By Lindsay Beyerstein, Media Consortium blogger
Yesterday, President Obama signed health care reform into law. As Mike Lillis explains in the Washington Independent, the bill now proceeds to the Senate for reconciliation. The whole process could be complete by the end of the week. Republicans and their allies have already moved to challenge reform in court.
The fight is far from over, however. Steve Benen of the Washington Monthly notes that Republicans have already filed papers to challenge health care reform in court. The Justice Department has pledged to vigorously defend health care reform, according to Zach Roth of TPM Muckraker.
The legal arguments against health care reform center around the constitutionality of an individual mandate, i.e., the requirement that everyone must carry health insurance. This argument is specious. The bill characterizes the mandatory payments as a tax, and imposes a fine for those who don't pay their insurance tax. There is no question that Congress has the authority to levy taxes in support of the general welfare and providing health insurance to the people easily meets that legal criterion.
Dave Weigel of the Washington Independent reviews some of the other formidable legal barriers to challenging health care reform in court. But take heart, teabaggers! Birther-dentist-lawyer Orly Taitz is on the case.
Violent outbursts from reform opponents
Some anti-reform activists have resorted to intimidation. Five Democratic offices were vandalized in the days surrounding the House vote, as Justin Elliott reports for TPM Muckraker. Someone hurled a brick through the window of the Niagara office of Rep. Louise Slaughter (D-NY), the chair of the powerful House Rules Committee.
Slaughter is notorious on the right for drawing up the controversial "deem and pass" strategy for moving the bill forward. Her plan was never put into action, but she has become a target anyway. Another Democratic office in Slaughter's district was damaged by a brick bearing a quote from conservative icon Barry Goldwater: "Extremism in defense of liberty is no vice."
Elliott notes that a conservative blogger in Alabama is doing his best to incite similar attacks, though it's not clear whether he instigated any of the original five:
...Blogger Mike Vanderboegh has been tracking the breaking of windows at Dem offices after issuing a call Friday: "To all modern Sons of Liberty: THIS is your time. Break their windows. Break them NOW."
Reproductive rights take a hit
Anti-abortion extremist Rep. Bart Stupak (D-MI) failed to get his ultra-restrictive abortion language inserted into the health care bill, but the final bill does impede health insurance coverage for abortion.
For example, those who choose abortion coverage will have to write two checks: One for their regular premium and one for a dollar to go into a separate abortion coverage fund. Many analysts fear that the extra hassles will discourage private insurers from covering abortion at all. Pro-choice activists were in a weaker negotiating position because, unlike Stupak and his allies, they weren't prepared to kill health reform if their demands weren't met.
The greater good?
Now that health care reform is safely signed into law, the pro-choice movement is stepping back and asking itself some tough questions.
In The Nation, Katha Pollitt argues that the pro-choice movement deserves to be rewarded for sacrificing its own agenda for the greater good. She suggests that the Democrats could reward the reproductive rights movement by fully funding the Violence Against Women Act, addressing maternal mortality and other policy changes to advance women's health and freedom.
Jos of Feministing counters that with their go along to get along attitude pro-choice groups have only demonstrated that they can be ignored with impunity: "You don't get rewarded for demonstrating a lack of political power, you get further marginalized."
At RH Reality Check, Megan Carpentier argues that national pro-choice organization like NARAL and Planned Parenthood ceded their leverage too easily. While anti-choicers were beefing up their lobbying presence in Washington, major pro-choice groups were scaling back. Pro-choice groups compromised early and easily, perhaps because they were overly confident that their service to the Democratic cause would be rewarded in the end.
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