“Running Against Himself”: Mitt Romney’s Supreme Burden
Congratulations to Mitt Romney! His signature contribution to American life, devising a health plan that became a model for the only major Western democracy without medical care for nearly all of its citizens, has been upheld. If Romney accomplishes nothing else in life, he will go down in history as the man who first proved, in the laboratory of Massachusetts, where he once governed, that an individual mandate could work.
Jeers to Mitt Romney! As the presumptive Republican nominee for president, he stood in front of the Capitol just after the Supreme Court ruling on Thursday and promised to fight in the coming campaign against one big idea — his own.
Now Romney has no choice but to run against himself. It was Rick Santorum who put it in blunt political terms during the Republican primary. Romney, he said, “is the worst Republican in the country to put up against Barack Obama” because he is the intellectual godfather of the most consequential act of the Obama presidency.
If Romney was honest, and his party less locked in the grip of its far-right base, he could point with pride to the progress that Massachusetts has made. In the Bay State, compliance with the law is high, and nearly two-thirds of the people support it. The cost of insurance fell significantly in the first year after the law took effect. And fewer than 1 percent of the people chose to pay the penalty — or tax, as Chief Justice John G. Roberts Jr. helpfully clarified for Obamacare — rather than sign up for health insurance.
But the days of Romney praising his plan, which he did as recently as 2009, are long gone. Remember, it was in a moment of debate candor that Romney turned to Newt Gingrich and acknowledged the free-market, Republican origins of the mandate.
“We got the idea from Newt,” said Romney. “And Newt got it from the Heritage Foundation.” And the idea is a simple one: freeloaders cost the system billions and indirectly raise insurance for those who do the right thing.
To please a Republican Party that waves its gnarled fists at progress, Romney promises, crosses his heart and swears on his mother’s grave that he will repeal Obamacare on Day 1 of his presidency.
Except that, hedge, hedge, he wants the law’s most popular features — preventing insurance companies from dumping people who get sick or denying care to those with pre-existing conditions — to remain on the books.
All of this just reinforces Romney’s worst character flaw — the weasel factor. Every time he opens his mouth to denounce the individual mandate, he contradicts one of the most successful things he ever did as governor.
Plus, the Republican majority in the House has no intention of passing any measure that would keep the most popular parts of the health care act intact. Instead, the House will most likely vote next month to repeal the whole law, and from there it will sit in the Senate and await the election outcome in November.
The mandate is unpopular, without doubt. But big pieces of the law are supported by large majorities. People love the fact that insurance companies no longer have lifetime caps on coverage — an especially crucial element for those with long-term, chronic illness. Older Americans like closing the so-called doughnut hole in prescription drug coverage. Families like the part that allows children to stay on their parents’ insurance until the age of 26. And the medical community likes the law’s emphasis on preventive care.
We can expect a great deal of histrionic stewing and stomping from the Tea Party. Some of its followers have already called for Justice Roberts to be impeached or step down. Too bad Romney’s campaign Web site says he will nominate judges “in the mold of” John Roberts. We’ll see if that statement remains by next week.
The Tea Party, even with the flares that will light up after the court ruling, is a spent force, and most Americans have turned against it.
But Romney still has to carry the Tea Party’s anger at a time when independents — the key to the election — are sick of hyper-partisan scraps and want real solutions to national problems.
The health care law, if tweaked to help small businesses and properly implemented, can join Medicare and Social Security — which are, after all, mandates through taxes — as popular programs that elevate American life and help average people.
President Obama now gets a chance to resell his biggest legislative achievement. He did just that on Thursday, in a brief (for him) and very effective summary of the principles of the health care law: “People who can afford to buy health insurance should take the responsibility to do so.”
Sound familiar? It’s very close to what Romney said in 2009: “Using tax penalties, as we did, or tax credits, as others have proposed, encourages free riders to take responsibility for themselves rather than pass on their medical costs to others.”
Wait till the presidential debates, when Obama can use the words of Mitt Romney, health care pioneer, against Mitt Romney, health care obstructionist.
By: Timothy Egan, The New York Times Opinionator, June 28, 2012
“Tolerating Poor People”: Republicans Explore New Moral Depths On Medicaid
As the lawsuits challenging the Affordable Care Act worked their way up to the Supreme Court, I always found the challenge to the expansion of Medicaid to be the strangest part. Quick context: the program provides insurance for poor people, splitting the cost between the federal government and the states. But the current rules say that each state gets to set its own eligibility standards, which meant that if you live in a state run by Democrats and you’re poor, you can get Medicaid, but if you live in a state run by Republicans, you have to be desperately poor to get Medicaid. For instance, in Mississippi, a family of four has to have a yearly gross income below a princely $9,828 to qualify. Because if a family is living high on the hog with their $10,000 a year, they aren’t really poor, right?
Fortunately, the Affordable Care Act fixed this, by changing Medicaid so that everyone with up to 133 percent of the federal poverty level ($30,657 for a family of four) would qualify. And to make things easier on the states, the bill provided that the federal government would pick up almost all of the tab. The federal government pays 100 percent of the cost of paying for the new enrollees through 2016, 95 percent in 2017, 94 percent in 2018, 93 percent in 2019, and 90 percent from then on. In other words, the federal government is saying to states, “Here’s a bunch of free money to insure a whole lot of your citizens, which will make them healthier and more productive.” And almost every state run by Republicans replied, “How dare you do such a thing to us! It’s unconstitutional! We’re suing!”
And unfortunately, the Supreme Court gave them the right to turn down the money, so each state gets to decide whether it wants to accept the expansion. The irony is that this change in Medicaid is much, much more valuable to the states that have been the stingiest with Medicaid up until now. Massachusetts, for instance, already sets Medicaid eligibility at 133 percent of the poverty level, so they get no new money. It’s the Republican states with Scroogian eligibility who will get the most benefit, insuring millions of their citizens at little cost. But they’re the ones who don’t want it.
It’s pretty obvious that many Republicans wish there was no such thing as Medicaid at all. But if they have to tolerate poor people getting health care, they want to make sure as few of those poor people get it as possible. Because after all, if you can take your kids to the doctor whenever they get sick, how are you going to learn that being poor proves how sinful you are?
When this all comes down in 2014, the Republican governors and legislators who choose to opt out of the Medicaid expansion shouldn’t be allowed to claim that it’s a budgetary issue, because it isn’t—it’s free money, as far as their state budgets are concerned. They’re already trying. Here’s Phil Bryant, the governor of Mississippi, saying that the state doesn’t have the money to cover the estimated 330,000 people in the state who would get insurance paid for by the federal government. Here are Republican officials in Florida, where around a million people could get coverage under the Medicaid expansion, pleased as punch that the Court gave them the opportunity to say “No coverage for you!” to those poor Floridians.
So these Republican officials will be saying to their own citizens, “The federal government is offering to give you free health insurance, but we won’t let you have it. Your health is less important than us making a statement about how much we hate the welfare state and how much we hate Barack Obama and everything he touches.” They believe that it’s better for a person to have no insurance at all than to get insurance from the government. That position is morally vile enough in the abstract, but when they’re actually confronted with a choice to make about whether to allow their citizens to have health insurance, some of them are going to say no. I struggle to find words to describe how despicable and cruel that is.
Now, it’s possible that once that money is actually being offered, the states will all say yes. That’s what Nancy Pelosi argued yesterday. But that depends on the Republican leadership of those states actually giving a crap about their poor citizens. Let’s just say we should believe it when we see it.
By; Paul Waldman, Contributing Editor, The American Prospect, June 29, 2012
“Mitt Romney Will Be Relieved”: Republicans Will Soon Stop Talking About Health Care
The Supreme Court’s decision on the Affordable Care Act (ACA), particularly Justice John Roberts siding with the liberals, took most everyone by surprise this morning. But if you tune in to Fox News or surf around the conservative blogs, they seem to be taking it somewhat philosophically. They’re not happy, but there’s little rending of garments and gnashing of teeth. Mostly they’re saying, well, we’ll just have to win this in November (see here for a representative sample). There’s also a good deal of discussion of the fact that the Court declared that the requirement to carry health insurance is permissible under the government’s taxing power. After all, if there’s one thing Republicans know how to do, it’s complain about taxes. Mitch McConnell quickly took to the floor of the Senate to condemn the decision, and no doubt Mitt Romney will soon say something so vague that no one can determine what he actually thinks.
But here’s my guess: Republicans are going to drop health care very quickly. They took their shot with the only avenue they had to kill the ACA, and they came up short. The legal battle is over, and they know that once they start talking about repealing the whole thing, it makes it easier to talk about the benefits of the ACA that will be repealed, particularly since they have given up on even bothering to come up with a “replace” part of “repeal and replace.” Oh, they’ll still condemn the ACA when they’re on Fox, or when they’re talking to partisan audiences—just enough to reassure base conservatives that they’re still angry. But in short order, they’re going to move on to other topics now that the legal question has been settled.
That suits Mitt Romney just fine. You may remember that when the primary campaign started, many people said it would be impossible for him to become the Republican nominee, given that he had passed a health-care plan so closely resembling the ACA in Massachusetts, complete with an individual mandate. He managed to wriggle and writhe away from questions about it for the last two years. Those questions are no more comfortable than they ever were. As the leader of the GOP, he’ll set the agenda for the party. And there are few things he’d rather talk about less. We’ll pore over this decision for the next week, then the news media will move on, and Romney will breathe a sigh of relief.
By: Paul Waldman, Contributing Editor, The American Prospect, June 28, 2012
“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
“Selective Memory Loss”: Romney Defended Bush’s Invocation Of Executive Privilege
When the Obama administration announced last week that it would invoke executive privilege and not release some documents related to the “Fast and Furious” operation, Mitt Romney’s campaign was quick to call the president a hypocrite. But in 2007, Romney endorsed a similar move by a Republican administration.
Romney spokeswoman Andrea Saul attacked the Obama administration’s executive privilege claim last Wednesday in a statement, saying “President Obama’s pledge to run the most open and transparent administration in history has turned out to be just another broken promise.”
But as Congress sought to compel President George W. Bush’s administration to allow Karl Rove and Harriet Miers to cooperate with an investigation into the U.S. Attorney’s scandal, Romney could not have been more forceful in his support for the executive privilege claim. Asked by a conservative radio show how whether he agreed with President Bush’s decision to simply ignore the subpoenas, Romney said:
Yeah, he’s got a responsibility to protect executive privilege. That’s just part of preserving the powers of the presidency… He should do what he thinks is the right thing with regards to members of his team but preserve executive privilege.
The Bush administration asserted “deliberative process privilege” in that case — the same privilege being cited here for the Department of Justice “Fast and Furious” documents.
By: Josh Israel, Think Progress, June 26, 2012
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