“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start talking about repealing the whole thing, it makes it easier to talk about the benefits of the ACA that will be repealed, particularly since they have given up on even bothering to come up with a “replace” part of “repeal and replace.”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
“A Lie Designed To Mislead”: Don’t Buy The GOP Narrative That Obamacare Is A Tax On Middle Class
Majority Leader Mitch McConnell wasted no time getting to the floor of the Senate to argue
that today’s Supreme Court ruling clarifies that Obamacare is nothing more than a tax on the middle class which—according to McConnell—is precisely what the Administration and Congressional Democrats promised it was not.
Leader McConnell, and his fellow Republicans, should read the Majority ruling before they embarrasses themselves further.
In the opening paragraphs of Chief Justice Roberts’ opinion, he clarifies that the law specifically does not involve a tax. If it did, Roberts clarifies, the Court would have had no choice but to reject the case for lack of jurisdiction as a tax case cannot be brought until someone is actually forced to pay the tax. This is, as we know, not the case.
The fact that the Court found that the mandate was constitutional under the taxing authority granted Congress by the Constitution is an entirely different matter. This finding does not reduce the individual mandate to the status of a tax—it merely says that as the penalty for failing to purchase health insurance will fall to the Internal Revenue Service for collection was something Congress could provide for under it’s Constitutional authority.
While I grant you that this gets a bit into the weeds, the effort that is being made by the GOP to use the Court’s basis for decision as a weapon fails on its face and is completely disingenuous. There is a difference between the levying of a tax and the Court finding Constitutional authority for Congress under the taxing authority. But then, anything that is more complicated than your basic “See Spot Run” first grade reading primer has always been fair game and fodder for the GOP message machine which would prefer to base their arguments on misstatements than educating and enlightening its base.
By: Rick Ungar, Contributor, Forbes, June 28, 2012
“A New Definition Of Irony”: The GOP-Style Jobs Program
“Here in the House,” Speaker John Boehner announced after meeting with his caucus Wednesday morning, “Republicans are going to continue to stay focused on jobs.”
It’s true. Technically, House Republicans are focused on jobs: Eric Holder’s and President Obama’s. They want to put both men out of work.
Tying up this administration is Job One for the opposition party, and never more so than this week. Republicans have been awaiting with giddy anticipation a Supreme Court decision Thursday that they expect will overturn Obamacare, the signal achievement of Obama’s presidency. “If the court does not strike down the entire law, the House will move to repeal what’s left of it,” Boehner vowed.
At the same time, Republicans decided to dedicate Thursday to a spectacle on the House floor: voting to hold Holder, the attorney general, in contempt of Congress for declining to hand over certain documents related to the Operation “Fast and Furious” guns program on the Mexican border.
Fox News Channel’s Chad Pergram asked Boehner (R-Ohio) whether he thinks “the American public is buying the narrative that you’re here to talk about jobs, when in the next 24 hours . . . everything emanating from the House floor is about contempt of Eric Holder?”
“We’re going to continue to focus on jobs,” Boehner repeated.
After that, the next jobs-related activity for House Republicans was to hold a meeting of the Rules Committee to determine procedures for Thursday’s vote on Holder.
Republicans rushed the contempt citation to the floor — the first time in history that the body has taken such action against a sitting attorney general — under “emergency” procedures. They did so even though Boehner had not yet met with Holder and even though the committee handling the investigation had not allowed a single witness whom Democrats wanted to testify publicly. Had they worked with such alacrity to create jobs, the economy would probably be booming.
Rep. Darrell Issa (R-Calif.), chairman of the panel investigating Holder, told the Rules Committee that the attorney general has been “uncooperative at every step of the way” and that the Justice Department “lied” to Congress, and he suggested that Justice officials are “covering up a crime.”
Elijah Cummings (Md.), the top Democrat on Issa’s committee, said the inquiry is “one of the most highly politicized congressional investigations in decades.” The reason for the contempt vote, he said, “is plain and simple: politics.”
It was but an appetizer for Thursday’s food fight, but even this session, in a small, ornate hearing room at the Capitol, got nasty and personal, as lawmakers addressed one another by their first names. A trio of Republicans maintained that, as Rules Committee Chairman David Dreier (R-Calif.) put it, “this is not something that is desirable for any of us.” But Issa seemed to be enjoying himself as he mixed it up with the Democrats on the panel.
“It has all the trappings of a witch hunt,” charged Louise Slaughter (N.Y.), the rules panel’s ranking Democrat.
“Looks and smells like a witch hunt,” agreed Rep. Jim McGovern (D-Mass.).
Issa retorted: “That’s been the Democratic talking point all along.”
At another moment, McGovern said Republicans “keep on moving the goal posts” in their requests of Holder.
“Not just moving the goal posts, moving the stadium,” Cummings added.
Responded Issa: “We keep moving the goal posts closer, but he can’t kick a two-yard field goal.”
Democratic complaints continued at great length: “You absolutely did not answer the question!” “Hold on, just a minute!” “A cynical maneuver.” “A disservice to the American people.” “A scripted sideshow.” “A dark, dark day.”
In response, Rep. Virginia Foxx (R-N.C.) shared with the panel lessons she had learned during her morning Bible study, and Rep. Rob Woodall (R-Ga.) shouted about serving as “stewards of the United States Constitution.” Issa taunted the Obama administration: “You own that mistake.”
Democrats did get Issa to admit that “I’ve never said Eric Holder knew anything specific” about the Fast and Furious program and that his contempt action “isn’t even about the program. It’s about the failure to tell us the details of post-lying events.” He further acknowledged that he didn’t call a George W. Bush administration attorney general to testify because he was “narrowly focused” on Holder and that he didn’t call other Democratic witnesses to testify because he was concerned about grandstanding.
“That’s the new definition of irony,” McGovern said, pleading for “the speaker to approach this in a more rational way.”
Unlikely. “I have no role in it,” Boehner said when reporters asked about the Holder vote.
Remember? He’s focused on jobs.
By: Dana Milbank, Opinion Writer, The Washington Post, June 27, 2012
“Fast And Loose”: A Contemptuous Vote In The House Of Representatives
The House is due to vote Thursday on whether to hold Attorney General Eric Holder in contempt of Congress — setting up a protracted, unnecessary and expensive court battle between coequal branches of government about the extent of executive privilege. To say this is a terrible misuse of Congress’s power is an understatement.
The dispute stems from a botched federal investigation into firearm trafficking along the U.S.-Mexico border. In an operation named after a blockbuster movie, “Fast and Furious,” federal law enforcement used the scandalous tactic of letting guns “walk” in hopes of tracking them to cartels. Unfortunately, federal officials failed to follow the guns across the border. We have learned that the Bush administration tried the same tactic in an operation called Wide Receiver — with similar results. Some guns from Fast and Furious were among those found where a U.S. Border Patrol agent, Brian Terry, tragically lost his life.
This certainly merits vigorous congressional oversight. But after 16 months, 7,600 documents and nine hearings with the attorney general, the investigation has become unmoored. It is no longer an examination of what went wrong in the Bureau of Alcohol, Tobacco, Firearms and Explosives under both administrations. Rather, it has devolved into the latest partisan attack on the Obama presidency.
Holder has bent over backward to comply with all the requests from Rep. Darrell Issa (R-Calif.), chairman of the Oversight and Government Reform Committee. The attorney general only refused when Issa asked for materials such as internal deliberative communications, which the Justice Department is prohibited by law and privilege from providing.
GOP leadership has now made the absurd claim that assertion of executive privilege establishes that the White House was involved in the planning and aftermath of Fast and Furious. This fantasy shows a complete disregard for the well-established facts of this case and the law as argued by administrations from both parties. The White House assertion is backed by decades of precedent that has recognized the need for the president and his senior advisers to receive candid advice and information from their top aides.
So why is the House moving forward with this vote to hold the attorney general in contempt? Because the GOP leadership won’t take yes for an answer. It wants — and needs — a fight.
This contempt vote is over documents produced after February 2011 — a month after Fast and Furious reached its ignominious end. The papers could not shed light on what DOJ officials were thinking years earlier. It’s clear that this has morphed into an election-year hunt for a senior administration official’s scalp.
This is the type of politics that makes the American people fed up. It’s a lamentable distraction from the work we should be doing to get at the real problem — the mutually destructive trade of guns and drugs that has made our southern border less safe, resulted in the deaths of Americans and killed tens of thousands of Mexicans.
Pressing forward with the ATF rules requiring reporting when an individual buys more than one high-powered rifle along the border, as the administration is pursuing, or passing legislation to crack down on gun traffickers and those that provide them with weapons, as I have proposed, would give investigators and prosecutors the tools they have asked for and need.
It is difficult for Americans to grasp the scale and the brutality of the violence in Mexico — the battle against the drug cartels is a literal war for the Mexican authorities. But it’s a war fought with U.S. weapons. The cartels use the U.S. as their armory because of the easy availability of high-powered firearms.
For all the talk about Fast and Furious, Issa has been loath to discuss the steps we must take to stop the flow of weapons to some of this hemisphere’s most violent criminals.
The irony of this Republican plan to push ahead with a contempt citation is that it can only play out in a predictable scenario. The House will most likely pass the resolution on a party-line vote Thursday. The GOP majority will then go to court to obtain the documents. It will settle after months, or years, of costly litigation — and get exactly what Holder offered it last week.
But we will have lost an opportunity to put the politics aside and finally do something meaningful to fight the traffickers flooding Mexico with guns.
By: Rep Adam Schiff, Politico, June 26, 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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