Obamacare ruling offers good possibilities, but no substitute for a win
Generals are often accused of “fighting the last war.” After Thursday’s Supreme Court ruling upholding Obamacare, conservatives are asked to pin our hopes on the notion Chief Justice John Roberts was fighting the next war.
This is a tempting proposition. There is the fact Roberts, in the main opinion of the court, and the four dissenting justices endorsed a limit to the power Congress wields under the Commerce Clause of the U.S. Constitution. As this was the key judicial theory advanced by the law’s opponents, one that sought to halt a decades-long expansion of the meaning of “regulating” interstate commerce, that is no minor feat. It could even provide the starting point one day for further rollbacks of bad Commerce Clause precedent, starting with the awful 1942 Wickard decision that found a farmer affected interstate commerce by growing his own wheat.
There is also the fact the court’s majority decided the “penalty” for non-compliance with Obamacare’s individual mandate to purchase health insurance is really a “tax.” While this contradicts Congress’ actions and the president’s words during the 2009-10 health-care debate, it has the benefit of making it easier to repeal the law. As a budgetary matter, this “tax” — and Obamacare’s other taxes and spending — should be subject to the Senate’s reconciliation process, to which the filibuster does not apply. So, there’s no requirement for 60 votes in the Senate to remove the heart and guts of the law, just a simple majority.
And there is the fact that Roberts’ surprising vote on Obamacare averted the torrent of purely partisan criticism Democrats and liberals were set to unleash had a majority of the court struck down the law, accusing Roberts and his colleagues of — wait for it — partisanship. His court’s integrity intact, perhaps Roberts will be freer in lower-profile future cases to strike blows for the causes of federalism and limited government.
All these thoughts are pleasing to the conservative mind.
But if Roberts’ ruling can cite Benjamin Franklin’s aphorism about the certainty of death and taxes, allow me to caution against too rosy a view of his ruling with another saying: A bird in the hand is worth two in the bush.
Maybe the Roberts court will reinforce federalist principles in future cases. Then again, maybe the facts and circumstances of these future cases won’t cooperate. Or maybe the cases won’t emerge before the Commerce Clause-limiting wing of the court changes for the worse: Antonin Scalia is 76, Anthony Kennedy turns 76 this month, and there are at least even odds Barack Obama will be making court appointments past their 80th birthdays.
Speaking of elections: Maybe Mitt Romney will win and have at least 50 GOP senators (plus his vice president) to pass a budgetary bill by reconciliation. Maybe not. The presidential election and key Senate races look close, and four months is an eternity in politics.
And maybe, just maybe, the same Democrats and liberals who thought partisanship was the only reason the court could strike down Obamacare will look back, when a future case is decided in favor of federalism and limited government, and say, “This stinks, but hey — Roberts was with us on health care back in 2012. So it’s cool.” Or maybe their reactions will be just as vicious and plainly partisan as their blowback to an anti-Obamacare decision promised to be.
Possible future good is a consolation for Thursday’s loss, but it’s no substitute for a win.
(Note from Kyle: This is my column for the Sunday AJC. As anyone who read my posts Thursday can tell, I have been going back and forth about the impact of the Obamacare ruling. Consider this column a refinement of my opinion: There are some good things that could come out of the ruling, but they are by no means guaranteed.)
– By Kyle Wingfield
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677 comments Add your comment
Still active at Bookman's because I am an adult and act like one
June 30th, 2012
11:29 am
Do what you must. Any inferences of guilty or association were made were made by Tiberius. One or more posts does not even address you, that is your spin. If that gets you somewhere, do not wait . TAKE OFF
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
11:30 am
I accept your surrender, leg-humper.
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
11:31 am
Smart move, btw.
Shows much more intelligence than I previously thought you had.
Still active at Bookman's because I am an adult and act like one
June 30th, 2012
11:39 am
Kyle will send you gold stars in the mail
And reread the post about your video paranoia …… I didn’t post anything about videos. Another blogger and yourself brought them up……. but nice try
So do what you must as I said earlier…….. I will wait for the word from your legal counsel.
bwhahahahahahaa
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
11:41 am
My bad, leg-humper. But it still shows remarkable restraint from your usual impulses.
You haven’t done anything illegal – yet.
Keep it that way.
td
June 30th, 2012
11:41 am
md
June 30th, 2012
11:25 am
” And it wasn’t a matter of a nation voting in favor when the party in power had to use reconciliation to get it through…..another huge difference.”
And since reconciliation was used to implement the law then reconciliation can be used to repeal the law. Just as Chief Justice Roberts said this is a political matter. The precedent has been set and it Republicans only need 51 Senators to repeal this law.
Still active at Bookman's because I am an adult and act like one
June 30th, 2012
11:42 am
Tib
You scary boy with your little chest poked out
You funny
Still active at Bookman's because I am an adult and act like one
June 30th, 2012
11:42 am
but nice try to speak of libel, etc
I was shaking……….. Take what I posted to whomever. That will go nowhere fast.
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
11:43 am
At any time are you going to be capable of posting about the topic at hand, leg-humper?
Or is stalking me all you’ve got?
I’m betting the latter.
getalife
June 30th, 2012
11:44 am
Economy is improving, health bare bill is law and fast and furious is over and so is the debate.
Game over cons.
Just stay home this cycle for our country first and not party first.
Rafe Hollister, suffering through Oblamer's ineptocracy
June 30th, 2012
11:45 am
46,405,204 – The number of Americans currently on food stamps. When Barack Obama first entered the White House there were only 32 million Americans on food stamps.
88,000,000 – Today there are more than 88 million working age Americans that are not employed and that are not looking for employment. That is an all-time record high.
100,000,000 – Overall, there are more than 100 million working age Americans that do not currently have jobs
from yolohub.com/facts
Oblamer sounds like a shoe-in for re-election, with a record like this. Right?
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
11:48 am
“Economy is improving,”
If you wish to think so, go for it. The 70% or so that think otherwise will be voting in November as well.
“health bare bill is law”
For now.
“and fast and furious is over and so is the debate.”
You’d like to hope so, but when a judge opens up those records and decides to release them, I think the debate about a programs which killed two American citizens will be back in the responsible news organizations sights.
Thomas Heyward Jr.
June 30th, 2012
11:48 am
The collectivists at MoveOn.org are trumpeting yesterday’s Supreme Court ruling on Obamacare as “a huge victory for people power.” On this point, I agree with them: It is a “victory” for “people” who enjoy “power” over others! The “people” who savor this enormous tax increase are not those who have to pay additional money to the federal government, but the “people” at Big-Pharma, insurance companies, government bureaucracies, and other special interests who will be on the receiving end provided by such increased revenues.
.
The image of this group that comes to mind is of people with a leash in search of a dog! You will soon be directed to roll over on command, or to sit up and beg. You will then be rewarded with some tasty morsel, and led to believe that your obedience is evidence of how you are controlling the system to your ends!
.
The repubtards repealing it????????????????????
.
Ha Ha…………right after they repeal everything else they promised for the last 20 years.
.
DemoRepubDummies.
md
June 30th, 2012
11:49 am
“The precedent has been set and it Republicans only need 51 Senators to repeal this law.”
There is a huge BUT involved with that too……they have to have the numbers in Congress and get rid of the current fella……a tall order.
md
June 30th, 2012
11:50 am
“health bare bill is law and fast and furious is over and so is the debate.”
Yes, for now on the hc, but off the mark on F&F……the civil case is proceeding………
Dusty
June 30th, 2012
11:51 am
Well, my party preparations are coming along just fine. But it does seem The Bookman Banshees are still here and acting uglier than usual. Whatsa matter? Somebody did not play your favorite 1975 swooning song to make your weekend?
Even when liberals think they have a “victory”, they can’t act nice. Just not “raised” right I guess.
Ah but old friend MarkV is back. He is honest, at least. But, MarkV, it is my opinion that many people in favor of ObamaCare DO think they will get free healthcare for any and everything. In fact, that was the whole premise of getting ObamaCare.
I say free, because some did not have money to pay for it before and they still don’t but they think they will get something free.
It all boils down to healthcare for free because the government will furnish it. That is what many people who voted for Obama think.i.e.:he has given them this gift. Obama is counting on that. They have no concept that someone does pay and it is all by taxpayers.
Everybody does not pay taxes. So somebody is going to get free healthcare and they know it. Or their dreams are going to be ruined and they will be back at Grady if it is still standing and all the doctors haven’t left. .
RW-(the original)
June 30th, 2012
11:52 am
Just stay home this cycle…
I guess when you don’t have a persuasive argument to win people over with the next best plan is to attempt to suppress the vote.
AmVet
June 30th, 2012
11:52 am
The Neocon Information Minister, Baghdad
BobDave (best known for his grandiose and grossly unrealistic propaganda posts, extolling the invincibility of Dave and the permanence of Dave’s rule on Wingfield’s forum) sure accepts a lot of imaginary surrenders!What a laugh riot the kid is…
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
11:53 am
The Presidential election is a toss-up, with the current Disaster-in-Chief having a slight advantage at this time.
The House will NOT be going back into Nancy Pelosi’s hands in 2013. You can bank on that one.
The Senate is no better than a 50-50 proposition, but more likely a 48-49 member GOP population.
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
11:54 am
AmWet continuing his all-wet postings. . .
Love me some Reagan
June 30th, 2012
11:54 am
Glenn Beck is selling tshirts with Chief Justice Robert’s face on them along with the word “COWARD”
md
June 30th, 2012
11:56 am
“it is my opinion that many people in favor of ObamaCare DO think they will get free healthcare for any and everything.”
Well Dusty, your opinion just happens to be fact……those that will receive the subsidies know darn well that the bill called for subsidies…….which is why many vote for the enabling party……….
AmVet
June 30th, 2012
11:58 am
Dave, nice surrender at 11:54.
Was your mom named Hanoi Hannah?
Love me some Reagan
June 30th, 2012
11:59 am
only $30.00
http://glennbeck.shop.musictoday.com/Product.aspx?cp=29940&pc=BXCT094&src=NEWS117792
Love me some Reagan
June 30th, 2012
12:05 pm
little early on the celebration…………… back to life, back to reality
http://www.youtube.com/watch?v=1TUo2zKpTY0
Love me some Reagan
June 30th, 2012
12:06 pm
U.S. Sen. Rand Paul, R-Kentucky, who clearly wasn’t paying attention when he was studying constitutional law back in ophthalmology school:
“Just because a couple people on the Supreme Court declare something to be ‘constitutional’ does not make it so. The whole thing remains unconstitutional.”
Really? Poor Rand
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
12:08 pm
AmWet, here’s how it works: You post something of substance (other than the one-note mantra you usually post about conservatives = bad, liberals = good), and I’ll reply in kind with more substance.
In short, I cannot “surrender” if you don’t post anything of substance that might require a response to you. Nonsense from you begats nonsense from me – got it?
td
June 30th, 2012
12:09 pm
AmVet
June 30th, 2012
11:58 am
Why are you such a nasty A$$hole (excuse my bluntness)? Your side won this battle and you insist on still being nasty and rude. Classlessness has a price and you my friend will have your karma catch up with you one day if you insist on maintaining this type of behavior.
Love me some Reagan
June 30th, 2012
12:13 pm
td
Things get out of hand on all sides. Anytime something is perceived to be a victory for the right, anyone can read the taunting that comes on Bookman’s or this blog.
Problem is that most only want to call out the crap when it is the other side
MarkV
June 30th, 2012
12:14 pm
Dusty @11:51 am
Dusty,
Yes, I am back after taking advantage of our country’s wonderful health care. (And the “wonderful” is not meant ironically, but quite sincerely). And I see you still keep misinterpreting many things.
“But it is my opinion that many people in favor of ObamaCare DO think they will get free healthcare for any and everything. In fact, that was the whole premise of getting ObamaCare. “
I don’t know how many people make that assumption, and I certainly do not see how they rationally can make it but it certainly in NOT the whole premise of getting ObamaCare.
“It all boils down to healthcare for free because the government will furnish it.”
It definitely does not boil down to that . First of all, the government does not furnish health care (with some exceptions, such as for military and veterans). ObamaCare is primarily about health INSURANCE, that everybody should have it.
“Everybody does not pay taxes. So somebody is going to get free healthcare and they know.”
It is true that some people will get subsidies, because we are compassioned people, and help those who cannot afford food, housing, etc. But most people will not pay taxes for health care – they will continue to pay for their private insurance. The tax issues is about those who could pay for their insurance but do not want to – they will have to pay a tax penalty, Otherwise, many of them would go instead to emergency rooms to get treatment, and all of us who pay insurance would cover their costs – the situation we have now.
Rafe Hollister, suffering through Oblamer's ineptocracy
June 30th, 2012
12:15 pm
Continuing to point our the disaster our current Imperial President is. From yolohub.com
$5,000,000,000,000 – The U.S. national debt has risen by more than 5 trillion dollars since the day that Barack Obama first took office. In a little more than 3 years Obama has added more to the national debt than the first 41 presidents combined.
$5,000,000,000,000 – What the real U.S. budget deficit in 2011 would have been if the federal government had used generally accepted accounting principles.
DannyX
June 30th, 2012
12:16 pm
Gallup…Do you agree with the Supreme Court healthcare decision?
46%- Yes
46%- No
Here’s how anti-reality Republicans see the results of that poll..
.04%- Yes
8,932%- No
Love me some Reagan
June 30th, 2012
12:16 pm
td
For example, Bookman had a blogger who said he was going to spike the ball once the law was struck down. He went on and on. He cussed at everyone and left when it didn’t happen.
That would be just one on the right fitting the same description as Amvet, would it not?
AmVet
June 30th, 2012
12:18 pm
Dave! Don’t you dare spit out your medicine!
It’s good for you.
Ditto, td.
That you want to pardon/suckup to your banned buddy for virtually the exact same almost daily behavior here – endless unprovoked personal insults from him, Dusty et all – is, well………….. too bad.
Your selective, ideology based myopia is not my problem.
And I have been against Obamacare from Day One, you rube. I just love watching you anti-patriots squirm over your devastating “loss”! LOL
SINGLE PAYER NOW.
td
June 30th, 2012
12:21 pm
AmVet
June 30th, 2012
12:18 pm
You are so wrong about me. I have called out conservatives for acting like an idiot as well. The undeniable truth is (at least on these blogs over the past 2 plus years I have been on them) is it is the people of the left have posted way more vile and nasty remarks as the posters from the right.
td
June 30th, 2012
12:25 pm
Love me some Reagan
June 30th, 2012
12:16 pm
You have given me one example and this one example somehow excuses all the people on the left. Now I ask you to go over to Galloway’s blog and find more then a one day span where I was not called a vile name or my intelligence being questioned.
Love me some Reagan
June 30th, 2012
12:28 pm
td
I didn’t excuse anyone. Even said it goes both ways.
You are more than welcome to think as you wish, however the fact remains that all side on these blogs taunt and call names.
Some on the right have been doing here today. All YOU need to do is read.
Not saying you haven’t been called a name. It is done on all these blogs, but to be say well they did it more, means exactly what?
Love me some Reagan
June 30th, 2012
12:29 pm
Everyone have a great day
AmVet
June 30th, 2012
12:29 pm
the people of the left have posted way more vile and nasty remarks as the posters from the right.
This is exactly what I refereed to – selective, ideology based myopia.
How many of these insulting louts with no self-restraint have been canned?
Andy was so depraved that he got axed from the old Luckovich forum. One that was even monitored!
Let’s see…
Dave R. Repeatedly.
George W.
Harry Callahan.
Nothing is Free.
Drain the swamp.
CommieAJC.
And just a few weeks ago, when I showed up here, one particularly nasty oaf – saywhat – went so berserk over me being here, that when Kyle saw his posts, he canned him immediately.
And the filth that was spewed at Cynthia tucker was like none I’ve read since the old racist tracts of the 1960s. ALL o fit by Republicans.
You and i both KNOW that there are dozens more Republicans who have received red cards on these forums as well.
Now list for me all of the non-Republicans who have been banished to blogging land of nod. And there are some.
But you right wingers own the great majority of them…
md
June 30th, 2012
12:30 pm
“But most people will not pay taxes for health care – they will continue to pay for their private insurance.”
And this is where those in favor of the bill are royally confused…….yes, they will continue to pay for their insurance which will now have to include a rise in premiums because the bill covers all those that can’t or won’t afford it for themselves………
Just because the real “tax” increase is in the form of higher premiums, don’t be fooled into thinking the “tax” does not exist…………
getalife
June 30th, 2012
12:31 pm
td,
Man up.
Blogging is for adults and when you cons do nothing but lie and run away from the truth like a child, other bloggers will call you out.
getalife
June 30th, 2012
12:32 pm
md,
The civil case will be dismissed too because it is the gop playing politics.
DannyX
June 30th, 2012
12:32 pm
Good God td, grow a pair.
Love me some Reagan
June 30th, 2012
12:32 pm
td
Ask why some of the regulars over here were once Bookman regs.
hint: wasn’t because they didn’t taunt, name call, etc.
It was was because they did. Granted they have toned it down some over here
getalife
June 30th, 2012
12:34 pm
I predict the dems will sell all the good things in the bill and the majority will be for ACA.
Fast and furious is over.
Immigration is over.
Our President is on a winning streak.
DannyX
June 30th, 2012
12:35 pm
Wow, it looks like Romney didn’t even get a Rasmussen bump after the healthcare decision.
Maybe Romney will get one when gas prices hit $5 a gallon!
md
June 30th, 2012
12:36 pm
“The civil case will be dismissed too because it is the gop playing politics”
We shall see, but I’m guessing a court wishing to do it’s duty will take the case all the way to it’s end…..if there are documents that need to be addressed (and there appears to be), then it will be up to holder to produce them……and perjury does exist in civil court too.
getalife
June 30th, 2012
12:36 pm
Gas prices are dropping.
President Obama’s fault.
getalife
June 30th, 2012
12:39 pm
md,
It is payback because the dems did it and the gop walked out. Remember?
Just politics md.
You should know this by now.
You are not new to politics.
Tiberius - Banned from Bookman's and proud of it!
June 30th, 2012
12:39 pm
Aaaaand, still waiting for AmWet to post anything of substance.
Continue to spew the lies, sweetie.
I’m off to provide what little actual commerce I can.