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
josef
June 30th, 2012
9:05 pm
getalife
I actually pay attention to the ads for the blogs. I also have a tendency to patronize them. They help fund the places that keep us social malcontents off the street!
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 30th, 2012
9:06 pm
yosef- toothfairy brought it to Wingnut’s “front porch.”
How you been, sweetheart?
josef
June 30th, 2012
9:11 pm
WHINER
Fine, thankye…
THE REST OF Y’ALL
I know Whiner doesn’t speak for y’all,,,
md
June 30th, 2012
9:13 pm
Hi Jo…….bye Jo, out for awhile.
RW-(the original)
June 30th, 2012
9:19 pm
josef,
The ads are one thing, but that meebo bar is something else entirely and hiding it doesn’t fix the problem lots of security programs have with it. On the rare occasion I’m here I’ll continue to try help anyone that’s wants to get rid of it, well… get rid of it.
How you been?
RW-(the original)
June 30th, 2012
9:20 pm
Oops I guess that “how you been” has been asked and answered as our lawyerly friends would say.
getalife
June 30th, 2012
9:24 pm
josef,
Yes, AJC needs the revenue.
Ray
June 30th, 2012
9:26 pm
The Red Herring,
When Governor Deal was busy giving away sales and use tax exemptions to private jet owners, I didn’t hear you crying about how it would add to the state’s debt. We still manage to serve the rich at the expense of the poor, even during the worst of times.
We can raise our dismal mortality rate by making humane choices. Another tax break for the wealthy, hum…, or saving lives? Pray on it.
josef
June 30th, 2012
9:29 pm
RW
Been fine and dandy. Enjoying a few days off courtesy the beleagured taxpayers of Georgia. And yeah, meebo got on my nerves.
And you?
Bruno
June 30th, 2012
9:32 pm
Some classic Genesis:
http://www.youtube.com/watch?v=ZVkS0dPq2ig
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 30th, 2012
9:32 pm
yosef- Look man, to each his own, if you know what I mean.
That doesn’t mean I’m on board.
But I do know that toothfairy attacked you and should be called out for her hysteria.
You’re like an angry little girlfriend,
Why such animosity?
Dusty
June 30th, 2012
9:35 pm
Well, Bruno and Josef,
Always good to have the pleasure of your company. Do visit us often. That’d be nice..
RW-(the original)
June 30th, 2012
9:36 pm
josef,
I’m doing great, glad to hear you are as well. I got an email from you the other day but I saw it was a distribution list and haven’t had a chance to check it out. Should I carve out some time for whatever it was?
Meebo isn’t just annoying to humans it also annoys spyware and malware filters. It actually seems pretty harmless but it can make your system so slow trying to fight it off that you decide to leave yourself unprotected from real threats. It should really have a disable feature instead of just a hide feature.
RW-(the original)
June 30th, 2012
9:40 pm
It’s simple with Firefox if you use AdBlock Plus. Just add
||meebo.com/cim/*
||cim.meebo.com^
to your filters.
josef
June 30th, 2012
9:41 pm
BRUNO
Not to worry, they know. And in case you didn’t know, you and I are “buddies” and you’re a MOT…
I find THAT to be particularly humorous the way you and I scratch and claw over the “tribe!”
*******
WHINER
I didn’t come over here to exchange unpleasantries with you or anyone else. I’m a guest here and will try to behave as one.
********
DUSTY
Hey, Sweet. Did I tell you we’ve got a nest of little furry woodpeckers? Sweetest little things…love to watch them.. The tree rats? General Sherman and Company have been wrecking havoc on the village in my moss garden…
josef
June 30th, 2012
9:43 pm
RW
That damned e-mail! No…my e-mail got hacked. First time it has happened to me. It should be fixed by now. An e-mail from me, as you know, will have a re that makes it pretty clear it’s me!
@@
June 30th, 2012
9:43 pm
Andy:
No viruses. It wasn’t happening at other sites, just this one.
RW:
Here it is your birthday and I’m receiving the gift of your computer expertise.
THANKS!
Been canning for two days. Could I send you a pint of Lady Peas, Pinkeyes, Butterbeans?
(ISH)
I only added the second and third variety since the first sounded a bit…well…you know.
Hillbilly D
June 30th, 2012
9:50 pm
We’re not quite as hot here in the Hills as you flat-landers but damn, it ain’t fit fer man ner beast out there.
Hillbilly D
June 30th, 2012
9:51 pm
By the way, RW’s Mebo ad-blocker works like a charm on Google Chrome.
Bruno
June 30th, 2012
9:52 pm
Alright, HD is here. Feeling like old times again. All we need is to get JamVet over, and the Blog Band is back together.
You do like JamVet, don’t you, HD?? I know that both Dusty and @@ are crazy about the guy…..
RW-(the original)
June 30th, 2012
9:52 pm
josef,
There’s somebody in Mexico that tries to sell various male enhancement products using my gmail accounts from time to time. It would actually cause a bigger, no pun intended, problem trying to fix it than just to let it occasionally happen so if you ever get a “sales” call from me please know to ignore it.
@@,
At least I’ve heard of butter-beans. When should I expect this eclectic mix of savory goodness?
Hillbilly D
June 30th, 2012
9:53 pm
Bruno
I can tolerate most anybody as long as they don’t bad mouth my tribe.(I’m still a tribalist)
RW-(the original)
June 30th, 2012
9:55 pm
Hillbilly D,
It probably does with Safari as well. IE uses a whole different set of controls.
Bruno
June 30th, 2012
9:55 pm
Alright, RW, I’m officially throwing out the olive branch to you. Fresh start for me at Kyle’s.
Bruno
June 30th, 2012
9:57 pm
I can tolerate most anybody as long as they don’t bad mouth my tribe.
Oops–Hope you didn’t see it when I sprang “Marching Through Georgia” on josef a while back on FNM……
Bruno
June 30th, 2012
9:59 pm
Alright, HD, here’s a compromise song for you and josef:
http://www.youtube.com/watch?v=ZSXjjJ7TgFw
Bruno
June 30th, 2012
10:02 pm
We’re not quite as hot here in the Hills as you flat-landers but damn, it ain’t fit fer man ner beast out there.
PB and I will be running the Peachtree Road Race on Wednesday morning. Even though we trained hard, it’s still going to be tough running 6.2 miles in 90+ degree heat. We got psyched up by watching the movie “PreFontaine” last night.
Dusty
June 30th, 2012
10:05 pm
MarkV,
Yes, USA is the richest country in the world because we keep freedom and independence as the essence of our character. We lose that essence each time that the government makes personal decisions for us. Around the world, we are known as a place where one can succeed with the will and effort to do it. Each time the government takes charge of our decisions, we lose some freedom.
I admire your compassionate leanings. If you really want to carry them out based only on compassion, the USA would fund heathcare and most everything else in Somalia, the Sudan, Mali, the Congo and on and on around the world. You will find what real poverty and desperation are in those places.
The USA is in deep debt whether you care to believe it or not. Our citizens can manage just as they have been doing. They can learn that preventive care can be done on the personal level if they care to take the effort.
We have never been forced to buy health insurance. Now we will have to buy something against our wishes in one form or another or be punished. There goes one more freedom in the USA. . .
@@
June 30th, 2012
10:07 pm
Shortly, RW…shortly.
(ISH)
Hillbilly D
June 30th, 2012
10:07 pm
Bruno
I’ve never been a fan of Jimmy Carter as a politician. I think his work with Habitat is very commendable but as a politician, his views and mine are oil and water, going back to when he was Governor. One thing I do admire him for, though, is when he was at the Naval Academy, as his initiation, he was told to sing Marching Through Georgia. He refused.
The Elvis Trilogy, put together by Mickey Newberry, is a fine piece of music. Dixie works so much better, at a slower tempo and part at the end “All My Trials”(?) is actually my favorite part of it.
RW-(the original)
June 30th, 2012
10:10 pm
Shortly, RW…shortly.
Pretty sure I’ve heard that before….
IS&WH
Bruno
June 30th, 2012
10:13 pm
Yes, USA is the richest country in the world because we keep freedom and independence as the essence of our character.
Dusty–The real problem I see with freedom is that it necessitates personal responsibility, which a lot of folks apparently can’t handle. The new mantra is “Let the rich pay for it”. Makes me sick.
josef
June 30th, 2012
10:16 pm
PB
I’m so sorry you got dragged into that mess. I’m glad you’ve got your White Knight in Shining Armor, though! The age of chivalry is not dead.
HILLBILLY
He refused to sing that abomination? He just went up ten pegs in MY book…
Hillbilly D
June 30th, 2012
10:19 pm
I hate butter beans. When I was about 3 or 4 years old, we had butter beans for supper and I didn’t want to eat mine. Daddy said, “You’re gonna eat them damn butter beans, if we sit here at the table all night”. Well, I did eventually eat them butter beans but that was the last time I ever touched one. I may have lost the battle but I won the war. I’m a stubborn cuss but I reckon I come by it honest. I overheard somebody ask Daddy once, why I was so stubborn and he said, “That boy got a healthy dose of it from both sides”.
Dusty
June 30th, 2012
10:28 pm
Well, I’m short on time tonight but do hope Bruno, PB, Josef and RW will continue to be with us. I am happy to see all of you Does make things more interesting with such enjoyable ones aboard!
Goodnight and may the cool breezes bless your brow!!! Yes!
Hillbilly D
June 30th, 2012
10:28 pm
josef @ 10:16
I forget where but I heard him tell that years ago. He went way up in my eyes. But like I said, I’m a tribalist and always will be.
Of course, my real tribe is a lot more local than just Southern. To my way of looking at things, where would I be without my tribe, especially the ones who came before me? They made me what I am. I realize that’s not a “21st century” way of thinking but we have long memories in my world. But being half-Hillbilly, you understand that, I would imagine.
Bruno
June 30th, 2012
10:34 pm
To my way of looking at things, where would I be without my tribe, especially the ones who came before me?
HD–As soon as you and josef find an open spot, I’ll be first in line to become an honorary Southerner. I’ve only got 31 years in so far, but you gotta start somewhere!!
http://www.youtube.com/watch?v=U4aM4cgIIOY
@@
June 30th, 2012
10:34 pm
Bruno:
Just so you know…religion isn’t a favored topic over here. I know it’ll be hard for ‘ya, but…
you’ve got yours and others have theirs.
Just so ‘ya know.
josef
June 30th, 2012
10:36 pm
HILLBILLY
Yep. And the Swamp Rat half is just as strong in that identification. Also, I’m a lot like you on the local thing, that’s our clan within the tribe and the loyalties there are even stronger. Back home whenever somebody says of me “his Daddy is from that bunch down around Big Creek,” that’s all that need be said. You’ve been warned!
Bruno
June 30th, 2012
10:37 pm
Just so you know…religion isn’t a favored topic over here. I know it’ll be hard for ‘ya, but…
You missed it, but I got a whole thread up at JBs last week about spirituality. Nothing offensive…..
josef
June 30th, 2012
10:38 pm
BRUNO
Brosephus has already given you your grey card!
PlatinumBlack
June 30th, 2012
10:39 pm
Gosh, PB, you’re going to be “Watching Me?” That sounds a little ominous. How do you propose to do that?
No — meant to be the other way around, in the spirit of your comment.
Hillbilly D
June 30th, 2012
10:41 pm
Bruno @ 10:34
I can’t speak for anybody but me but a lot of this stuff is just in fun, as I’m sure you’re sharp enough to figure out. We aren’t stupid though, and we know exactly whose comments are made from bigotry and who is talking down to us. (You don’t fit that category, by the way). We take offense to that, as do people in any other group who gets put down. But apparently, especially at certain AJC blogs, some groups have most favored nation status and others are fair game, “wink, wink, nudge, nudge”.
@@
June 30th, 2012
10:46 pm
Bruno:
Let me ask you a question.
You once described me as pious because I mentioned beneficial programs at my church.
If I came on here talking about the good works at some of my charitable favorites…Heifer International or Noah’s Ark for abused animals and children, would that too be seen as pious or are you selective in your indignation.
M.D. Anderson is another one of my favorite non-profits. Can I talk about them without fear of being called pious?
PlatinumBlack
June 30th, 2012
10:46 pm
JOSEF:
I’m glad you’ve got your White Knight in Shining Armor, though! The age of chivalry is not dead.
And you’ve got yours…
It was between this and that scene toward the end of Pretty Woman:
http://youtu.be/iovcnjuf2WU
josef
June 30th, 2012
10:47 pm
HD
“…some groups have most favored nation status and others are fair game, “wink, wink, nudge, nudge.”.
Nyanh…surely not!
Hillbilly D
June 30th, 2012
10:48 pm
Brosephus has already given you your grey card!
What the heck is a grey card?
josef @ 10:36
Yeah, I don’t think it’s anything that exclusively Hillbilly. I was talking to a friend of mine once, who moved here from East Tennessee, which culturally isn’t much different from here. He was talking about some of his neighbors (some of whom are my relatives) and he was talking about things different people had told him about different people in the community. I said, “Listen Dude, all these families have been living side by side for 100-150 years. We know each other pretty well and if somebody here thinks enough of you to warn you about somebody, believe it”
I had another friend who moved here from out West. He said, “Every time I go to bid on a job, people never ask me about my work, they ask me who I’m kin to. What’s up with that?” I said, “That’s how we judge people. We aren’t judging you by who you’re kin to, we’re judging you by which ones you claim”.
PlatinumBlack
June 30th, 2012
10:49 pm
Hi, Sooth.
Let’s let it die now. No need to drag it on and on.
Kamchak ~ Thug from the Steppes
June 30th, 2012
10:51 pm
Shades of AmVet towards Andy.
You towards AmVet, Bosch, me.
Schnort.
josef
June 30th, 2012
10:52 pm
PB
Thanks….and, yep, I got mine and am, believe it or not, grateful for it everyday of my life…