U.S. chief justice, written in 1803. His decision established forever that the Supreme Court had the right to uphold or strike down laws passed by Congress.

Nowhere in the Constitution is the Supreme Court given this power. The Supreme Court took it in a 4-0 decision. (There were only six members on the court at the time and two were sick.)

The Supreme Court would, over its history, come up with some terrible decisions countenancing slavery, locking up Japanese-American citizens in camps, supporting “separate but equal” segregation and approving the forced sterilization of the mentally ill.

But these were anomalies. Overall, the court would help create a vibrant and free society where citizens could live under the rule of law, where nobody was above the law and where equal rights were promised to all.

For much of modern times, the court has been seen as being above politics. This was very important as a balance to its vast power. Even though justices were appointed by political presidents and approved by political senators, their own politics was to be suppressed.

We realized they were human beings with political opinions, but we expected them to put those opinions aside.

And then came 2000 and the court’s 5-4 decision that made George W. Bush the president of the United States. The decision was nakedly political. “The case didn’t just scar the Court’s record,” Jeffrey Toobin wrote in The New Yorker, “it damaged the Court’s honor.”

Its honor has never fully recovered. Our current court is led by Chief Justice John Roberts, who was appointed by Bush in 2005 after having worked on Bush’s behalf in Florida in 2000.

The signature of the Roberts Court, Toobin wrote, has been its eagerness to overturn the work of legislatures. This is hardly conservative doctrine but today, politics trumps even ideology. In Citizens United v. Federal Election Commission, the court “gutted the McCain-Feingold campaign-finance law” which amounted to “a boon for Republicans.”

“When the Obama health-care plan reaches the high court for review,” Toobin predicted 18 months ago, “one can expect a similar lack of humility from the purported conservatives.”

At this writing, I do not know how a majority of the justices will rule on Obama’s health care plan, which was passed into law by Congress. Two branches of government have spoken, but their speech is but a whisper compared with the shout of our high court.

The die was cast in 2000. And it would take the most dewy-eyed of optimists to expect the court’s decision to be anything other than political.

Justice John Paul Stevens, now retired, wrote in his dissent in Bush v. Gore in 2000: “Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.”

That is a lot to lose. But we have lost it. And getting it back may be a long time in coming.

 

By: Roger Simon, Politico, June 27, 2012

June 28, 2012 Posted by | U. S. Supreme Court | , , , , , , , | Leave a comment