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
Tell us what you think about the site
Customer Care »
Vacation stops, manage subscriptions and more
AJC Services
Sections
Other Editions
Visitor Agreement | Privacy Statement
© 2013 The Atlanta Journal-Constitution
677 comments Add your comment
md
June 30th, 2012
12:39 pm
“Maybe Romney will get one when gas prices hit $5 a gallon!”
You do understand why gas prices are done don’t you?
Because the demand is down due to a weakening economy, here and abroad……careful with the glee.
AmVet
June 30th, 2012
12:40 pm
provide what little actual commerce I can.
Hope your Lemonade stand does well today, Dave.
DannyX
June 30th, 2012
12:41 pm
“Gas prices are dropping.”
You must be mistaken getalife, all of the Republicans on the blogs guaranteed us $5 a gallon this summer, they said it was certain.
Maybe they meant $3 a gallon.
md
June 30th, 2012
12:43 pm
getalife……everything in DC is politics…..including the corruption from all sides.
From what I read, the docs in F&F do exist (according to whistle blowers) and if they do, I’m in favor of finding out what they say…….I’m not too sure why everybody wouldn’t want to know, but then I am reminded by your response……it is politics, even from some in the peanut gallery.
AmVet
June 30th, 2012
12:46 pm
Gas prices dropping is horrendous news for the GOP! They are very unhappy about it.
Ever since Georgie and Dickie left office in disgrace, they have wanted the
Obamathe country to fail…td
June 30th, 2012
1:07 pm
getalife
June 30th, 2012
12:31 pm
td,
Man up.
“Blogging is for adults”
Now that is the funniest thing I have read in months. There is no way half the people (you included) would write half the vile stuff they do if it was not for the anonymity of this blog.
I wish these blogs would require a real name but they know 2/3 of the people would disappear because they only have courage behind the cloak of not having to face the people they are so vile with on these blogs.
md
June 30th, 2012
1:07 pm
“Ever since Georgie and Dickie left office in disgrace, they have wanted the Obama the country to fail…”
Gee Am…..that’s not even simplistic tripe…..that’s just plain tripe.
There is a difference between wanting the country to fail vs certain policies to fail……of course some of us understand that certain policies will also cause the country to fail.
See Greece……….
Soothsayer
June 30th, 2012
1:08 pm
AmVet @ 12:29: thanks for refreshing my memory. Some of those names had slipped my mind, but your commentary brought them all back. You left out WoW, though. (Remember him?)
It’s easy to understand the anger of the Fright-Wing. After all, it’s part of their daily indoctrination. Instilling anger is paramount to Fright-Wing propaganda.
If you ever try to have an intelligent debate with a Fright-Winger, they fly into an uncontrollable rage.
What’s really pathetic is that they, themselves, don’t even realize that they have been programmed to do so.
Hillbilly D
June 30th, 2012
1:09 pm
Looks like this place will be a total waste of time until Monday.
md
June 30th, 2012
1:10 pm
“I wish these blogs would require a real name but they know 2/3 of the people would disappear because they only have courage behind the cloak of not having to face the people they are so vile with on these blogs.”
I was once reminded that character is not only what one does in the presence of others, but what one does when one is by themselves (anonymity?)
We choose everything we do including being ugly on a blog………
md
June 30th, 2012
1:13 pm
“Looks like this place will be a total waste of time until Monday.”
In reality HD, this place is always a waste of time……one just chooses to waste that time coming here. Does anything ever really get accomplished?
Soothsayer
June 30th, 2012
1:15 pm
Well, I just heard from a friend of mine who works down at the AJC. He said Kyle Wingnut has been dancing a jig since someone other than his usual lonely losers is blogging here now. Something about “I might just keep my job, now!”
md
June 30th, 2012
1:17 pm
“his usual lonely losers”
See…..as I said, character.
Hillbilly D
June 30th, 2012
1:19 pm
md
There is the occasional good discussion but you’re right, they are rare.
md
June 30th, 2012
1:29 pm
And HD (Kyle)…..when I say “this place”, I mean blogs in general….just to clarify.
td
June 30th, 2012
1:37 pm
Soothsayer
June 30th, 2012
1:15 pm
You have to be kidding right? The AJC is spending millions of dollars on trying to convince the conservative majority of this state that they are “fair and balanced”. As the lone conservative voice (IMHO moderate conservative), Kyle has the safest job at this paper. They will get rid of Jay way before they will get rid of Kyle and the minority libs would just have to live with it.
Learning the power of economics would make you a much wiser person.
@@
June 30th, 2012
1:38 pm
Or maybe their reactions will be just as vicious and plainly partisan as their blowback to an anti-Obamacare decision promised to be.
With the rare exception, my money’s on the “vicious and plainly partisan.”
They is what they is.
schnirt
@@
June 30th, 2012
1:41 pm
Oooooo, RW’s here.
HAPPY BIRTHDAY!!!!!!
md
June 30th, 2012
1:45 pm
“They will get rid of Jay way before they will get rid of Kyle and the minority libs would just have to live with it. ”
Now that depends……some (Air America) never seem to learn the need for some kind of balance, especially in a country that polling indicates is center right…..although I’m doubting the center right part these days as “we” elected a left leaning gov’t………
snoqualmiefalls
June 30th, 2012
1:49 pm
“Strangest decisions from the Court” AHH beg to differ TBan. I would say the Dred Scott decision is the strangest, you know, the one that said “people are property”, yeah, that one.
My prediction on the HCA (not using the derisive Obamacare phrase) it will motivate the folks just like Roe v Wade years ago, you will have a new movement lasting years to repeal HCA, crying, wailing, “terrorist attacks” just like you see happening with abortion providers… red meat for the low news consumer, echoing the words of the former spokesperson for the Michigan TEAGOP “is armed rebellion justifyed yet” spoken like a true traitor.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 30th, 2012
1:49 pm
How did I get involved in this?
AmVet
June 30th, 2012
12:29 pm
Andy was so depraved that he got axed from the old Luckovich forum. One that was even monitored!
By JAY BOOKMAN
September 10, 2008 10:34 PM | Link to this
AmVet, this blog does not exist for you to abuse people and call names. Those posts are pulled — clean it up, or you will be as well.
Dusty
June 30th, 2012
1:57 pm
MarkV
I’m sorry you had to enter our healthcare facilities. Glad we have such good ones to help us. Hope you are well now.
Anyway, I don’t believe that a large part of our American population study the insurance industry to learn about healthcare of the future. They work hard and come home tired and get the essentials from the news or think it will be handled by someone else.. If they are not paying for their insurance now, it is because they do not have the money. It isn’t a choice. Many are having trouble even making living expenses. So I think they truly believe that the president is giving them free healthcare, even if they don’t know about insurance.
Now back to my double birthday “party”duties for the evening.. I’m going to try grilling which is not my best move. Working outside is also a warm endeavor! The birds were almost fighting over the birdbath. We are trying to keep plenty of water available for them..
Dusty
June 30th, 2012
2:03 pm
RW is here????? Where are you RW? Hugs for RW!! How did I miss you?
td
June 30th, 2012
2:04 pm
Dusty
June 30th, 2012
1:57 pm
“The birds were almost fighting over the birdbath.”
If those birds spend to much time in that bath today then you may get to eat them for dinner:-) Hope you pull off 2 great birthdays.
getalife
June 30th, 2012
2:08 pm
Did Andy just pay the civil discourse card?
I never thought I would see that.
Shocked, shocked I say.
You are fat and angry cons.
You will have a stoke or heart attack.
Pay up moochers.
getalife
June 30th, 2012
2:10 pm
@@,
If you don’t get banned, you are not blogging.
What are the rules here?
td
June 30th, 2012
2:11 pm
getalife
June 30th, 2012
2:08 pm
Ugly little man or woman. Do you have the guts to come out of the shadows and let us all know who you are? Did not think so.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 30th, 2012
2:14 pm
That was the civil discourse bomb, gitmo.
Kyle has never scolded me for my colorful language or flaming adjectives, only for “not staying on topic.” And it looks like even that one will be out the window soon, with all you babbling bookman lunatics popping your empty heads in here.
To be rebuked by a fellow sycophant is like really, really bad, just sayin…
getalife
June 30th, 2012
2:16 pm
DannyX,
I have found that our conservative friends are seldom right about anything.
md,
The civil case will get tossed too and issa broke the law by disclosing documents that are not cleared to be shown. issa can be arrested.
As far as civil discourse goes, lead the way my conservative friends.
getalife
June 30th, 2012
2:20 pm
Andy,
Jay has warned me several times about civil discourse.
I am just helping kyle out because he could use some hits on his blog.
getalife
June 30th, 2012
2:22 pm
td,
I have posted my picture .
Who are you?
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 30th, 2012
2:26 pm
gitmo- He has not. Why would he? You and him occupy the same intellectual wasteland and lie like a rug to encourage each other. You and him are practically sisters.
td
June 30th, 2012
2:28 pm
getalife
June 30th, 2012
2:22 pm
Just as I thought. Cowardliness bears its ugly head.
getalife
June 30th, 2012
2:30 pm
Andy,
He warned me yesterday.
Sometimes, I post on drudge links and forget to tone it down on his blog.
It is a well mannered blog.
getalife
June 30th, 2012
2:30 pm
td,
Show me who you are first.
jeffrey
June 30th, 2012
2:31 pm
It was a conservative decision by a conservative court upholding a conservative law that was born from a conservative idea. If you are upset then I can only assume you’re not real conservative.
AmVet
June 30th, 2012
2:33 pm
WoW was a real work of art, huh? Like Baghdad Dave and Andy, he got canned repeatedly.
Too funny…
HECK! I NEVER apologize to anyone, period. They are all undeserving.
Fixed her “mistakes”.
td
June 30th, 2012
2:34 pm
getalife
June 30th, 2012
2:30 pm
td,
Show me who you are first.
Go to Kyle’s FB page and I am there, so who are you?
getalife
June 30th, 2012
2:36 pm
td,
Go to Jay’s page and I am there too.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 30th, 2012
2:38 pm
It is a well mannered blog.
Jay
June 29th, 2012
9:41 am
I understand that emotions are running high on this issue, but please keep the insults and personal attacks to a minimum. Turn it down a few notches.
Would it hurt you to tell the truth every once in awhile, git?
Soothsayer
June 30th, 2012
2:39 pm
No matter what anyone here says, if they were banned from Bookman’s blog, they had plenty of chance to avoid it.
What it really says about them is that they find themselves more important than the moderator of the blog.
You see it over and over, including the most recent incident. They just back Jay into a corner and leave him no choice.
I just wonder what Kyle Wingnut’s reaction would be if I told “all of you conservatives to just stick it up your *ss?”
What so absurd is that the blogger wasn’t even banned for that.
getalife
June 30th, 2012
2:41 pm
Excellent point jeffrey.
td
June 30th, 2012
2:42 pm
getalife
June 30th, 2012
2:36 pm
td,
Go to Jay’s page and I am there too.
Will not be able to find you because I am sure you are civil in the light of day.
Puzzled
June 30th, 2012
2:44 pm
Just a question…do we all live in the same country? Talking about battles and wars. Is that what it comes to…guess it gets people to read your stuff Kyle…but it doesn’t contribute much to making this place we live a better place. Does anyone here want children to go without basic healthcare in the richest country in the world, have people who have paid into their insurance for 20 years get cancelled because they have cancer (or more like priced out of being able to buy it)…not saying this law fixes it, but I sure haven’t heard anything from anyone else tell us how they will. Having a for profit insurance company make the decision whether you live or die doesn’t quite appeal to me either. It seems people want the same things…I just dont know why we cant figure out how to do it without it being a “war” or a “battle”…guess hyperbole sells better than reason
getalife
June 30th, 2012
2:44 pm
Sooth,
I think when a blogger emails the owner of a blog to cry about another blogger, it is best they just leave that blog.
I am not a fan of snitches .
getalife
June 30th, 2012
2:46 pm
td,
Do onto others as they do onto you.
Lead the way td.
Soothsayer
June 30th, 2012
2:48 pm
“I think when a blogger emails the owner of a blog to cry about another blogger, it is best they just leave that blog.
I am not a fan of snitches.”
Get: fill me in. I’m not aware of what you’re talking about.
@@
June 30th, 2012
2:49 pm
HECK! I NEVER apologize to anyone, period. They are all undeserving.
Fixed her “mistakes”.
AmVet:
Oddly enough, you’re the ONLY person, to whom, I’ve ever apologized.
Attributing a post to you that was N-GA’s.
Let’s just say I live my life with few, if any, regrets.
I’ve never asked for an apology. Why offer something that I, myself, don’t need?
getalife
June 30th, 2012
2:50 pm
Another excellent point puzzled.
After the Gifford assassinations, civil discourse lasted about a week.
I am all for civil discourse because we are all Americans and no side wants to take on the US military.
getalife
June 30th, 2012
2:56 pm
Andy,
You know I never lie.
He probably deleted it.