Closing Arguments-The Day of Reckoning
My Saturday began on the West lawn of Capitol Hill, where conservative activists were mounting one final, desperate effort to block health care reform. They came by the thousands, carrying flags and pushing strollers, in a demonstration of genuine grassroots fervor. They chanted “Kill the Bill,” over and over again, in a vaguely menacing tone that, perhaps, foretold a bit of ugliness to come.
But the most remarkable thing about the demonstration was how little it had to do with health care. The signs said “Stop socialism,” “A government of laws, not men,” “Respect our constitution–preserve our republic.” Nobody talked about death panels. Instead, one speaker–a Chicago radio host, I believe–attacked the First Lady’s obesity initiative. “Michelle, keep your hands off my kids’ lunchbox!” Yet another protest sign seemed to capture the mood perfectly: “This isn’t about health care. This is about control.”
A few hours later, inside the Capitol complex, President Obama urged House Democrats to do precisely what the protesters feared: Pass health care reform. It was not the first time he’d given such a speech. Just before the House voted on its initial reform bill in November, he’d come to Capitol Hill. And, broadly speaking, his intent had been the same: To embolden the Democrats by making them enthusiastic about the cause, demonstrating his own commitment to it, and making clear the political virtues of success.
But, like the protesters, this time Obama seemed to dwell less on health care and more on the significance of the moment. He invoked Lincoln, and the importance of fighting for principle. And then he invoked the legacy of the New Deal and Great Society, reminding members that their purpose in office was not to win elections–it was to make life better for their constituents. His closing argument was not about policy or politics. It was about posterity. And it was good.
For the last week or so, ever since it’s become apparent a climactic vote on health care was approaching, I’ve also been thinking about closing arguments. For most of the past year–and, really, it’s been far more than a year–the argument has been most practical. What would the bill do? What wouldn’t it do? And it’s easy enough to make the case for reform on those grounds.
As readers of this space know, I like to think of reform as achieving three broad goals: Making sure anybody can get an affordable insurance policy, shoring up everybody’s coverage so that it provides real economic security, and transforming medical care in order to make it both more effective and less expensive. Those arguments got a lot stronger this week, when the Congressional Budget Office determined that the final reform package–including both the Senate’s health care bill and the proposed amendments to it–would provide coverage to 32 million additional people, strengthen the baseline for coverage, and reduce the federal deficit over time.
But there’s another argument for health care reform, one that is at once more subtle and more sweeping. The disturbing part of our health care system is the financial and physical suffering it causes. But the unjust part of our health care system is the way it distributes that suffering. There are things all of us can do to stay healthy–we can eat right, we can exercise, we can avoid excessive risks. But even when we do the right things, we remain vulnerable.
You can have the perfect diet, jog three miles every day, and wake up one morning to discover you have cancer. So now you face mortal peril. And if, on top of everything else, you can’t pay your medical bills, you face financial ruin, as well.
Chance, of course, is part of life. Americans, in particular, seem to accept that. But every now and then, we have decided that need for such expansion–that there was, even now, the kind of common vulnerability to chance that required the sorts of initiatives we had enacted in the past. It happened with the New Deal, when we created the modern welfare state, and then again with the Great Society, when we expanded it.
The signature programs of these eras, Social Security and Medicare, work because they address a vulnerability we all share. Everybody is at risk of getting old; and everybody is at risk of misfortune, physical and financial, when that happens. To protect against that misfortune–to insure against that misfortune–all of us contribute. We all give, in the form of financial contributions; and we all get, in the form of financial security. Together, quite literally, we are stronger than when we are apart.
The conservatives protesting on the Capitol lawn Saturday see things differently. Health care reform isn’t about contributing money for the sake of their own security; it’s about having their money taken for the sake of somebody else’s security. When they hear stories of people left bankrupt or sick because of uninsurance, they are more likely to see a lack of personal responsibility and virtue than a lack of good fortune. As my colleague Jonathan Chait has observed, theirs is an extreme version of a view common (although surely not universal) on the right: That individuals can fend for themselves, as long as they are responsible and as long as the government gets out of the way.
There’s obviously a balance to be struck between these two world views. But, broadly speaking, conservative ideas about responsibility and vulnerability have dominated political discussion for most of the last four decades. That will change on Sunday, if health care reform passes. The bill before Congress may be flawed. And the process that produced it may be severely flawed. But it is, nevertheless, an expression of the idea that we–as as society–are not prepared to let people continue to suffer such dire consequences just because they’re unlucky.
A few hours after Obama was speaking, the Capitol had nearly cleared out. Leadership staff were meeting in House Speaker Pelosi’s office while a few stray congressmen were giving floor speeches to a nearly empty chamber. By and large, though, members had scattered–a tell-tale sign that Pelosi was confident. If she’d still needed to do serious arm-twisting, she’d have held a series of votes to keep members on the Hill.
I walked the length of the building and then out to the east lawn where the conservative protesters, who spent the day visiting (and, on a few occasions, haranguing) House Democrats, had reconvened. The crowd was more subdued now. It was smaller, too–hundreds instead of thousands. The setting sun behind the capitol dome cast a long shadow over them, as night approached. But a new dawn would come soon enough. And with it, perhaps, a new era.
By: Jonathan Cohn-Senior Editor-The New Republic-March 21, 2010
For the GOP, Fear is Always the Answer in Thwarting Health Care Reform
With the Congressional Budget Office’s report out, detailing that health care reform will trim the deficit over the next 10 years by $138 billion, Republican resistance to this bill has gone from annoying to downright illogical, and I mean birther-style illogical. It is no longer about cost or policy issues, it is simply an obvious attempt to kill this presidency and damn the citizens in the process.
The Congressional Budget Office’s methods or neutrality on issues have never been questioned until now. It seems that now because reality doesn’t coincide with the Republicans desire to block health care reform, the CBO is playing a shell game.
“Only in Washington, D.C. can people announce they are spending a trillion dollars and reducing the national deficit,” said Mike Pence., R-Indiana, on The Dylan Ratigan show. “The American people know this is growing the government. It’s only going to increase the deficit, increase the debt…This massive government plan, with the CBO report withstanding, is not fooling anyone.”
Then, on the conservative Web site, Redstate.com: “The natural reaction by most Americans to the unofficial and preliminary claim that the $2.5 trillion ObamaCare bill is revenue-neutral is, well, B.S. (There is a card game with the same name.) The second natural reaction is the realization that ObamaCare must cut the guts out of Medicare and raise taxes through the roof.”
What is even more strange and really disappointing is that this “non-logic” appears to be working. Even with the CBO report, Americans are evenly divided on health care reform. Even with the proof that it will reduce, not add to the deficit, recent polling indicates only a slight improvement for passage of the bill. Why? Fear.
These are uncertain times. Jobs are disappearing. The banks are doubling down on fees while demanding more in terms of credit, down payments and collateral. The American Automotive industry is effectively existing only through taxpayer subsidies. Even Toyota—who not so long ago was considered “the standard” in the industry—appears to maybe knowingly have put its customers at risk to save a few bucks.
FOX News has been on a mission for the last year to discredit and derail this administration by misinforming and enraging its viewers. America is at a tipping point. Within the next decade, Caucasians will no longer be the majority. In the next decade, Blacks will no longer be the largest minority in this country. Within the next decade, America loses its prominence as the wealthiest nation to China. In the last 10 years, we have endured terrorism. We are currently engaged in two wars and still in the middle of the most debilitating recession in more than 20 years. These are uncertain times and Americans are fearful.
Past efforts to overhaul the nation’s health care system looked different. The process to reaching the legislation was different. The folks supporting it were different. The folks opposing reform were different. The one common denominator in this effort and every past effort: Fear.
“It’s really a case of deja vu,” Jonathan Oberlander, a political scientist at the University of North Carolina at Chapel Hill said. “You hear in today’s debate echoes of the past that extend all the way to the early part of the 20th century. And I think the reason that people use fear again and again is that it’s effective. It’s worked to stop health reform in the past. And so they’re going to try and use it in the present.”
The very first time in 1915 when America attempted to change its health care system, it was defeated by tying those attempts to our greatest international treat of the time: The German Empire.
Fear was used again in the next effort of the late 1940s. This time the American Medical Association told citizens if the nation adopted national health insurance, the Red army would be marching up and down the streets. Then even later when former President Bill Clinton tried passing health care reform, the health care industry was firmly in place. Their lobbying influence in Congress was apparent and their might in terms of influencing public opinion by flooding the television with misleading advertisements was informidable. Remember Harry and Louise?
This time around it’s the same. They’ve gone back to the well of fear with the death panels claim, fear of big government, fear of socialism, fear of rationing. Then they targeted the politicians themselves, with the fear of losing their next election. Today, the GOP upped the ante of this fear campaign, by telling Democrats that if they vote for reform, and lose their next election, he will personally block them from future governmental appointments. Once again, the obstacle to change is fear.
Fear is something you cannot reason with. You cannot refute. You cannot combat. It’s this primal instinct that, once aroused, simply takes over your brain, rendering you incapable of either reason or logic. A lot of people are pointing to the points where health care reform falls short. Others are pointing to how the president has come up short in terms of selling reform to America and Congress.
Me? I’m just wondering if this will finally be the year that fear no longer works.
By: Devona Walker- TheLoop21.com’s senior financial/political reporter and blogger-March 19, 2010
What Failure Would Cost the Democrats-A Cold Analysis of This Weeks Vote
Disgruntled (if not former) Democrats Pat Caddell and Doug Schoen are the latest to join in offering advice to President Obama and Congressional Democrats to abandon their health reform quest before it causes catastrophic damage to the party. Caddell and Schoen close their Washington Post article with the following warning: “Unless the Democrats fundamentally change their approach, they will produce not just a march of folly but also run the risk of unmitigated disaster in November.”
The case Caddell and Schoen make parallels the one made the previous day by Karl Rove in the Wall Street Journal, and that is made daily by a parade of Republican pollsters and lawmakers: The Democrats’ health reform plan is wildly and deeply unpopular, mirroring the unpopularity of Washington and big government. If it passes, it will result in a huge political backlash, especially if Democrats use reconciliation, which Caddell and Schoen call manipulation and liken to the “nuclear option” that Senate Republicans threatened during the Bush administration. For Rove, the use of reconciliation will open the way for Republicans to use the same technique to repeal health plan when they recapture the majority.
We fundamentally disagree; the surest path to political debacle for Democrats is to fail to enact health reform, and the best way to avoid a rout in November is to show that the party in charge can actually govern. The reconciliation process is entirely appropriate for amending the Senate-passed bill; in any case, the public will judge the Democrats on the basis of the results, not the inside-baseball process. In fact, the Democrats most reluctant to support health reform–those from more conservative, Republican-leaning districts and states–are the ones most likely to lose in November if health reform is defeated.
The obvious first antecedent to examine is 1994. Democrats went into the midterm elections after a presidential contest in which they grasped the full reins of power in Washington for the first time in a dozen years. Early momentum disappeared when first President Bill Clinton’s modest stimulus proposal went down in the Senate and then his deficit-reduction package staggered to the finish line after eight long months and without a single Republican vote in either house. It looked more like a setback than a victory. This was followed the next year by a lengthy struggle to enact sweeping health care reform that ended in a complete collapse, without even a vote on the Clinton plan. A shocking loss in the House on a crime bill, though ultimately reversed, reinforced the image of a president and party that could not govern competently.
What followed was a disastrous midterm for Democrats—losses of 54 seats in the House and eight in the Senate. Heading into that election season, House Minority Whip Newt Gingrich, described the Democrats’ condition bluntly: “Imagine it’s October, and the Democrats are going to get up and make the following case: ‘We’ve run the House for 40 years, we’ve run the Senate for eight years, we have the White House, and the Republicans are so much more clever than we are that they’ve obstructed us. We need you to elect more dumb Democrats so we can overcome those clever Republicans.’” Conservative Democratic Senator John Breaux, of Louisiana, echoed that point on health policy, saying, “We can blame the Republicans for filibustering, but we have the responsibility to govern.”
To be sure, there were many reasons for Democrats’ massive losses in 1994, including scandals and angry gun owners. But the failure to fulfill their responsibility for governing contributed mightily to the debacle. That was the conclusion of pollsters from both parties in the aftermath of the November contests. Two weeks after the election, Republican pollster Bill McInturff found that “one of the most important predicates for Republican success was not having health care pass.” He noted that the collapse of the plan reinforced voters’ belief that Washington was in a dysfunctional state of gridlock. At the same time, Democratic pollster Mike Donilon, who worked on the losing campaign of Pennsylvania Senator Harris Wofford, said he believed that Wofford would have won had health reform passed.
It is undeniably true that a Washington plan to reform health care is not overwhelmingly popular. But that’s mostly because Washington is unpopular these days. When the component parts of the Democrats’ plan are parsed out, surveys show high approval for nearly all of them, including removing preexisting conditions, ending lifetime benefit caps, providing tax credits to small business to get them to cover employees, subsidizing low- and middle-income families to enable them to buy insurance, and creating a health-insurance exchange to shop for policies.
We also know that voters are warming somewhat to the idea of a reform plan, in part because the president has ramped up his efforts on its behalf beginning with the State of the Union and the health-reform summit—letting voters know what is actually in the bills. The actions of insurance companies like Anthem and Wellpoint, raising premiums sharply before enactment of reform, has also contributed to a public receptiveness to change. And we know that there was a noticeable bump in public approval when bills passed the House and the Senate—voters like action, and like success. Even where we are skeptical about the benefits of government programs, we want government to work.
It is also true that the health-reform plan, contrary to conventional wisdom, will not simply frontload the costs and backload the benefits. The plan will move quickly to erase the unpopular “doughnut hole” that results in a costly jolt for many seniors buying prescription drugs, to end discrimination based on preexisting conditions for children, to ease the insurance burden on those losing or leaving their jobs, and to enable parents to carry children up to the age of 26 on their family policies. Many House and Senate Democrats are understandably nervous about voting to enact health reform. We are convinced that the political damage will be far, far worse if they fail to do so.
By: Norman J. Ornstein and Thomas E. Mann. They are co-authors of The Broken Branch: How Congress is Failing America and How to Get It Back On Track. March 15, 2010-The New Republic
The GOP’s Astonishing Hypocrisy on Health Care and ‘reconciliation’
For those who feared that Barack Obama did not have any Lyndon Johnson in him, the president’s determination to press ahead and get health-care reform done in the face of Republican intransigence came as something of a relief.
Obama’s critics have regularly accused him of not being as tough or wily or forceful as LBJ was in pushing through civil rights and the social programs of his Great Society. Obama seemed willing to let Congress go its own way and was so anxious to look bipartisan that he wouldn’t even take his own side in arguments with Republicans.
Those days are over. On Wednesday, the president made clear what he wants in a health care bill, and he urged Congress to pass it by the most expeditious means available.
He was also clear on what bipartisanship should mean — and what it can’t mean. Democrats, who happen to be in the majority, have already added Republican ideas to their proposals. Obama said he was open to four more that came up during the health-care summit.
What he’s unwilling to do, and rightly, is to give the minority veto power over a bill that has deliberately and painfully worked its way through the regular legislative process.
Republicans, however, don’t want to talk much about the substance of health care. They want to discuss process, turn “reconciliation” into a four-letter word, and maintain that Democrats are just “ramming through” a health bill.
It is all, I am sorry to say, one big lie — or, if you’re sensitive, an astonishing exercise in hypocrisy.
All of the Republican claims were helpfully gathered in one place by Sen. Orrin Hatch, R-Utah, in an op-ed in Tuesday’s Washington Post. Right off, the piece was wrong on a core fact. Hatch accused the Democrats of trying to, yes, “ram through the Senate a multitrillion-dollar health-care bill.”
No. The health-care bill passed the Senate last December with 60 votes under the normal process. The only thing that would pass under a simple majority vote would be a series of amendments that fit comfortably under the “reconciliation” rules established to deal with money issues.
Near the very end of his article, Hatch concedes that reconciliation would be used for “only parts” of the bill. But then why didn’t he say that in the first place?
Hatch grandly cites “America’s Founders” as wanting the Senate to be about “deliberation.” But the Founders said nothing in the Constitution about the filibuster, let alone “reconciliation.” Judging from what they put in the actual document, the Founders would be appalled at the idea that every major bill should need the votes of three-fifths of the Senate to pass.
Hatch quotes Sens. Robert Byrd and Kent Conrad, both Democrats, as opposing the use of reconciliation on health care. What he doesn’t say is that Byrd’s comment from a year ago was about passing the entire bill under reconciliation, which no one is proposing to do. As for Conrad, he made clear to The Washington Post’s Ezra Klein this week that it’s perfectly appropriate to use reconciliation “to improve or perfect the package,” which is exactly what Obama is suggesting.
Hatch said that reconciliation should not be used for “substantive legislation” unless the legislation has “significant bipartisan support.”
But surely the 2001 and 2003 Bush tax cuts, which were passed under reconciliation and increased the deficit by $1.7 trillion during his presidency, were “substantive legislation.” The 2003 dividends tax cut could muster only 50 votes. Vice President Dick Cheney had to break the tie. Talk about “ramming through.”
The underlying “principle” here seems to be that it’s fine to pass tax cuts for the wealthy on narrow votes but an outrage to use reconciliation to help middle-income and poor people get health insurance.
I’m disappointed in Hatch, co-sponsor of two of my favorite bills in recent years. One created the State Children’s Health Insurance Program. The other, signed last year by Obama, broadly expanded service opportunities. Hatch worked on both with his dear friend, the late Edward M. Kennedy, after whom the service bill was named.
It was Kennedy, you’ll recall, who insisted that health care was “a fundamental right and not a privilege.” That’s why it’s not just legitimate to use reconciliation to complete the work on health reform. It would be immoral to do otherwise and thereby let a phony argument about process get in the way of health coverage for 30 million Americans.
E. J. Dionne, Jr-Syndicated Columnist-March 4, 2010
Obama To GOP: It’s Over
Obama listened politely for six hours, with occasional flashes of temper, but in the end, the message was clear: It’s over. We’re moving forward without Republicans.
Whether Obama and Dems will succeed in passing reform on their own is anything but assured, to put it mildly. But there’s virtually no doubt anymore that they are going to try — starting as early as tomorrow.
That was the subtle but unmistakable message of Obama’s closing argument. After hours of hearing Republicans repeat again and again that only an incremental approach to reform is acceptable to them, Obama rejected that out of hand.
Here’s the key bit from Obama:
I’d like Republicans to do a little soul searching to find out if there are some things that you’d be willling to embrace that get to this core problem of 30 million people without health insurance, and dealing seriously with the pre-existing conditions issue. I don’t know frankly whether we can close that gap.
And if we can’t close that gap, then I suspect Mitch McConnell, Harry Reid, Nancy Pelosi and John Boehner are going to have a lot of arguments about procedures in Congress about moving forward.
Unless I’m misreading that, Obama is saying that unless Republicans support comprehensive reform as Obama and Dems have defined it — dealing with the problem of 30 million uninsured and, by extension, seriously tackling the preexisting condition problem — they will almost certainly move forward with reconciliation.
What’s more, Obama also essentially accused Republicans of approaching today’s summit in bad faith — after they had sat there with him for six hours. He said that even after the public option was taken off the table, Republicans continued to use the same “government takeover” slur.
“Even after the public option wasn’t available, we still hear the same rhetoric,” Obama said. “We have a concept of an exchange which previously has been an idea that was embraced by Republicans before I embraced it. Somehow, suddenly it became less of a good idea.”
This accusation, combined with his assertion that Repubicans need to do some “soul-searching” on whether they wanted to join Dems in tackling reform as they have defined it, amount to an unmistakable vow to move foward without them.
Democratic aides are already interpreting Obama’s remarks along these lines. As one senior aide emailed: “We may make one last effort to try to get a Senate Republican.”
In terms of who “won” today’s debate, I tend to think Republicans actually accomplished much of what they needed to do today. It seems likely that some Congressional Dems will be just as skittish tomorrow as they were yesterday about moving forward alone via reconciliation. That means Dems still have an enormously difficult task ahead.
But Obama’s message to Dems and Republicans alike today was that barring some kind of major change on the GOP side, this is exactly what he and Dem leaders are about to attempt.
Update: To clarify, this was a call to Dems, perhaps more than anyone else, that the time has come for them to stiffen their spines and move forward with reconciliation, which Republicans, and even some nonpartisan observers, have repeatedly characterized as akin to marching off a cliff.
Also: This summit was always about laying the groundwork for Dems to go forward alone, barring a major capitulation from Republicans. As noted here repeatedly, Dems will find themselves in exactly the same position tomorrow as they did yesterday: Confronting the enormously difficult task of passing ambitious reform on their own.
Update II: A GOP aide emails the Republican take: “They badly needed a win today and they didn’t get it. Not even close. Republicans were prepared. The President was pedantic and peeved.”
Greg Sargent-The Plum Line Feb 25, 2010
Contrary to Greg’s take on who won today, my take is that the American people won. Delay, deny and obstruct was on full display by the GOP today. That was transparency that even Stevie Wonder could see!
Raemd95

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