Tag Archives: Obamacare

Next up for Supremes? Gay marriage

Given that the U.S. Supreme Court has upheld the Affordable Care Act, with two conservative justices joining the liberals to form a majority coalition, it is fair to speculate about the gay marriage ruling that’s coming up.

My trick knee is throbbing and it’s telling me the court is going to declare that gay couples can legally be married.

What’s more, if conservatives think they’re angry now at Chief Justice John Roberts’s ruling in favor of the ACA, wait to see the reaction if he decides that the 14th Amendment’s equal protection clause applies to gay couples.

http://www.texastribune.org/2015/06/18/cruz-courts-evangelical-voters/

Republicans, such as Sen. Ted Cruz of Texas, say that religious liberty is under attack. Cruz, who’s running for the GOP presidential nomination, told the Faith and Freedom Coalition: “I would encourage everyone here to be lifting up in prayer the court that they not engage in an act of naked and lawless judicial activism, tearing down the marriage laws adopted pursuant to the Constitution.”

There he goes again, using that word “lawless.”

The case under consideration deals with whether a gay couple can be married legally in one state and have it recognized in another. Federal judges have overturned state bans on gay marriage, declaring that such bans violate the 14th Amendment, which guarantees equal protection under the law for all citizens. Gay people are citizens, too.

The court surprised a lot of Americans — including me — by upholding the ACA.

I’m sensing a less-surprising outcome on the gay marriage issue.

The reaction, though, could be ferocious.

Three cheers for appointed federal judges

supreme court

Take a good look at this picture. It shows the nine men and women who have upheld the Affordable Care Act’s federal subsidy provision.

The U.S. Supreme Court has protected health insurance for an estimated 6.5 million Americans.

But to hear the criticism from the right in this country, you would think these individuals have just destroyed the U.S. Constitution they took an oath to uphold and to interpret fairly and without bias.

Thank goodness for the constitutional provision that allows these individuals to hold lifetime jobs, free of the kind of political pressure that forces elected judges at times to tilt in favor of interests whose job is to put heat on politicians.

The 6-3 ruling crossed ideological lines. Two conservatives — Chief Justice John Roberts and Associated Justice Anthony Kennedy — ruled with the majority. The three dissenters — Justices Clarence Thomas, Antonin Scalia and Samuel Alito — held firm in their belief that the ACA violates the Constitution.

Six justices voted for the ACA; three of them voted against it.

Majority rule wins, yes?

Republican presidential candidates went ballistic. Mike Huckabee called the court majority “judicial tyrants.” Ted Cruz threw the “lawless” adjective out there — again.

The founders got it right when they made the federal judiciary an unelected branch of government. They intended for federal judges to be free of the pressure that can overwhelm elected politicians. Presidents feel it. Legislators feel it. They are elected to represent us all. We might not like all the decisions they make, but we have recourse: we can vote them out when the next election rolls around.

Not so with federal judges. They are appointed to lifetime jobs. Yes, they are appointed by politicians with particular biases and philosophies. The judges then are subjected to sometimes grueling hearings before the Senate, which has the authority to approve or reject their appointments.

Once they take their seat on the bench, though, all bets are off.

Occasionally, these appointees evolve into judges that their benefactors — the presidents who appoint them — might not like.

That’s part of the process the founders established.

And the irony of all the outrage being expressed by those who oppose the Supremes’ support of the ACA is that many of those on the right proclaim themselves to be “strict constructionists” of the Constitution. The way I read the Constitution, it states with crystal clarity that federal judges serve for as long as they want — or are able — to do the job.

 

Obamacare upheld … once again

Federal court rulings aren’t supposed to be viewed as bipartisan or partisan, given that federal judges technically aren’t politicians.

They hold these jobs for life and, thus, are able to rule without regard to party affiliation. That’s how it’s supposed to go, if I’m to assume correctly.

However, today’s ruling by the U.S. Supreme Court upholding the federal subsidies that were one of the keys to the Affordable Care Act, must be seen as a bipartisan victory for the ACA, aka Obamacare.

The ruling was a 6-3 affirmation of the act, with Chief Justice John Roberts and Justice Anthony Kennedy joining the court’s liberal wing. Roberts was appointed to the court by President George W. Bush; Kennedy was selected by the late President Reagan, the patron saint of the modern conservative movement.

So, there you have it. The ACA remains intact. The Supreme Court, which the Constitution established as the final ruling on the constitutionality of federal law, has upheld the subsidies.

http://www.msn.com/en-us/news/us/supreme-court-upholds-nationwide-health-care-law-subsidies/ar-AAc77eU

It’s a huge victory for President Obama. As The Associated Press reported: “Nationally, 10.2 million people have signed up for health insurance under the Obama health overhaul. That includes the 8.7 million people who are receiving an average subsidy of $272 a month to help pay their insurance premiums.”

Denying the subsidies would have cost millions of Americans their health insurance obtained under the ACA. Roberts wrote in his majority opinion: “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.”

It is my sincere hope that we can end this foolish effort to overturn, revoke, discard or otherwise gut what’s now becoming — with each court decision — established law.

Tinker with it? Make it better? Sure. There have been few, if any, landmark laws that have been perfect from the moment they receive the president’s signature.

Enough, already, with these court challenges!

 

POTUS vs. SCOTUS over ACA

President Barack Obama has chided the Supreme Court over its decision to hear a case involving the Affordable Care Act.

Some critics, of course, suggest the criticism is out of bounds, that the president is trying to “bully” the nine justices who could strike down a key provision in the ACA. Bully those men and women? I don’t think so.

http://news.yahoo.com/obama-congress-fix-health-law-court-rules-against-071508891–politics.html#

Obama says the court was wrong to take up a case in the first place. The case, to be ruled on perhaps in just a matter of days, involves the legality of the federal subsidies used to help pay for Americans’ health care. An estimated 6.4 million Americans’ health insurance policies are at risk if the court strikes down the subsidy.

Now the president has declared the ACA to be a “reality,” it is law and it is part of the American fabric of providing health insurance to those who need it.

Is he right to challenge the court? Of course he is.

Just as critics chide the president for ignoring the separation of powers contained in the Constitution, they ignore the obvious notion that the separation argument goes the other direction. By that I mean that the judiciary, as a co-equal branch of government, isn’t immune from criticism from another branch of government. Indeed, the legislative branch — Congress — hardly is shy about criticizing the executive and the judiciary when either of those branches of government steer in what lawmakers suggest is the “wrong direction.”

Where the president misfired, in my view, in his criticism of the Supreme Court was when he did so during his 2010 State of the Union speech. With several court members sitting in front of him, surrounded by other administration and military officials, not to mention a packed chamber full of lawmakers, the president said the court was wrong in its Citizens United ruling that took the shackles off of campaign contributors. Whatever criticism the court deserved, that was neither the time or the place to deliver it.

So, the fight goes on between Barack Obama the nine men and women who hold the fate of his signature domestic policy achievement in their hands.

 

What if Obamacare gets stricken?

You’ve heard it said that one should be careful about they wish for, that they just might get it.

Congressional Republicans have been wishing for an end to the Affordable Care Act. The U.S. Supreme Court might grant them their wish. Then again, the court might uphold the ACA.

But if the court strikes down the subsidies set aside in the law and deprives an estimated 6.5 million Americans their health insurance, who do you suppose is going to feel the heat the most? I’m guessing it’ll be Republicans who will have to come up with a plan of their own to restore the lost health insurance that so many millions of Americans have been able to obtain under Obamacare.

http://thehill.com/homenews/senate/244369-gop-fears-it-will-win-obamacare-court-battle

The Hill reports that a court victory might be the GOP’s worst nightmare.

And get this, according to The Hill: “The politics of the King vs. Burwell case are extremely treacherous and tricky for Republicans because if the subsidies are thrown out by the court, Republicans are in the position of having to create a fix that would be seen as a problem by their most conservative supporters,” said John Ullyot, a GOP strategist and former senior Senate aide.”

So, key Republicans are going to be whipsawed. Their base doesn’t particularly like federally mandated anything, let alone health insurance. They’ll fight with GOP leaders who want to repair the ACA. Meanwhile, those 6.5 million Americans will see their health insurance evaporate. Many of them live in states that will become key battleground states for senators seeking re-election.

The court will hand its ruling down any day now. President Obama has criticized the court for even agreeing to hear this case; he believes the case doesn’t even merit a court decision, that the law is ironclad, given that the court already has upheld it once already prior to the 2012 presidential election.

Whatever the court decides — and I’m far from willing to concede that it’ll strip out the ACA subsidies — at least one side of the aisle is going to go ape.

Heck, if the court rules in favor of Republicans, we might see both sides of the aisle lapse into catatonic states.

 

 

 

 

Listen to one of your own, GOP, on 'Obamacare'

Brent Budowsky is singing Karl Rove’s praises.

And why not? Budowsky is an economist of some repute and is a former aide to the late, great U.S. Sen. Lloyd Bentsen, D-Texas. He thinks Rove — aka “Bush’s Brain” — is spot on in telling his fellow Republicans to give their futile effort to repeal the Affordable Care Act.

It’s a loser. Any remote chance the GOP has of tossing the ACA aside is going to cost them dearly, especially when — in Budowsky’s eyes — the first person dies because he or she is denied affordable health insurance because Republicans have won their fight to repeal the ACA.

Karl Rove surrenders to ObamaCare

And why should the GOP high command listen to Rove?

Easy. The man’s a brilliant political strategist.

He helped engineer George W. Bush’s winning campaigns for Texas governor (in 1994) and two successful races for the presidency (in 2000 and 2004). The governor’s race should have been in the bag for the incumbent, the late Democrat Ann Richards. Rove came up with a strategy that held Bush to a tightly scripted line of specific issues and reforms he would enact if elected governor. He never veered off the script as he went on to defeat Richards.

The man knows a winning political cause and a losing cause as well as anyone.

As Budowsky writes in The Hill: “Rove’s surrender to ObamaCare, advising Republicans against pretending they would repeal ObamaCare, is politically very wise. Rove’s fear about what happens to Republicans if the court does overturn ObamaCare provisions and the world witnesses horror stories of Americans being hurt because of Republican anti-ObamaCare politics — without any Republican policy to undo the damage — is politically brilliant.

“Imagine daily stories on television about very ill Americans being stripped of healthcare, about children losing their insurance because they would no longer be covered by their parent’s policies, about Americans with preexisting conditions being thrown to the insurance wolves without ObamaCare, and about huge insurance premium increases that would punish many millions of Americans because of the Republican war against ObamaCare.”

Budowsky also predicts that the Supreme Court is going to uphold the ACA when it rules on its constitutionality before the end of the court’s current term.

Pay attention. Karl Rove might not be every American’s favorite operative/pundit/talking head. Howeve, he is wise to counsel his fellow Republicans to give up a fight they’re certain to lose.

 

Repeal 'Obamacare'? Are conservatives nuts?

Congressional conservatives have rocks in their heads. They’ve gone ’round the bend. They need some smelling salts.

They’re angry with House Speaker John Boehner who they believe is stalling their effort to get a bill that repeals the Affordable Care Act to the desk of the president of the United States — who hails the ACA as his signature domestic legislative achievement.

http://www.politico.com/story/2015/04/conservatives-obamacare-repeal-republicans-117364.html?hp=t1_r

Gosh, what do you suppose President Obama is going to do when he receives a bill repealing the ACA?

Sign it into law? Guess again.

Put it on ice? Hardly.

Veto it outright? Yes.

The ACA happens to be working. It’s gaining popularity among millions of rank-and-file Americans — particularly those who now can afford health insurance whereas before they couldn’t.

Their effort is doomed to fail. As Politico reports: “House Republicans have already voted more than 50 times to try to defund, alter or overturn the health care law that conservatives despise. The latest effort, if it happens, would no doubt fail, too — and there are some indications that GOP leaders are ready to move on. But getting a bill to President Barack Obama’s desk and forcing him to veto it would send a powerful symbolic message to the Republican base that House conservatives haven’t given up on scuttling the law.”

That’s the point, I guess: make the base happy.

They want the law repealed, no matter what. The rest of the country? Well, the tide appears to be pulling in the opposite direction.

ACA is working, if uninsured rate is an indicator

One way to measure the success of the Affordable Care Act comes from a new survey by the Gallup organization.

The number of uninsured Americans has declined to 11.9 percent.

http://www.gallup.com/poll/182348/uninsured-rate-dips-first-quarter.aspx

That’s down from 18 percent in the first quarter of 2013, when the ACA took full effect.

I’ll be the first — OK, maybe not the first — to concede that the ACA rollout went badly, with all the hiccups and meltdowns associated with healthcare.gov.

But the whole premise of the Affordable Care Act was to provide health insurance to Americans who didn’t have it and who — without insurance — faced the prospect of losing all their possessions if they were stricken with a catastrophic illness. Indeed, the very definition of “catastrophic” should be enough to frighten every uninsured American.

The decline in the uninsured was felt most dramatically among lower-income Americans, according to the Gallup survey. Those individuals, too, were among President Obama’s target demographic.

So, let’s take a deep breath before we start piling on the ACA, attaching ridiculous pejorative descriptions to it.

The results keep coming in: The Affordable Care Act is doing its job.

 

Obamacare lawsuit: Where does it stand?

Hey, it just occurs to me. There’s a lawsuit pending against the Affordable Care Act.

You remember that, yes? House Speaker John Boehner filed a lawsuit against the ACA, contending that President Obama didn’t have the authority to tinker with it through executive authority.

http://www.huffingtonpost.com/news/obamacare-lawsuit/

He filed the suit after a lot of huffing and puffing about it.

Since its filing, though, some data have suggested something that foes of the ACA — aka Obamacare — don’t want to hear.

It’s that Americans are signing up for it. The ACA is working. Actually working. More Americans have health insurance now who didn’t have it before it was enacted.

Boehner, though, didn’t want to hear those silly thing. He said the president overstepped his constitutional authority by “rewriting the law,” a duty reserved solely for Congress.

I maintain the idea that the lawsuit is intended to please the Republican Party base that hates the idea of government mandating health insurance, even though it’s been done at the state level. Massachusetts, under the administration of then-Republican Gov. Mitt Romney, did so — and it became the model for the federal law enacted by Congress.

Several millions of Americans have health insurance these days. The lawsuit is out there. Somewhere. Waiting to be adjudicated.

The most fascinating political trick of the upcoming presidential campaign, meanwhile, may occur among Republicans who will vow to get rid of the ACA if they are elected — and replace it with … what?

 

Graham writes strategy for GOP failure

Lindsey Graham is saying things his fellow Republicans don’t want to hear.

But they should.

That is why the U.S. senator from South Carolina’s expected bid to become the next president of the United States is likely going to fail. He will be unable to persuade the fire-breathing GOP base that he’s tell them a harsh truth: You can’t govern if you’re angry.

http://www.politico.com/story/2015/03/lindsey-graham-2016-ted-cruz-116372.html?hp=lc1_4

As Politico reports, Sen. Ted Cruz of Texas vows to “repeal ‘every word’ of Obamacare and Common Core if he becomes president. He would ‘abolish’ the IRS, flatten the Tax Code so Americans can fill out their taxes on a postcard, and ‘finally, finally, finally’ secure the border.”

Graham is trying to talk some sense into his fellow Republicans by reminding them that governing is a shared responsibility. They need to work with Democrats, not against them, if they expect to get anything done.

My hunch is that his message is falling on mostly deaf ears.

Republicans are mad at Democrats for what they perceive has been a shutting-them-out of the governing process. The GOP response now that it has control of both legislative houses? Payback, man.

Graham said it won’t work.

Here’s how Politico profiles Graham: “Graham, who has served in Congress since 1995 and is an attorney in the Air Force Reserve, is not without a wide range of votes that add to his baggage headed into 2016. He voted for both of President Barack Obama’s Supreme Court nominees. He backs Loretta Lynch to be attorney general. He believes climate change is real and that the federal government should do something about it. He’s open to a Simpson-Bowles-type approach to rein in big deficits, something that would raise tax revenues. And he was an architect of the comprehensive immigration bill, something the right wing of his party despises.”

What in the world is so unreasonable about Graham’s approach to governing?

Everything, apparently, according to the far right wing of the Republican Party. Too bad.