Giant Tax Increase Or Cynical Nonsense?

Twenty-four hours after the US Supreme Court handed down their ruling on the constitutionality of the Patient Protection & Affordable Care Act, or ObamaCare, and the Republican Party’s initial line of attack against the new reality is starting to emerge. (1) Push, at every opportunity, the line that ObamaCare represents a massive tax increase for all Americans, and (2) sow fear that the IRS is poised to start hammering at the doors of the uninsured (a group for which the GOP seems to have suddenly developed strong and protective feelings of filial loyalty) with threats of wage garnishment or prison.

As this piece from Politico, discussing Romney’s likely response to the SCOTUS decision, says:

To the Romney campaign, the ruling left the ACA looking like a richer target than ever: The justices upheld the law — leaving its unpopular provisions intact as a campaign issue — but did so on the grounds that the mandate requiring all Americans to purchase insurance is a “tax,” a traditionally easy target for Republicans.

One strategist aligned with Romney called that “the best-case scenario of it being upheld: It’s upheld as nothing but a massive tax hike.”

“President Obama just turned GOP intensity amps up to 11,” the strategist said.

And in this article, the new line of argument is laid bare:

Everyone from tea party stars to establishmentarians to possible 2016 presidential contenders seized on the tax language in the Supreme Court’s 5-4 majority opinion, which included Chief Justice John Roberts.

“‘Obamacare’ raises taxes on the American people by approximately $500 billion,” said Mitt Romney, the presumptive Republican presidential nominee. “‘Obamacare’ cuts Medicare by approximately $500 billion. And even with those cuts, and tax increases, ‘Obamacare’ adds trillions to our deficits and to our national debt and pushes those obligations on to coming generations.”

Unfortunately for the GOP, there is precious little evidence to support either of their new assertions. My stance on the Republican Party’s new line of argument against ObamaCare is this:

  • If you are a hard-pressed middle class American doing the ‘right’ thing and keeping health insurance either individually or through your employer, exactly how does ObamaCare represent a tax increase for you? You don’t have to pay the ‘fine’, and your insurance premiums should actually start to fall as more healthy people are brought into the insurance pool.
  • If you are doing the ‘wrong’ thing and not buying health insurance when you could afford to, then surely you are a parasite within the system, clogging up emergency rooms when your untreated conditions come to a head, and leaving yourself unable to pay any unplanned medical expenses that you incur, forcing insurance companies to charge higher premiums to everyone. That’s not exactly responsible citizenry, so are Republicans really going to act aghast in horror that this group of people will have to pay a fine, or a ‘tax’ as interpreted by the Supreme Court, to compensate for the negative externality that they are creating?
  • If you are doing the ‘wrong’ thing and not buying health insurance because you cannot afford to, the government will help you to buy it in the private marketplace, as I understand it using funds raised from fining people with the ability to pay who choose not to.

To me, the embryonic Republican response to defeat at the Supreme Court appears to be dumbed-down politics at its worst. Having had their well-worn argument that ObamaCare is a gross constitutional overreach taken away, they have reverted to the tax increase argument, not because there is any compelling evidence to support it but because of a semantic technicality in the language of the Supreme Court’s ruling. Republicans love to be on the side of defending people against higher taxes – a very worthy stance, and one which I share – but are they really going in to bat now exclusively for people who freely choose not to purchase health insurance, and burden everyone else with the costs of that attendant risk? I think I would almost rather be known for advocating tax cuts just for billionnaires.

It is too early yet to see how this new GOP line of attack will play in the media and the opinion polls, but given the fact that I managed to deconstruct it on my blog in less than ten minutes, I do hope (and sadly it is hope rather than expect) that proponents of the Affordable Care Act will be able to do so with even more effectiveness, and show this sudden Republican concern about ‘raising taxes’ on the willingly uninsured to be the cynical nonsense that it is.

The Aftermath Of The ObamaCare Ruling

Supreme Court - Gay Marriage - 2

After reading and trying to digest a representative slice of the masses of coverage of the US Supreme Court’s decision to uphold the majority of President Obama’s healthcare law, I think that this article from Slate.com perhaps does the best job of defining the winners and losers, and explaining the potential political consequences of the decision.

Their overall view – that while the decision vindicates Obama’s signature policy achievement to date and affirms that all of the spent debating and passing the law was perhaps not wasted after all, it is quite probably the Republicans who will come away from this episode more energised and motivated as we head into election season:

If the law had been struck down in whole or in large parts, it would have endorsed Mitt Romney’s claim that President Obama committed a double sin: He wasted the precious start of his presidency on a wrong-headed scheme while ignoring a weak economy. But what now? Just because the Supreme Court upheld the law doesn’t mean the legislation is popular. The president avoided a big defeat, but Mitt Romney’s conservative base is energized. The net result is that it was a good day politically for the president, but it’s a small net.

The article shows that Obama, having taken a lot of fire from his political enemies over the law, was keen to claim the victory for himself, and I did note that the unfortunate Obama tendency to take personal credit where it should be shared (with others in his administration, and with those in congress who did a lot of the legwork) and his overuse of the word “I” has come creeping back a little:

The president echoed some of that sentiment Thursday after the ruling. It should be pretty clear by now that I didn’t do this because it was good politics,” he said in the East Room of the White House, where he had signed the legislation two years earlier. “I did it because I believed it was good for the country. I did it because I believed it was good for the American people.” The president mentioned politics 10 times in the short speech, always putting himself at arm’s length from that dirty business.

Other outlets, including Politico, make the point that Obama will be keen to move on from this victory, trying to portray the Republicans as a backward-looking party interested only in relitigating past battles rather than proposing future solutions or improvements to the existing law:

Later, several of Obama’s top White House advisers, speaking on condition that they not be quoted directly, told reporters Thursday’s decision doesn’t portend a strategic shift in which Obama begins to make the nitty-gritty of health care reform a centerpiece of his campaign.

And they seemed almost giddy at the prospect of congressional Republicans, incensed by the high court’s ruling, pursuing repeal efforts or other attacks on the law over the next weeks and months.

Time will tell if the Republicans do decide to adopt this stance, and whether or not it brings them success.

And finally, of course, some of those on the extreme right were so upset that they started advocating armed rebellion against the US government. From Michigan Capitol Confidential:

A Lansing-based civil rights attorney who has held positions with the Michigan Republican Party and Department of Corrections, questioned in a widely distributed email today whether armed rebellion was justified over the Supreme Court ruling upholding Obamacare.

Matthew Davis sent the email moments after the Supreme Court ruling to numerous new media outlets and limited government activists with the headline: “Is Armed Rebellion Now Justified?”

He stressed that he wasn’t calling for armed rebellion but added his own personal note to the email, saying, “… here’s my response. And yes, I mean it.”

Getting worked up and convincing himself that the Supreme Court’s ruling all but sounds the death knell for American freedom and democracy, former GOP operative Matthew Davis wrote:

“If government can mandate that I pay for something I don’t want, then what is beyond its power?” he wrote. “If the Supreme Court’s decision Thursday paves the way for unprecedented intrusion into personal decisions, than has the Republic all but ceased to exist? If so, then is armed rebellion today justified? God willing, this oppression will be lifted and America free again before the first shot is fired.”

In the meantime, while President Obama and Mitt Romney try to work out how best to take advantage of the ruling for their election campaigns, and while Matthew Davis from Ohio dusts off his replica revolutionary war uniform and loads his musket, the American people can look forward to the remaining provisions in the Affordable Care Act slowly coming into effect. Or being enslaved by a tyrannical, overbearing federal government.

Y’know, which ever way you choose to look at it.

Supreme Court - Gay Marriage

ObamaCare Survives The Supreme Court

Breaking News – the United States supreme court has upheld the contested parts of the Affordable Care Act (ObamaCare), ruling it constitutional, in a blow to Republicans who had tried to characterise the bill as a grossly unconstitutional overreach of government power.

I haven’t had a chance yet to see the ruling, but it is hard to see this as anything other than a huge victory for the Obama administration in this election year, given the fact that the health care law is widely viewed as his signature domestic achievement and the fact that so many commentators – including many of those on the left – had predicted that large parts of the bill would be struck down.

My full reaction and thoughts on this developing story will follow in due course.

On Death Panels

Sarah Palin - ObamaCare - Affordable Heathcare Act - Death Panels

Normally, I try not to lend this person’s activities any of my time or attention, but Politico reports that Sarah Palin is resurrecting her scaremongering “death panel” message in anticipation of the upcoming US Supreme Court ruling on the new health care law’s constitutionality.

Says Politico:

Palin charged in a August 2009 Facebook post that the Democrats’ health care bill would empower a “death panel” of government bureaucrats who can decide who lives or dies. The 2009 claim earned Palin Politifact’s “Lie of the Year,” but she said today that the president’s health care law’s Independent Payment Advisory Board makes life-or-death decisions.

“It was a pretty long post, but a lot of people seem to have only read two words of it: ‘death panel,’” Palin wrote today. “Though I was called a liar for calling it like it is, many of these accusers finally saw that Obamacare did in fact create a panel of faceless bureaucrats who have the power to make life and death decisions about health care funding.”

No, Palin. People read the whole thing, their minds just stuck on those two words – “death panel” – because it was such an outrageous distortion of one of the best bits about the Affordable Care Act, or ObamaCare. Requiring health insurance providers to cover end-of-life care discussions between patients and their doctors was an excellent idea, one that would have encouraged thousands of Americans to decide whether or not they would want very aggressive and costly treatment during their final days, potentially saving them or their loved ones from unnecessary and prolonged pain and anguish when the time comes, not to mention saving vast sums of money and lowering insurance premiums for everyone.

Equating this with a room full of stern bureaucrats weighing the value of your life in their hands and deciding whether or not you are worthy of treatment was a case of shameful fantasy and hyperbole, and ultimately resulted in this provision being struck from the finished law – and you think that you are doing the American people a service?

Essentially, this seems to come down to a quibble about which invisible, mysterious forces are allowed to exercise life-or-death decisions over us (for after all, there is potentially unlimited demand for healthcare, and very limited resources to go around). Palin seems to prefer the invisible hand over the faceless bureaucrat, but if she could think in full colour rather than monochrome black/white, right/wrong for just a moment, she might realise that rationing of healthcare inevitably occurs in any system, and that the unchecked free market is little better a solution than the dark room of emotionless socialist bureaucrats created by her fevered imagination.

Arizona Joins ‘The List’

I have a partly tongue-in-cheek list of US states that I am currently ‘boycotting’, or have no intention of visiting in the immediate future, either because of unfortunate things that have happened to me there, or most usually because of particularly stupid and offensive laws that have been either proposed or actually voted on and passed in their legislatures.

Arizona was already strongly competing to join this exclusive list (it is difficult to join and even harder to be removed from the list) with the signing by Gov. Jan Brewer of their famous anti-illegal-immigration law, allowing state police to detain anyone suspected of being an illegal immigrant (quite how you tell such a person from a natural US citizen by their appearance or behaviour is anyone’s guess, but I think we all know the criteria they have in mind):

http://www.nytimes.com/2010/04/24/us/politics/24immig.html?_r=1

But then came this gem that I was alerted to by a friend on Facebook – now, the Arizona State Senate Judiciary Committee (a pompous title for a pompous group of individuals) has endorsed a controversial bill that will, if passed, allow Arizona employees to exclude contraception coverage from the healthcare plans that they offer to their employees, if their religious beliefs or moral convictions encourage them to do so. Furthermore, the bill would also allow employers to demand proof of a medical prescription (for non birth-control related reasons) if an employee wishes to claim for contraceptive pills on their health insurance policy.

http://www.statepress.com/2012/03/12/senate-judiciary-committee-endorses-controversial-contraceptive-bill/

Let me count the ways that this is an offensive and idiotic proposal.

The author of the bill – one Debbie Lesko, Republican of course – says that:

“So, government should not be telling the organizations or mom and pop employers to do something against their moral beliefs.”

Okay, well guess what. Maybe I’ll set up shop in Arizona and start a small business. But I am from a small and little-known religion that doesn’t believe in mammograms or cervical cancer screening. I don’t know why, my particular interpretation of my hypothetical holy book just tells me that to test for these diseases to allow early intervention would be an affront to God. So none of my female employees will get to benefit from these forms of healthcare as part of the insurance plan that I provide them. Oh, and my new religion also thinks that heart disease and erectile dysfunction are punishments from God that should be meekly accepted rather than treated, so no Viagra or anti-cholesterol medication for the gents. If you need Viagra to treat some other ailment not connected with erectile dysfunction we can maybe talk about coming to an agreement, but I’ll need a signed letter from your doctor explaining your precise medical history and needs.

Can you imagine the uproar?

Let us be quite clear. This is not about freedom of religion. Many states have been living under an expressed requirement that employers include birth control coverage in their healthcare plans for many years with nary a whisper of complaint until a Democrat named Barack Obama occupied the oval office. This is about slowly trying to establish a fundamentalist Christian theocracy in America, one in which even the overwhelming majority of Christians, myself included, would not wish to live in were it fully implemented. Republicans – who once criticised Obama because of the type of Christian church that he attended and the pastor who preached there – have decided that it would now be more politically fruitful to fan the embers of suspicion that he is in fact a muslim, and that he is launching an all-out assault on “Judeo-Christian” principles.

And while we’re on the topic, can someone please initiate a sensible conversation about moving away from the current employer-based health insurance system in America? Aside from the damage it does to the economy in terms of issues such as impeding mobility of labour (especially important during the current fragile recovery with unemployment so high), if individuals purchased their own health insurance rather than relying on the employer to do it for them, we could sidestep this whole argument about coercing employers to act against their moral beliefs. If Debbie Lesko ever chose to leave her political career and return to the private sector, she wouldn’t have to stay up all night worrying about what naughty things her employees might be doing with the healthcare coverage that she paid for, because the employees would be paying the premiums and taking their chances that they won’t be struck down by lightning for daring to use a condom, or the pill. And I think everyone would sleep better at night as a result.

Arizona, you have been teetering on the brink for a long time now. But congratulations,  you have officially made the list.