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Flashback of the Day (June 28, 2012, 05:21 PM)
Bill O'Reilly promised on the March 26th episode of The O'Reilly Factor to replay his interview with Caroline Fredrickson and "apologize for being an idiot" if the Supreme Court ruled in favor of upholding the individual health care mandate.
Extra Bonus Quote of the Day (June 28, 2012, 04:47 PM)
"As president, Mitt will nominate judges in the mold of Chief Justice Roberts..."
-- MittRomney.com, as found by Andrew Sullivan.
Why Repealing Obamacare is a Fantasy (June 28, 2012, 03:55 PM)
Mitt Romney promised today he would "replace" Obamacare on his first day as president, but it's obviously much harder than that.
David Frum: "Even if Republicans do win the White House and Senate in 2012, how much appetite will they then have for that 1-page repeal bill? Suddenly it will be their town halls filled with outraged senior citizens whose benefits are threatened; their incumbencies that will be threatened. Already we are hearing that some Republicans wish to retain the more popular elements of the Affordable Care Act (ACA). Which means the proposed 1-page bill will begin to grow."
Ryan Lizza: "Far-sighted conservatives always thought that their great hope for toppling Obama's most important legislative achievement was through the courts. They were correct."
Obama Initially Had Wrong Information on Decision (June 28, 2012, 03:42 PM)
President Obama was just outside the Oval Office this morning "when he got the news -- erroneous, as it turned out -- that the U.S. Supreme Court had struck down the individual mandate in his signature health care law, deeming it unconstitutional," ABC News reports.
"Standing with White House chief of staff Jack Lew and looking at a television in the 'Outer Oval' featuring a split screen of four different networks, the president saw graphics on the screens of the first two cable news networks to break the news -- CNN and Fox News Channel -- announcing, wrongly, that he had lost."
A Win is a Win for Obama (June 28, 2012, 03:06 PM)
Nate Silver notes that "given the public's confusion over the health care law, my view has been to keep it simple: Mr. Obama got the good headline here, and that is likely to be most of what the public reacts to."
Bloomberg TV: Who wins in Supreme Court health care ruling?
How Republicans Could Eliminate the Mandate (June 28, 2012, 02:50 PM)
Timothy Carney notes that repealing the individual health care mandate takes only 51 votes in the U.S. Senate because you can't filibuster a bill passed under "budget reconciliation." Since the Supreme Court ruled today that the health care law's individual mandate is a tax, Republicans "could simply lower the tax for not having health insurance down to $0.00, as a matter of budget reconciliation."
"Since it's a tax and not a mandate, there can't be any penalty for not having health insurance above and beyond the tax. So, voila! No more mandate!"
However, a reader points out that the Byrd rule prohibits using reconciliation to cut taxes without offsetting revenue increases.
Emanuel Glad Obama Didn't Listen to Him (June 28, 2012, 02:41 PM)
Chicago Mayor Rahm Emanuel told the Chicago Tribune that the Supreme Court's healthcare decision was "historic" and that it was a good thing President Obama ignored his warnings about the political perils of tackling health care.
Said Emanuel: "I gave him my advice. I told him many times (about) the political cost of doing this. And thank God for the country, he didn't listen to me."
He added that having Chief Justice John Roberts, a Republican appointee, tip the balance of the court was "rich with irony."
Did Roberts Reverse Himself? (June 28, 2012, 02:04 PM)
David Bernstein: "Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. Did Roberts originally vote to invalidate the mandate on commerce clause grounds, and to invalidate the Medicaid expansion, and then decide later to accept the tax argument and essentially rewrite the Medicaid expansion (which, as I noted, citing Jonathan Cohn, was the sleeper issue in this case) to preserve it? If so, was he responding to the heat from President Obama and others, preemptively threatening to delegitimize the Court if it invalidated the ACA? The dissent, along with the surprising way that Roberts chose to uphold both the mandate and the Medicaid expansion, will inevitably feed the rumor mill."
Rick Hasen: "In this Politico op-ed, I noted how ludicrous it was to talk about the Chief facing threats, pressure, and bullying. But if the Chief is sensitive to the institutional legitimacy of the Court and a desire to preserve his political capital for other reasons, then it is possible he was waffling in the face of the torrent of commentary. But how did the waffling leak out? An interesting question to say the least."
"Now, Teddy Can Rest" (June 28, 2012, 01:39 PM)
National Journal reports that after the Supreme Court's health care decision House Minority Leader Nancy Pelosi (D-CA) called Vicki Kennedy, widow of the late Sen. Ted Kennedy (D-MA), and told her, "Now, Teddy can rest."
Roberts Chooses Judicial Restraint Over History (June 28, 2012, 01:32 PM)
Noah Feldman says the Supreme Court could have made history striking down President Obama's health care law but instead chose the more cautious path.
"In the spirit of Justices Oliver Wendell Holmes and Felix Frankfurter, the court adopted the strategy of judicial restraint. The man most responsible for this comes as a surprise: Chief Justice John Roberts, a tried and tested conservative appointed by George W. Bush to the near-universal plaudits of the right. Roberts said in his confirmation hearings that he believed in judicial restraint. That has become a cliche, repeated by every would-be judge raising a right hand before a Senate committee. When the chips were down, Roberts did exactly what he had sworn to do under oath. He stayed the court's hand and rejected activism."
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