Commentary Magazine


Posts For: September 9, 2012

CNN Confronts DWS Over Oren Lie

CNN’s Don Lemon took on the unenviable — and apparently impossible — task of trying to wrench a truthful comment out of Debbie Wasserman Schultz last night. Lemon played DWS audio of her comments about Israeli Ambassador Michael Oren, which contradicted her claim that the Washington Examiner’s Phil Klein misquoted her. Even faced with her own recorded words, DWS continued to insist that Klein misquoted her:

CNN’s Don Lemon: You accused the reporter of misquoting you, you said you didn’t say it. But then in the clip, you said it. And then you said ‘I categorically deny saying it’ — but there it is. How do you respond to that?

Debbie Wasserman Schultz: So Don, if you look at what the Examiner — which is a conservative blog site, so it’s not surprising that they would deliberately misquote me — and I’ll reiterate that they did deliberately misquote me. First, they took only the first line of what i said, and then they cut it off. And so you haven’t played the rest of what I said. And what they did was, they reported that I said that Republican policies were dangerous for Israel, and actually that’s what Ambassador Oren commented on. I never said that Republican policies are bad for Israel.

In fact, Klein never reported that DWS claimed Oren said Republican policies were dangerous for Israel.

Read More

CNN’s Don Lemon took on the unenviable — and apparently impossible — task of trying to wrench a truthful comment out of Debbie Wasserman Schultz last night. Lemon played DWS audio of her comments about Israeli Ambassador Michael Oren, which contradicted her claim that the Washington Examiner’s Phil Klein misquoted her. Even faced with her own recorded words, DWS continued to insist that Klein misquoted her:

CNN’s Don Lemon: You accused the reporter of misquoting you, you said you didn’t say it. But then in the clip, you said it. And then you said ‘I categorically deny saying it’ — but there it is. How do you respond to that?

Debbie Wasserman Schultz: So Don, if you look at what the Examiner — which is a conservative blog site, so it’s not surprising that they would deliberately misquote me — and I’ll reiterate that they did deliberately misquote me. First, they took only the first line of what i said, and then they cut it off. And so you haven’t played the rest of what I said. And what they did was, they reported that I said that Republican policies were dangerous for Israel, and actually that’s what Ambassador Oren commented on. I never said that Republican policies are bad for Israel.

In fact, Klein never reported that DWS claimed Oren said Republican policies were dangerous for Israel.

The article never even mentioned the word “policy,” and the lede made it clear that DWS was talking about GOP criticism of Israel:

Democratic National Committee chair Debbie Wasserman Schultz claimed on Monday that Israel’s ambassador to the United States has accused Republicans of being “dangerous” to Israel by criticizing President Obama’s record.

At the Examiner, Klein responds to DWS’s misstatements about his reporting. Journalists may not be able to get DWS to admit to any inaccurate statements — clearly Lemon gave it a solid try — but how can the media trust anything she says after watching her deny the truth so casually and so often?

UPDATE: Lemon had Klein on last night to answer DWS’s charges in person (video via Mediate):

Read Less

How the Court Made a Bad Bill Worse

In yesterday’s Wall Street Journal, Georgetown law professor Randy Barnett provided a concise summary of the “saving construction” Chief Justice Roberts used to uphold the Obamacare statute. By changing the requirement to buy insurance into an option to pay a penalty, and by making the Medicaid mandate on the states optional as well, the Chief Justice created a revised law he could then deem constitutional. As Prof. Barnett wrote:

By converting the now infamous “individual mandate” into an “option” to buy insurance or pay the remaining “penalty,” he could then uphold the “penalty” as a tax. Then, by similarly rewriting the Medicare requirement being imposed on the states, he was able to “defer” to Congress and uphold the rest of Obamacare. In short, Justice Roberts rewrote the statute so that he could save it in the name of “judicial restraint.”

So what was saved — in the cause of judicial restraint — was a statute judicially re-written, materially different from the one Congress wrote. No one knows if Congress would have passed the rewritten statute in the first place, had it been presented in the form that emerged from the Chief Justice’s opinion: the number of uninsured people covered, the financial cost of the law, and the likely impact on health care are all different from the law Congress enacted. Moreover, in the process, the Chief Justice endorsed a new shared responsibility payment power for Congress that we may see again in the future.

Read More

In yesterday’s Wall Street Journal, Georgetown law professor Randy Barnett provided a concise summary of the “saving construction” Chief Justice Roberts used to uphold the Obamacare statute. By changing the requirement to buy insurance into an option to pay a penalty, and by making the Medicaid mandate on the states optional as well, the Chief Justice created a revised law he could then deem constitutional. As Prof. Barnett wrote:

By converting the now infamous “individual mandate” into an “option” to buy insurance or pay the remaining “penalty,” he could then uphold the “penalty” as a tax. Then, by similarly rewriting the Medicare requirement being imposed on the states, he was able to “defer” to Congress and uphold the rest of Obamacare. In short, Justice Roberts rewrote the statute so that he could save it in the name of “judicial restraint.”

So what was saved — in the cause of judicial restraint — was a statute judicially re-written, materially different from the one Congress wrote. No one knows if Congress would have passed the rewritten statute in the first place, had it been presented in the form that emerged from the Chief Justice’s opinion: the number of uninsured people covered, the financial cost of the law, and the likely impact on health care are all different from the law Congress enacted. Moreover, in the process, the Chief Justice endorsed a new shared responsibility payment power for Congress that we may see again in the future.

In the current issue of Commentary, Tevi Troy in “The ObamaCare Debacle Deepens” demonstrates that:

Quite simply, the Roberts opinion took a bad bill and made it worse. If ObamaCare continues to exist in the form Roberts has devised, with much of the mechanism for funding its requirements stripped out, the consequences for the country and for our health-care system may be even more disastrous than they would have been had the problematic law simply been allowed to stand as it was.

But at least the Chief Justice preserved the reputation of the Court from criticism for judicial activism — what a former University of Chicago law school lecturer alleged would have been “an unprecedented, extraordinary step” if it were to “somehow overturn a duly constituted and passed law.”

The fear of such criticism may have been exaggerated: the same week that the Court upheld Obamacare, it overturned a total of 32 out of 33 state and federal statutes — every one of them a duly constituted and passed law. The Court’s reputation apparently suffered no significant damage from enforcing the Constitution in those cases, and in retrospect if might have been better, as Tevi Troy’s essential article shows, if the Court had applied the Constitution to the 33rd as well.

 

Read Less




Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.