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Abby Huntsman

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Does 5-4 Really Matter?

Posted: 04/01/2012 11:05 pm

On Friday, the Supreme Court voted on the constitutionality of the national health care overhaul (also known as ObamaCare, or, according to the GOP, the Obama abomination). As we wait for the ruling, no one can help but to speculate on how a 5-4 verdict against the law might impact the general election. From my perspective, I'll be relieved that we can now remove the popular and overused phrase "Repeal Obamacare" from the GOP vernacular (a Bachmann favorite). More importantly, however, is that this will certainly be a positive development for Romney, giving him a few new lines of attack, while neutralizing his arguably biggest weakness. But, does it swing the pendulum of the election far enough in his direction to make a difference?

In case you missed Peggy Noonan's weekend article in the WSJ, I believe she put it best when she described Obama as having "wasted time that was precious" and further alluded that the administration "follow[ed] an imaginary bunny that disappeared down a rabbit hole." Make no mistake about it -- the president took a gamble when he made his momentous health reform speech in front of the American Medical Association in June 2009. At the time, the Dow Jones was hovering between eight and nine thousand points (about 40 percent below its 2007 highs), unemployment was at 9.5 percent nationally, and the potential impact of the president's stimulus package remained uncertain. Yet, the administration still decided to make the landmark of its first term a health reform bill with a $1 trillion price tag.

We can be sure that the GOP nominee will consistently remind the American people that while our economy was suffering, the president (a former law professor) was busy advocating reforms that weren't within the government's power. And this argument is not a weak one. After all, this was the focus of the administration (and therefore Congress) for about 9 months, from June 2009 until the Affordable Care Act was passed in March 2010.

Beyond President Obama, a ruling disavowing a mandate will also serve to downplay the importance of the GOP front-runner's "biggest weakness." With a newly realized position of strength, Romney will be able to reiterate that what he enacted on behalf of the citizens of Massachusetts not only fit within the limits of the state's constitution but was also the right reform for her people (and, most importantly, not a model he would support at the Federal level). He will also be able to criticize Obama for a failure that can't be blamed on Republicans (e.g., deficits from the wars in Iraq and Afghanistan). Moreover, it will allow Romney to own the forward-thinking narrative on health care reform if he is able to present an alternative approach, ultimately putting the president on defense.

At the end of the day, yes, Obama wasted a lot of executive branch bandwidth on Obamacare, and yes, Romney will have a different avenue through which to attack Obama on health reform. But, the central theme of the 2012 election won't really change. In reality, the performance of the economy and the public's perception of how well Obama handled the crisis will be that much more important to his success in the upcoming election. After all, it will now be one of the few metrics against which voters can evaluate his performance. So, like both Team Romney and Team Obama, we'll all continue to watch the unemployment figures, home and gas prices, and the stock market (among others) as November approaches. For better or worse it will be those numbers (not the outcome of the Supreme Court vote) that will determine our next president.

 

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HUFFPOST SUPER USER
LarryA
Rational & Intelligent - obviously a progressive
11:27 PM on 04/03/2012
Good point Abby, I am glad you will be " relieved that we can now remove the popular and overused phrase "Repeal Obamacare" from the GOP vernacular". I mean after all, we all have billionaire grandaddies like you, so no need to keep insurance companies from kicking sick people off their books.

Spoken like somebody who is acutely in touch with the common man.
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LarryA
Rational & Intelligent - obviously a progressive
11:25 PM on 04/03/2012
Let's see, the current Republican Supreme Court has decided:

There is no need to count votes to determine who wins elections, just give it to the Republican.
Private property owners don't have a right to their own homes if somebody comes along and decides they want it so that they can make some money privately.
Cities have no right to regulate handguns within their own borders, regardless of how bad crime may be.
People who have done absolutely NOTHING wrong can be strip searched over and over again by the police. Too bad.
Corporations are citizens.
It is ok for people or corporations from our country or others to give unlimited amounts of money to politicians, results be dammed. Who cares if our government is owned by a few.
And probably, the interstate commerce clause in our Constitution means nothing if a Democrat gets his way. The "Supreme" Court is so powerful that they can overturn any law that Republicans don't like.

You know what Abby, when you have a radical right-wing extremist activist court using their appointments to overturn the will of the American people for representative government, then yes, 5-4 does matter. A lot.
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HUFFPOST SUPER USER
restarea
'cause we all need one
03:23 PM on 04/03/2012
Since when is making heroic efforts to help out a huge majority of struggling, suffering people "wasting time and presidential bandwidth"? At least he (and other Democrats) are trying. What are the Republicans doing to address our Healthcare crisis?

That's right, nothing! Even worse actually. They waste millions of political minutes and dollars striking down all valiant efforts to improve the Healthcare situations of millions of Americans. They offer no solutions for the everyday American while bending over backwards and forwards) to plump up their boated Healthcare lobbyist and corporation buddies.

Even if the Republican Supreme Court strikes it down, Hooray to President Obama for doing something about it. And we know he won't back down or give up about it. We all need to stay behind him in this battle for us, the everyday Americans, against the Insurance Industry, the Pharmaceutical Industry, the GOP industries.
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zippy335
It's only hypocrisy if someone else does it.
09:24 AM on 04/03/2012
The Constitution limits government. So the question for the Supreme Court is this:

Is there anything in the Constitution that prevents Congress from enacting the ACA?

And the answer is simple: No, there isn't.
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mom792
08:16 AM on 04/03/2012
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Does 5-4 Really Matter?
Posted: 04/ 1/2012 11:05 pm
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". He will also be able to criticize Obama for a failure that can't be blamed on Republicans (e.g., deficits from the wars in Iraq and Afghanistan)"

Do we live in the same country, and have access to the same information? The deficit from these wars, under Bush, were financed off budget, out of the federal budget, through treasury bonds. How on earth can Romney pin this on Obama?
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08:09 AM on 04/03/2012
The professional right needs to take a retreat. You all have painted yourselves into a corner. Romney along with Ryan want to end Medicare and Social Security and Affordable Health and you have no viable policy initiatives. You just argued vouchers and investment accounts are unconstitutional!

Mitt Romney and Republicans make no sense. They argue against Friedman, Reagan, even our own professional generals. Every week is a new number one military enemy. Mitt has to pander to the crony war machine and the lunatics at Fox Nation. He even has to hide his economists from his billionaire friends.

http://gregmankiw.blogspot.com/2007/07/taxation-of-carried-interest.html

While you all have been busy flip-flopping for Fox Nation, President Obama has gotten the job done. He took care of business in Iraq, Pakistan, the Affordable Care Act, jobs, and the economy. All of our best and brightest economists agree with the stimulus and they agree that the Republicans plan to default was nuts.

http://www.igmchicago.org/igm-economic-experts-panel/poll-results?SurveyID=SV_cw5O9LNJL1oz4Xi

Even Bernanke has argued for more fiscal stimulus rather than the gamesmanship of Fox Nation.

The jobless rate for Iraq and Afghanistan veterans has fallen to 7.6%, well below the overall U.S. unemployment rate of 8.3%, and nearly five percentage points below the 12.5% rate for veterans a year ago.

http://money.cnn.com/2012/03/15/news/economy/veterans-jobs/index.htm?iid=HP_Highlight&hpt=hp_t1
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HUFFPOST COMMUNITY MODERATOR
Suzanne525
FourMore, WooHoo!!
07:09 AM on 04/03/2012
Yet again, this is seen as an election issue only. When (if) Republicans decide to seriously address the problem of tens of millions of American citizens without adequate access to healthcare, then perhaps we can move forward on it. Start caring about the middle class. Stop stripping them of opportunity.
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07:21 AM on 04/03/2012
You are ignoring the problem that the health care act will not make health insurance affordable. It is basic economics. When you have a captive market (all people are required to buy health insurance) and you have limited supply/competition (it is difficult to start a new insurance company) prices go up. To avoid this, there either needs to be price controls or it needs to be easier to open insurance companies. Neither of which seems likely.
ProgressMakesSense
The worst are full of passionate intensity
06:49 AM on 04/03/2012
I don't think it matters one way or the other. Mitt Romney is a Wall Street wheeler-dealer. There aren't many people left who put those guys on any kind of pedestal (to put it mildly). I think Obama wins easily. The GOP would have a chance with a "regular" candidate, but a hedge fund Mormon isn't a threat.
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1Kcifar
05:09 AM on 04/03/2012
the Supreme political court will end up voting 5-4 to end health care for 35-50 million U.S. citizens ,stopping insurence firms to not insure problem patients with prior conditions ,will refuse to allow students and other children up to 26 years old TO be inserted back on their parents health policies, refuse to allow women and men free health screening, will end any planned parenthood for women ....which will now allow insurance firms to in crease their policy prices to whatever price they prefer to up their profit margins.

So we will still be the only industralized county in the world without universal health care for its citizens....even Costa Rica has it....but we never will...

Good luck America..you had a chance....but turned it over to 5 Republicans on the Supreme court.
Tim The Enchanter
Gary Johnson 2016
04:36 AM on 04/03/2012
Good for you to admit that, but there's no way that Obama (the law professor) can really benefit from getting smacked down by SCOTUS and sued by 26 different states over an unconstitutional law. He should have known better, picked a different course and for Cliff's sake, not wasted 9 months in the middle of a damaging recession while people are losing homes to try to force people to buy insurance they can't afford. If a Republican had done it, "liberals" would be screaming for his head and all weld be hearing is screams of "fascism!!!"
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gmikejake
resist evil
06:32 AM on 04/03/2012
The ACA, and, very specifically, the "individual mandate," was originally an idea proposed by conservatives. The ACA is a piece of compromise legislation, not created by edict by our President, made necessary by some skillful political manuevering by regressives, particularly in the House ... committee dynamics, cloture, etc. and in the Senate, committee dynamics and threats of filibuster.
If Bush II would have initiated it, regressives would be praising it. Name one piece of legislation that has been supported by our President that was also supported by a majority of regressives, please.
Tim The Enchanter
Gary Johnson 2016
06:41 AM on 04/03/2012
DOESN'T MATTER. We were against it then. Or show me how the Republican majority passed it into law back then. It was a fringe idea with virtually ZERO support.
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07:26 AM on 04/03/2012
Sorry to tell you this, but conservative did not like Bush. He was a "lesser of two evils" choice. Bush was not conservative. He may have been on moral issues, but he was far from conservative on economic and military issues. Deficits and wars against countries that do not attack us are not conservative positions.
03:50 AM on 04/03/2012
personally didn't like this but as compare especially in light of all the previous 5-4 decisions its batter.
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ScaredAcademic
The GOP: Peddling Hate Since '68
03:26 AM on 04/03/2012
This just totally figures. The Right, in an incessant effort to conserve mental resources, cannot think about more than one thing at a time. There's a compelling reason to do this. And to do it NOW. First, it was an issue before the full tilt Bushism drove the economy off the cliff and it will remain so as long as it remains unsolved. Second, our system is INSANE. Freedom of employment is limited by issues of health insurance. There is a bureaucratic nightmare in compliance. And all of this stifles economic activity. Competitiveness, for American business, requires a solution to this; Republicans have so corporate welfarized companies that the clear benefits are hidden beneath a confusing mound of subsidies, accounting tricks, and tax minimization strategies. Let firms do what they do without the interference of health insurance and tons of wasted money and effort can be redeployed to productive activities. Finally, social resources are lost in the current system as preventative care goes undone with massive future costs. Insurance is a backdoor subsidy to social goods. That's far better than all of the subsidies to bads that government promulgates and Republicans defend through tax expenditures.

Its good that the author's in PR and media. If her business involved thinking, well, she'd be without health insurance because she's got very little of that to offer to any employer.
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cocoabisq
There is no sin except stupidity.
08:01 AM on 04/03/2012
F&F
Mochilero
Have backpack, will travel
01:09 AM on 04/03/2012
So just after Obama had taken office we were in the middle of a stock market crash and soaring unemployment. Huntsman's ascribing these numbers to the policies of the new president rather than his predecessor is completely meretricious.
Tim The Enchanter
Gary Johnson 2016
04:37 AM on 04/03/2012
His "policy" was to force you to buy health care insurance in the middle of a recession. Not save homes, not help the homeless, not reverse the trends.
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HUFFPOST COMMUNITY MODERATOR
Suzanne525
FourMore, WooHoo!!
07:12 AM on 04/03/2012
Has anyone been "forced" to buy a policy yet? That hasn't even gone into effect.
08:04 AM on 04/03/2012
Hello....wake up...those without insurance haven't been "forced" to buy anything yet. 2014
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Nathan Brittles
Duc,sequere,aut de via decede
06:30 AM on 04/03/2012
So is continuing to blame Bush for it all after nearly four long years....
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HUFFPOST SUPER USER
gevan
big dubya
12:52 AM on 04/03/2012
Oh my, Social Security and Medicare are unconstitutional. Damn.
Tim The Enchanter
Gary Johnson 2016
04:37 AM on 04/03/2012
The government should pay every one back every dime.
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07:31 AM on 04/03/2012
Those are actually different. That is the US government imposing a tax and then providing a service. The mandate is the US government imposing a penalty if you do not buy something from a private party. Single payer health coverage (or medicare for all) would be Constitutional under the position that social security and medicare are constitutional. It would be a tax charged by the US government who then provides a service.
12:38 AM on 04/03/2012
I like this article. The exception being it draws on the WSJ a once reputable newspaper until I-hate-Obama Murdoch took it over. Like almost news Fox the Wsj should be taken lightly
Tim The Enchanter
Gary Johnson 2016
04:38 AM on 04/03/2012
I've noticed it's gotten way more "liberal" as well.
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HUFFPOST COMMUNITY MODERATOR
Suzanne525
FourMore, WooHoo!!
07:17 AM on 04/03/2012
Murdoch - liberal. That's a good one.