This post originally appeared in USA Today.
A couple of weeks ago, it was reported that GOP House Speaker John Boehner, confident that the Affordable Care Act would be held unconstitutional by the U.S. Supreme Court, put the word out to Republicans to avoid gloating, telling colleagues, "Don't spike the ball."
Now that the top court has upheld the legality of the health care law, my advice to Democrats is the same.
First, the court decision will energize the GOP conservative base more than ever before -- and that's a good thing for Mitt Romney. This is especially so now that the Supreme Court has defined the individual mandate as a tax.
Second, it's still "the economy, stupid." On Election Day 2012, most voters will still be judging which candidate -- Barack Obama or Romney -- will do better at creating jobs, renewing economic growth and prosperity, and paying down America's $15 trillion national debt. So far, Obama's approval ratings are more negative than positive on the economy.
Third, the Supreme Court ruling won't change many minds. Those who were against the health reform act will remain so, whether or not the justices decided 5-4 that it is constitutional.
But here is where Obama faces his greatest challenge -- and opportunity.
Undecided the key
This presidential election will be decided in the "soft center" of undecided voters, which most polls consistently show is 10 percent to 15 percent of the electorate. Up to now, the Republicans have won the message wars on what they negatively call "ObamaCare." The polls show that most Americans oppose the law because they bought the Republican message that the legislation constitutes a socialistic "big government takeover."
Now Obama must hit the reset button and get the facts out more effectively about what is actually in the law -- and what is not. He must and can prove that the law is a predominantly private-sector-based system that provides substantial benefits for the 85 percent of Americans who have insurance, not just the 15 percent who do not.
Getting down to details
For example, Obama should break the act down into the components that polls show a majority of Americans support -- such as guaranteed insurance for those with pre-existing conditions; for those who lose their jobs; for those with children up to the age of 26; and for preventive treatments such as mammograms and annual physicals.
Most importantly, Obama must tell the truth -- even at the risk of offending his liberal base -- that the Affordable Care Act, far from a big government takeover, rests on the conservative principle of allowing only private insurance companies to sell insurance on Internet marketplaces, whether on state-run "exchanges" or private-sector Internet sites.
Obama must also remind everyone that he and the Democrats ultimately rejected allowing even a single government-controlled insurance policy to serve as a "public option" and decided, instead, to allow the private market to provide competition to reduce private insurance company premiums.
In short, Obama has to start talking about health care reform repeatedly as a centrist public-private partnership that has many benefits for all Americans -- in red states as well as blue states. He must command the message heights that the bully pulpit of the presidency uniquely provides him.
The Supreme Court's decision last week gives him no choice -- he won in the court; now he needs to win the court of public opinion.
Lanny J. Davis is a lawyer, author, commentator and was special counsel to President Clinton.
Follow Lanny Davis on Twitter: www.twitter.com/@lannydavis
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Regardless of the ruling's political implications, and I do agree that there is a political upside as well as a political downside to the ruling, the ruling was nonetheless a victory for the American people, and this is what the Democrats are cheering.
Yes, there will be political consequences; and yes, we know that the Republicans are far from conceding defeat. But neither of these circumstances should stop us from appreciating and relishing in this extraordinary historical event.
I also think that most of us are astute enough to know that the ruling will neither change the minds of those voting for or against President Obama or Mitt Romney, nor will it distract attention from the economy. But it's a ruling, in and of itself, that warrants celebration, and I for one choose to celebrate this moment, in spite of the potential political fallout.
How will any of these things solve the problems of the American People....if the Financial Sector is allowed to continue looting us of any gains we may make?
And although I don't have any polls to back this up, but I feel the win energizes the Democratic base. Deep down, we thought the SC was going to rule the mandatory requirement as unconstitutional. We supported Obama because we thought he would change some things. Change has come very slowly, yet with the big win on the ACA, I think it will motivate Obama's base. We don't want a Romney win that could reverse our gains.
Davis is correct that ultimately, the election was be about the economy.
Should we gloat? No. We should feel energyize and ready to work hard to have Obama re-elected.
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"Even if you’re eligible, it’s not free." One study found that 22% of retired senior citizens supplemented their government coverage with retiree benefits of one kind or another. By some estimates, a couple aged 65 or older needs to have more than $300,000 on hand to meet future healthcare costs not covered by Medicare.
Obamacare 2014:
Costs should decrease for everything from prescription drugs to medical devices. Brand name drugs could cost 50% less, and federal subsidies would gradually make up the rest of the cost for Medicare beneficiaries between 2014 and 2020.
http://www.thedailybeast.com/newsweek/2012/07/05/obamacare-it-s-cheaper.html
...and your check is in the mail, no wait the dog ate it... LOL!
Romneycare, everyone is saying is the same, the costs of it have doubled and the feds are picking up the tab, who is going to pick up the tab for Obamacare, China?
Then came the lawsuits...all the way to the Supreme Court...and the nail-biting wait and endless talk and speculation by the media of whether the Court would uphold it or strike it, or parts of it, down.
Come on! You mean to tell me that people aren't aware of what's in the act after all of that discussion and hype?? Someone would have to live on another planet...in a different universe...to not know anything about it!
I have the feeling that it was either overcovered, and people just tuned out, or the neocon voter base just doesn't like it, not matter what's in it.
You'd have to be dead not to know about it, so he might as well save his breath and get on with other issues, instead of getting "sidetracked" trying to justify it...which I'm sure the neocons would just love him to start doing.
During the debates, wanna bet that Romney is gonna tell people this?
Romney isn't talking about keeping anything of Romneycare anymore. I think his neocon puppetmasters told him to keep quiet about giving the poor any breaks. If I were Obama, I'd get him on this issue during the debates.
I'm with you about getting rid of Romney...he's gonna be nothing but a two-time loser if I have my way about it!