Commentary Magazine


Topic: Affordable Care Act

Religious Liberty Trumps ObamaCare

In ruling against the ObamaCare contraception mandate today in Burwell v. Hobby Lobby, the U.S. Supreme Court upheld a fundamental principle of American law. While the administration hoped to establish a precedent that would have ensured that its policy goals about free contraception and abortion overrode the rights of individuals, the court said no. Religious freedom trumps ObamaCare and the government’s war on faith.

Read More

In ruling against the ObamaCare contraception mandate today in Burwell v. Hobby Lobby, the U.S. Supreme Court upheld a fundamental principle of American law. While the administration hoped to establish a precedent that would have ensured that its policy goals about free contraception and abortion overrode the rights of individuals, the court said no. Religious freedom trumps ObamaCare and the government’s war on faith.

At stake in this case was the question of whether the government could compel companies to pay for services that its owners asserted violated their right to religious freedom. In this case, it was the abortion-inducing drugs that the Christian owners of the Hobby Lobby chain of stores refused to include in the insurance coverage they offered employees. The government’s position was that such companies do not have First Amendment rights that protect free exercise of religion. But what the court has done today is to make clear that no policy goal justifies abrogating religious freedom.

Doing so does not overturn the Affordable Care Act or make it unworkable. Indeed, the decision will probably not even affect the ability of individuals who work for such companies to get free coverage for such drugs since it is likely that the government will now step in and pay for them. Nor does it claim that all companies can assert such rights since the decision restricts itself to the fate of closely held corporations rather than public companies run by people with diverse views and interests. But it does deal a devastating blow to the concept that government mandates can run roughshod over religious freedom when applied to those who do business.

Had the government prevailed, the result would have been a new cribbed version of religious freedom that would have allowed it only in houses of worship or at home but not in the public square. Under those circumstances, those choosing to operate businesses or to avail themselves of the protections afforded those who incorporate enterprises would be forced to make a choice between their faith and their economic interests. As Justice Alito rightly notes in the majority decision, when Congress passed the Religious Freedom Restoration Act, it “designed the statute to provide very broad protection for religious liberty and did not intend to put merchants to such a choice.”

Liberals have mocked the idea that corporations are individuals with rights, whether of political speech (which the court protected in the Citizens United decision) or religious liberty as in this case. But the point here is that by extending free exercise rights to corporations, the Constitution is guaranteeing them to the individuals who own them. Citizens are not stripped of their religious freedom when they incorporate.

Similarly, opponents of Hobby Lobby and the other companies associated with this case have asserted that granting religious liberty to such entities creates a slippery slope that will enable all sorts of discrimination in the name of faith. But, as the court held, the government has a compelling interest in protecting citizens against such actions. It could make no such case for forcing business owners to pay for abortion-inducing drugs.

The mandate’s supporters have sought to frame this issue as one of women’s rights or health but that is utterly specious. No one is preventing anyone from obtaining contraception or abortions in this case. But it does not follow that the government has the right to compel companies to pay for such services when they contradict the religious beliefs of its owners. Those who wish not to be forced to pay for such services are not imposing their faith on others. It is, instead, the government that is trying to force people of faith to abandon their values if they want to operate publicly.

This precedent will not apply to companies with diverse ownership that do not all agree about religion. Yet by carving out a place in the public sphere for companies like Hobby Lobby, whose proprietors live out their faiths even when they do business, the court has reminded a government whose appetite for power seems unquenchable that the First Amendment protections of religious expression apply in the business world as much as they do in churches, synagogues, or mosques.

One needn’t agree with the Green family, which owns Hobby Lobby, or with the Catholic Church that successfully campaigned for exempting religious institutions and non-profits from the mandate, about either contraception or abortion, to understand that if the government can take their rights away, no one’s freedom is safe.

At the heart of this case was more than a government regulation. Universal healthcare is, in principle, a noble goal. But when it is interpreted to mean that the government guarantees those who wish to avail themselves of contraception or abortion services may compel those whose faith opposes these things to give it to them for free, it becomes a form of tyranny. Even if we were to concede that the Affordable Care Act is good for the country, which I do not, its ambition to expand insurance coverage is not sufficient to justify mandates that treat religious liberty as an afterthought at best.

As with so many other difficult cases being decided by the court these days, Hobby Lobby hinged on the attempt to balance the desire of liberals to expand the power of government with constitutional principles. Religious liberty may not be set aside merely because it can, under some circumstances, interfere with the liberal project. The Constitution can be a very inconvenient document for those who want to ignore its restrictions on the ability of government to do what it likes. But at least in this instance, the court has reminded us that religious freedom cannot be sacrificed on the altar of President Obama’s signature health-care law.

Read Less

Sinking Poll Results Debunk Dem Optimism

Earlier this month Democrats were sounding more optimistic about their political prospects than they had been in more than a year. Though their credibility was doubtful, the ObamaCare enrollment figures were enough to cause the president to do not one, but two separate touchdown dances over the fact that the government had managed to cajole several million Americans to sign up on the Healthcare.gov website. All this was enough to cause many left-leaning pundits to rethink their pessimism about the Democrats’ chances of retaining control of the Senate. But, like the upbeat stories about ObamaCare that will look pretty silly once the delayed unpopular mandates are put into place and insurance costs start skyrocketing, the liberal happy talk about 2014 was always bound to crash and burn sooner rather than later. As the new Washington Post/ABC News poll published today illustrates, the administration is actually more unpopular than ever.

The Post/ABC poll shows President Obama’s approval rating sinking to a new low—41 percent—and a clear majority of voters stating that they believe Republicans should control Congress to act as a check on the administration’s agenda. This is a significant blow to Democratic hopes of building some momentum to derail a big midterm victory for the GOP. But what is truly interesting about the numbers is that they show that it is not just ObamaCare that is hurting the Democrats. The president’s foreign-policy failures are now starting to impact his standing with the public in a manner they haven’t done before.

Read More

Earlier this month Democrats were sounding more optimistic about their political prospects than they had been in more than a year. Though their credibility was doubtful, the ObamaCare enrollment figures were enough to cause the president to do not one, but two separate touchdown dances over the fact that the government had managed to cajole several million Americans to sign up on the Healthcare.gov website. All this was enough to cause many left-leaning pundits to rethink their pessimism about the Democrats’ chances of retaining control of the Senate. But, like the upbeat stories about ObamaCare that will look pretty silly once the delayed unpopular mandates are put into place and insurance costs start skyrocketing, the liberal happy talk about 2014 was always bound to crash and burn sooner rather than later. As the new Washington Post/ABC News poll published today illustrates, the administration is actually more unpopular than ever.

The Post/ABC poll shows President Obama’s approval rating sinking to a new low—41 percent—and a clear majority of voters stating that they believe Republicans should control Congress to act as a check on the administration’s agenda. This is a significant blow to Democratic hopes of building some momentum to derail a big midterm victory for the GOP. But what is truly interesting about the numbers is that they show that it is not just ObamaCare that is hurting the Democrats. The president’s foreign-policy failures are now starting to impact his standing with the public in a manner they haven’t done before.

Breaking the numbers down on an issue-by-issue analysis, it’s clear that the country’s chronic problems are still damaging the president’s poll numbers. The 54-42 percent margin of disapproval for Obama’s handling of the economy remains the Democrats’ big problem heading into a congressional election where they are already at a disadvantage because of the need to defend so many of the Senate seats won in the president’s 2008 victory. The 57-37 percent result with respect to disapproval of the way Obama handled the rollout of the misnamed Affordable Care Act is also, despite the early April happy talk, an impenetrable obstacle to Democrats seeking votes in non-blue states. Given that the poll was conducted in the aftermath of the administration’s efforts to hype what they considered to be the success of the health-care law, this is a staggering blow to those liberals who have been insisting that its popularity would finally begin to grow after years of the majority of Americans opposing the measure.

Nor can Democrats take their usual solace from the unpopularity of Congress and their faith that House Republicans will always be blamed more for the country’s problems than the administration. When asked to apportion responsibility for the country not being on the right track (respondents said the country was heading in the wrong direction by a staggering 66-30 percent margin), 40 percent said it was both parties’ fault with 18 percent blaming the president and the Democrats and only six percent saying it was the fault of the Republicans in Congress. This dovetails with the answers to the question about whether it was necessary to have the Congress in the hands of Obama’s opponents so as to put a brake on his agenda.

The poll also should dispel Democratic optimism about ObamaCare’s popularity growing.  As the Post’s Dan Balz and Peyton M. Craighill report:

The Post-ABC poll found that 44 percent say they support the law while 48 percent say they oppose it, which is about where it was at the end of last year and in January. Half of all Americans also say they think implementation is worse than expected.

Last month, a Post-ABC poll found 49 percent of Americans saying they supported the new law compared with 48 percent who opposed it. That finding was more positive for the administration than most other polls at the time. Democrats saw it as a possible leading indicator of a shift in public opinion, but that has not materialized.

But what is also interesting is that foreign and defense policy—issues that have been a source of strength for the president—may now be a distinct liability. Whereas the president was able to portray himself as tougher than Mitt Romney in 2012 by reminding voters who was the one who ordered Osama bin Laden’s killing, the humiliations he has suffered on Syria and now Ukraine have undermined that narrative. Indeed, fewer Americans approve of the president’s handling of the Ukraine crisis (34 percent) than of the way he managed the ObamaCare rollout (37 percent) with large majorities disapproving of both.

The Democrats are not without assets heading into November. Their dominance on social issues as they beat the drums for their faux “war on women” campaign against the GOP is something they hope to exploit. Their embrace of a populist message on income inequality may be economic snake oil but it also has traction with much of the public. But, as the Post points out, Obama’s popularity is now roughly comparable to that of George W. Bush at the same point in his presidency. That is a depressing reminder for Democrats who have been seeking a reason to believe that they would somehow beat the odds and history and not suffer the usual walloping that the party in power gets during the midterm election of a second-term presidency. Despite the early April optimism about the Democrats that the administration’s media cheerleaders have been feeding the public, the outlook remains grim for a president sinking inevitably into lame duck irrelevance.

Read Less

ObamaCare Horror Stories Aren’t Lies

Last Thursday, President Obama used the announcement that there were now eight million people signed up for ObamaCare as the excuse for yet another touchdown dance celebrating what he touted as the success of his signature health-care law. The president’s boasts were as unfounded as the numbers are bogus. As I wrote then, not only are the figures for enrollment untrustworthy because so many of those being counted have not paid for their insurance, but they also include many Americans who lost their insurance because of the law and are now saddled with higher costs and coverage that doesn’t suit their needs. These ObamaCare losers may well equal or outnumber the number of those who have actually benefitted from it. Even more to the point, the administration’s delays of many of the provisions of the law have put off the negative impact it will have on jobs and the economy until after the midterm elections.

Americans are bracing for massive health-care cost increases next year. Stories about the hardships faced by many individuals and companies as a result of ObamaCare have been cited by the law’s critics. But the president has denounced them, and other Democratic apologists such as Senate Majority Leader Harry Reid have claimed they are falsehoods or outright inventions cooked up by the Koch brothers and other conservatives. The truth, however, is not hard to discover. After reading the piece I wrote last week about the president’s claims, one Connecticut businessman (who wishes to remain anonymous) whom I know wrote to me to tell the story of his company’s experience with the law and the way his representatives in Washington had responded to his complaints. Here is his story:

Read More

Last Thursday, President Obama used the announcement that there were now eight million people signed up for ObamaCare as the excuse for yet another touchdown dance celebrating what he touted as the success of his signature health-care law. The president’s boasts were as unfounded as the numbers are bogus. As I wrote then, not only are the figures for enrollment untrustworthy because so many of those being counted have not paid for their insurance, but they also include many Americans who lost their insurance because of the law and are now saddled with higher costs and coverage that doesn’t suit their needs. These ObamaCare losers may well equal or outnumber the number of those who have actually benefitted from it. Even more to the point, the administration’s delays of many of the provisions of the law have put off the negative impact it will have on jobs and the economy until after the midterm elections.

Americans are bracing for massive health-care cost increases next year. Stories about the hardships faced by many individuals and companies as a result of ObamaCare have been cited by the law’s critics. But the president has denounced them, and other Democratic apologists such as Senate Majority Leader Harry Reid have claimed they are falsehoods or outright inventions cooked up by the Koch brothers and other conservatives. The truth, however, is not hard to discover. After reading the piece I wrote last week about the president’s claims, one Connecticut businessman (who wishes to remain anonymous) whom I know wrote to me to tell the story of his company’s experience with the law and the way his representatives in Washington had responded to his complaints. Here is his story:

As usual, your column regarding President Obama and the Affordable Care Act was insightful and on target. Here’s a real world example of the future negative effects on businesses and individuals we aren’t likely to hear from the White House.

In November of last year, I met with our health insurance broker and learned that the renewal of our policy for our company’s employees would result in a 53 percent increase in premiums – largely due to increased mandates and other nuances of the Affordable Care Act. We developed a short-term solution by renewing our current policy (pre-ACA) for another year and moving its effective date from January 1, 2014 to December 1, 2013. This adjustment allowed us to avoid the effect of the new ACA requirements that took effect on January 1, 2014. Our premiums under this alternate plan increased, but only by 9%. I realize we’re a small company and this is but a single case. However, our broker indicated this scenario is likely to play out in many organizations next year.

In early January, we sent a letter describing this situation to our Governor, Congressman, and Senators. Finally, last week Senator Chris Murphy responded with what was essentially a staff-drafted form letter. No responses from our other elected officials have been received to date. Sen. Murphy’s letter completely ignored our message — specifically that our premiums were about to increase by 53 percent. Instead, the letter claimed, “research indicated the ACA should stabilize and possibly decrease health care premiums for small businesses and individuals.”

Silly me, I guess the emperor really does have clothes after all.

As I mentioned, the large increase resulted, in part, from certain mandates not previously covered. However, Connecticut already had a lot of mandated benefits in place (thanks primarily to our state’s kind-hearted special interest advocates). The large increase also resulted from a change in the way coverage for dependents will now be rated and priced. Previously, dependents were treated similarly across all age cohorts. Under the ACA, dependent coverage is and will be rated and priced separately for each age – with costs significantly increasing among the 18-26 year age cohorts. So, for people with kids of college age and a few years older, premiums are likely to increase significantly.

The “blame” for this spike can probably be placed more on the insurance industry than specifically the Congressional staffers who drafted the ACA. However, my understanding is the insurance industry was heavily involved with developing the legislation and, of course, the industry was an advocate for the enactment of the ACA. What a surprise that insurers will benefit from the new law.

By backdating its policy, this company saved itself from a devastating increase in 2014. But that won’t be possible in 2015 when it and innumerable other small, mid-sized, and large companies will be faced with the enforcement of more ObamaCare mandates. The impact of these increases on the ability of businesses to maintain their level of employment and benefits will be considerable. So, too, will the effect of this massive federal power grab on the economy. Thus, in addition to the millions of individual ObamaCare losers that lost their coverage, in 2015 we will have countless others who will suffer from the law.

All this means that, contrary to the president’s claims and demands that critics shut up and do as he says, the debate over ObamaCare is far from over. If anything, as this one businessman seems to be telling us, in 2015 it will just be getting started. 

Read Less

Obama’s Boasts Won’t End OCare Debate

Two weeks after he first claimed victory after the ObamaCare enrollment deadline, President Obama was spiking the ball again as he demanded that Republicans stop trying to overturn his signature health-care law in an impromptu press conference. The excuse for the president’s appearance in front of the White House press corps today was the claim that the number of those enrolled in the plan has now exceeded eight million. That figure was, he said, enough to not only stop Democrats from seeking to avoid blame for their responsibility in foisting the unpopular law on an unwilling public but also to effectively silence its many vocal critics:

I think we can agree that it is well past time to move on, as a country…The point is, this debate is and should be over. The Affordable Care Act is working. The American people don’t want us re-fighting the battles of the past five years.

But the assumption that the government’s successful efforts to pressure or persuade several million people to sign up for ObamaCare means that it is “working” is completely unwarranted. It’s not just that the figures put forward by the administration are unreliable for a number of reasons. Even if we assumed that there really were eight million ObamaCare policyholders, the real test of this law’s viability and its ability to endure has yet to come. Not until we see just how many of those signed up are young and healthy enough to help pay for the vast number of sick and elderly covered by it will we know if it can pay for itself. And it won’t be until next year when the employer mandate and many other more painful provisions of the law are finally implemented that it will be clear whether the entire scheme can survive and how much damage it will inflict on the economy.

To speak of the debate being over now isn’t merely wishful thinking on the president’s part. It’s a conscious effort to both deceive and distract the American public from the very real problems associated with the misnamed Affordable Care Act. Try as he might, more boasts and attempts to shut up opponents won’t end this debate or ensure ObamaCare’s survival.

Read More

Two weeks after he first claimed victory after the ObamaCare enrollment deadline, President Obama was spiking the ball again as he demanded that Republicans stop trying to overturn his signature health-care law in an impromptu press conference. The excuse for the president’s appearance in front of the White House press corps today was the claim that the number of those enrolled in the plan has now exceeded eight million. That figure was, he said, enough to not only stop Democrats from seeking to avoid blame for their responsibility in foisting the unpopular law on an unwilling public but also to effectively silence its many vocal critics:

I think we can agree that it is well past time to move on, as a country…The point is, this debate is and should be over. The Affordable Care Act is working. The American people don’t want us re-fighting the battles of the past five years.

But the assumption that the government’s successful efforts to pressure or persuade several million people to sign up for ObamaCare means that it is “working” is completely unwarranted. It’s not just that the figures put forward by the administration are unreliable for a number of reasons. Even if we assumed that there really were eight million ObamaCare policyholders, the real test of this law’s viability and its ability to endure has yet to come. Not until we see just how many of those signed up are young and healthy enough to help pay for the vast number of sick and elderly covered by it will we know if it can pay for itself. And it won’t be until next year when the employer mandate and many other more painful provisions of the law are finally implemented that it will be clear whether the entire scheme can survive and how much damage it will inflict on the economy.

To speak of the debate being over now isn’t merely wishful thinking on the president’s part. It’s a conscious effort to both deceive and distract the American public from the very real problems associated with the misnamed Affordable Care Act. Try as he might, more boasts and attempts to shut up opponents won’t end this debate or ensure ObamaCare’s survival.

The problem with the eight million figure is the same as the seven million number he celebrated earlier in the month. We still don’t know how many of these signups are mere computer forms and how many are paid insurance policies. A conservative estimate is that at least 20 percent of them are not paid and thus shouldn’t be counted. Nor is there any credible assurance that most of those being counted are people who didn’t have insurance prior to ObamaCare. Indeed, there is good reason to believe that, far from being satisfied customers whose enrollment constitutes an endorsement of the plan, many are people who lost existing insurance plans because of the advent of ObamaCare and have been forced onto the scheme where they find themselves paying for more expensive policies that aren’t what they wanted in the first place.

The president did point out that it is now believed that 35 percent of those who signed up are young and healthy. That is higher than previous estimates but still below the 40 percent that is thought to be the cutoff point for financial viability. Like the hype about the enrollment numbers, the president is hoping that merely by exceeding expectations he can convince Americans that ObamaCare is here to stay. But when it comes to assessing the law’s success or its long-term survival, expectations are irrelevant.

Nor is there any proof that most of those who stand to benefit from the plan—those without insurance or with pre-existing conditions—are actually signing up in the numbers that we were promised. The president’s challenge to Republicans to come up with an alternative that will help this segment of the population is an empty one and he knows it. If all the government wanted to do was to cover such persons, they could have done so without creating a massive government power grab that threatens to overturn the health-care industry and hurt almost as many people as it will help.

Moreover, it won’t be until next year when the politically motivated delays of the implementation of many of the law’s mandates and provisions are put in place that we will know just how serious that damage will be. Nor will we know until then just how massive the cost increases for insurance will be though even the president acknowledged they will go up. With most of the young and healthy uninsured not signing up, rates will skyrocket as companies are forced to pass on the costs of covering those with pre-existing conditions. The president’s claims that the rate of increases are going down won’t convince many who will be paying more in the coming years that the president’s boasts are justified.

The president is right—at least for the next two and a half years—when he says that ObamaCare can’t be repealed. And he’s also right that any changes will have to take into account the need to cover those who previously had no insurance. The final verdict on ObamaCare’s ability to function and the amount of damage it will do has yet to be heard. But the president is dead wrong to think that merely repeating over and over again that the debate is over will make it so.

Read Less

OCare Study: Obama’s TD Dance Premature

After President Obama’s enrollment deadline touchdown dance, some Democrats have been trying to act as if the health-care law to which they have tied their political fortunes is a grand success. Many in the news media have followed their lead and concluded that the claim that 7.1 million Americans had signed up for the scheme by the April 1 deadline meant that doubts about its viability or popularity were put to rest. The fact that perhaps as many as 20 percent of those being counted as happy ObamaCare customers haven’t paid their premiums—and thus aren’t covered—is being ignored. So is the fact that it is entirely likely that the vast majority of those included in the 7.1 million figure were not previously uninsured, meaning that many were forced out of their old, preferred plans and are now paying more for coverage they didn’t want.

But a new study from Express Scripts, the large pharmacy benefits-managing company, reveals something else that ought to depress those liberals throwing victory parties for the success of the misnamed Affordable Care Act: those signing up for ObamaCare appear to be older, sicker, and more dependent on expensive, specialty drugs than the average person covered by employer-based health insurance. Though it’s possible that the last-minute surge of signups may reduce the preponderance of sick people among those covered by ObamaCare, the results among the early enrollees show that the expectation that the program will be able to pay for itself is almost certainly misplaced. Moreover, the imbalance in favor of the sick means that the price of insurance may go up even higher next year than had already been predicted. While Democrats may be relieved that those price increases won’t go into effect before November, the country may need to brace itself for a tsunami of outrage in 2015 after an ObamaCare-fueled hike sends insurance costs skyrocketing.

Read More

After President Obama’s enrollment deadline touchdown dance, some Democrats have been trying to act as if the health-care law to which they have tied their political fortunes is a grand success. Many in the news media have followed their lead and concluded that the claim that 7.1 million Americans had signed up for the scheme by the April 1 deadline meant that doubts about its viability or popularity were put to rest. The fact that perhaps as many as 20 percent of those being counted as happy ObamaCare customers haven’t paid their premiums—and thus aren’t covered—is being ignored. So is the fact that it is entirely likely that the vast majority of those included in the 7.1 million figure were not previously uninsured, meaning that many were forced out of their old, preferred plans and are now paying more for coverage they didn’t want.

But a new study from Express Scripts, the large pharmacy benefits-managing company, reveals something else that ought to depress those liberals throwing victory parties for the success of the misnamed Affordable Care Act: those signing up for ObamaCare appear to be older, sicker, and more dependent on expensive, specialty drugs than the average person covered by employer-based health insurance. Though it’s possible that the last-minute surge of signups may reduce the preponderance of sick people among those covered by ObamaCare, the results among the early enrollees show that the expectation that the program will be able to pay for itself is almost certainly misplaced. Moreover, the imbalance in favor of the sick means that the price of insurance may go up even higher next year than had already been predicted. While Democrats may be relieved that those price increases won’t go into effect before November, the country may need to brace itself for a tsunami of outrage in 2015 after an ObamaCare-fueled hike sends insurance costs skyrocketing.

The problem here is that having established ObamaCare as an entitlement that they believe can never be revoked, the administration has stuck the health-care system with a situation that is a financial nightmare. As the New York Times reports:

Julie Huppert, vice president for health care reform at Express Scripts, said she expected to see the picture change as the year progressed. But she said this early glimpse was crucial for insurers, which were already setting their rates for next year.

“There may not be enough time to assess much more than this,” she said.

The study found that six of the 10 most costly drugs in the marketplace plans, in terms of total spending, were specialty drugs, in contrast to four of the top 10 drugs in employer plans. The higher use of specialty drugs could point to additional health care costs, some said.

“The medication is only the tip of the iceberg,” said Daniel N. Mendelson, chief executive of the consulting firm Avalere Health. “What goes along with that is a need for physician visits and, often, hospitalizations associated with complications from the conditions.”

In addition to finding increased use of drugs to treat pain, seizures and depression, the study also found that 6 in every 1,000 prescriptions in the marketplace plans were for drugs that treat H.I.V., a number that was nearly four times the figure among those with employer coverage.

While the president and his supporters may take credit for making it easier for those with pre-existing conditions to gain coverage, if enough young and healthy consumers have not been suckered into signing up, insurance companies are going to be stuck with paying for all those sick and elderly Americans who have been shunted into the program. That means they are going to have to drastically raise prices the next chance they get.

Just as bad is the sticker shock many of those who are now part of the ObamaCare program are experiencing when they go to the pharmacy:

Some consumers who signed up for marketplace plans said they were shocked when they made their first visit to the pharmacy this year. Lawrence Cwik, a photographer in Portland, Ore., said his monthly contribution for Atripla [an H.I.V. drug] increased to $1,018, from $40, when he switched to a new marketplace plan after his old plan was canceled. Both were through Regence BlueCross BlueShield of Oregon.

Mr. Cwik, 55, said he complained and the insurer agreed to reduce his out-of-pocket payment to $40 for the rest of this year, “but beyond that, I’m pretty much out of luck.”

That scenario is being played out across the country countless times this year as those who lost previous coverage as a result of ObamaCare’s implementation pay the price of the president’s great “success.”

Democrats and even many Republicans long believed that once it went into effect, ObamaCare would become as beloved as Social Security or Medicare. But despite the White House celebrations about the enrollment figures, that assumption is still unfounded. The long-term costs of this law for many Americans will be devastating. The more people experience it, the less popular it is likely to get.

Read Less

Obama TD Dance a Poor Strategy for Dems

The White House is claiming that President Obama’s celebratory speech this afternoon in the Rose Garden was not a “victory lap” but it was clear to everyone who watched the address that it was more of a touchdown dance than a sober evaluation of the implementation of his signature health care law. Given the mistake-filled rollout of ObamaCare, the fact that the numbers reported by the government indicated that it had exceeded the seven million goal that had been set as the goal for the open enrollment period, the administration felt it had good reason to spike the ball and that’s exactly what the president did.

But in doing so, the president not only misrepresented the nature of what had actually been accomplished, he also mischaracterized the nature and the extent of the opposition to the law. Though their ability to tout the enrollment numbers made for probably the best 24-hour news cycle for ObamaCare that it’s had in years, nothing he said changed the fact that as many Americans have reason to dislike the plan as those who are benefitting from it. While the president boldly proclaimed that the misnamed Affordable Care Act “was here to stay” and that the debate is over, if he thinks Democrats are going to take his cue and spend 2014 running on ObamaCare rather than away from it, he’s mistaken.

Read More

The White House is claiming that President Obama’s celebratory speech this afternoon in the Rose Garden was not a “victory lap” but it was clear to everyone who watched the address that it was more of a touchdown dance than a sober evaluation of the implementation of his signature health care law. Given the mistake-filled rollout of ObamaCare, the fact that the numbers reported by the government indicated that it had exceeded the seven million goal that had been set as the goal for the open enrollment period, the administration felt it had good reason to spike the ball and that’s exactly what the president did.

But in doing so, the president not only misrepresented the nature of what had actually been accomplished, he also mischaracterized the nature and the extent of the opposition to the law. Though their ability to tout the enrollment numbers made for probably the best 24-hour news cycle for ObamaCare that it’s had in years, nothing he said changed the fact that as many Americans have reason to dislike the plan as those who are benefitting from it. While the president boldly proclaimed that the misnamed Affordable Care Act “was here to stay” and that the debate is over, if he thinks Democrats are going to take his cue and spend 2014 running on ObamaCare rather than away from it, he’s mistaken.

Inside the bubble in which the president lives, it’s possible to pretend that the problems causing job losses and individual hardships are Republican hoaxes that have been “debunked.” But the basic problem with the health care law remains. Unlike other landmark pieces of legislation like Social Security and Medicare that became untouchable once they were implemented, ObamaCare has created a vast class of people who have been hurt by it.

Though undoubtedly many people with pre-existing conditions or in poverty are now eligible for coverage they didn’t have before — something that conservative critics must take into account as they propose alternatives. But they are offset by those who have lost existing coverage and are now either out of luck altogether or forced to accept more expensive plans that are not to their liking. Even more are or will soon be forced to give up their existing doctors because of the chaos created by the new scheme.  As we noted again yesterday, the enrollment numbers announced today are anything but reliable. With at least 20 percent of those claimed as signed up yet to pay for their coverage and with many likely never to do so, the seven million number is a vast exaggeration. Nor is there much evidence for the notion that those included in that total were not previously covered by other kinds of insurance.

Moreover, Americans are not stupid. They understand that some of the greatest problems are yet to come because of the delays in implementing those parts of the law that are most problematic such as the employer mandates that will hurt employment and thrust millions of Americans out of better plans to the ones that ObamaCare forces them into.

But it must also be noted that what is most disconcerting about Obama’s arguments is not his blind faith in the value of what he has accomplished as the arrogant contempt for critics that he displays. For Obama, those who continue to oppose this government power grab that has hurt our health care system more than it helps are simply opposed to helping people in need. He is not so much in disagreement with their reasoned arguments or the many examples of those who have been hurt by ObamaCare as he simply thinks his opponents are liars are out to victimize the poor and the sick. His self-regard is matched only by his dishonestly and his desire to demonize those who oppose his plans.

Buy while this is the sort of speech that plays well to hand picked crowds of sycophants, it won’t play as well on the campaign trail this year in swing or red states where Senate seats are at stake. The White House may be urging his party to follow his lead and double down on a law that has always been opposed by most Americans. But that has more to do with Obama seeking to burnish his legacy than the survival of endangered Democrats. Their “fix it, don’t nix it” approach to the issue is already a difficult sell outside of deep blue strongholds. Embracing the president’s stand would be nothing short of a suicide run for any Democrat in trouble. Obama may think the debate is over but what he will find out before the year is over is that it is only getting started.

Read Less

Deadline Is ObamaCare’s “Mission Accomplished” Moment

It was, perhaps, fitting that the same website that debuted to the scorn of the nation last fall would crash on the last day of the six-month period for enrollment in ObamaCare. Just as the administration and its media cheerleaders were declaring victory in their effort to reach the goal of seven million enrolled in the scheme, the HealthCare.gov website was down for six hours this morning due to what we are told was a software bug that caused a crash rather than a surge in traffic. Though the site was supposedly back up and running, the event was an appropriate metaphor for a flawed law’s implementation. Having overpromised throughout this process, the government couldn’t even keep its website up during the last day of its self-imposed deadline.

Yet the real problem with the White House’s triumphant spin on the enrollment figures isn’t that “glitchy” website. It’s the fact that the numbers that are being cited as proof that, despite all its travails, more than six and perhaps even seven million people have signed up for ObamaCare are thoroughly unreliable. You don’t have to be a conspiracy theorist to know that the books are being cooked. With as many as 20 percent of those being counted as enrolled yet to pay a premium and thus not actually covered, the talk about success is mere hot air.

So, too, are the claims that the scheme has met or exceeded its goal of expanding the pool of insured Americans. Since the overwhelming majority of those participating were already covered by insurance and are being forced onto ObamaCare by the new law’s regulations, the accomplishment being touted today is more one of bureaucratic bookkeeping than a meaningful expansion of health care. Nor is there any sign that the flood of young and healthy Americans into the ranks of those participating is occurring, meaning that what will follow today’s great victory will be a gradual recognition that what the country has been saddled with is a mess that will cause insurance costs to skyrocket rather than go down.

Read More

It was, perhaps, fitting that the same website that debuted to the scorn of the nation last fall would crash on the last day of the six-month period for enrollment in ObamaCare. Just as the administration and its media cheerleaders were declaring victory in their effort to reach the goal of seven million enrolled in the scheme, the HealthCare.gov website was down for six hours this morning due to what we are told was a software bug that caused a crash rather than a surge in traffic. Though the site was supposedly back up and running, the event was an appropriate metaphor for a flawed law’s implementation. Having overpromised throughout this process, the government couldn’t even keep its website up during the last day of its self-imposed deadline.

Yet the real problem with the White House’s triumphant spin on the enrollment figures isn’t that “glitchy” website. It’s the fact that the numbers that are being cited as proof that, despite all its travails, more than six and perhaps even seven million people have signed up for ObamaCare are thoroughly unreliable. You don’t have to be a conspiracy theorist to know that the books are being cooked. With as many as 20 percent of those being counted as enrolled yet to pay a premium and thus not actually covered, the talk about success is mere hot air.

So, too, are the claims that the scheme has met or exceeded its goal of expanding the pool of insured Americans. Since the overwhelming majority of those participating were already covered by insurance and are being forced onto ObamaCare by the new law’s regulations, the accomplishment being touted today is more one of bureaucratic bookkeeping than a meaningful expansion of health care. Nor is there any sign that the flood of young and healthy Americans into the ranks of those participating is occurring, meaning that what will follow today’s great victory will be a gradual recognition that what the country has been saddled with is a mess that will cause insurance costs to skyrocket rather than go down.

It should be acknowledged that the pictures of people standing on line waiting to talk about getting ObamaCare and the reports of large numbers visiting the website or trying to call in to get the insurance sounds like a vindication of the law or at least of the all-out enrollment push being conducted by the president and the rest of his administration. But the fact remains that merely signing onto the website and creating an account is not the same thing as actually buying the product. If by the end of the day, the administration is claiming that they have met or come close to the seven million enrollments it wanted, it must be remembered that this number must be reduced by at least 20 percent to account for the vast numbers who haven’t completed the purchase and may never do so.

Just as deceptive is the fact that among the millions being counted as happy ObamaCare customers are a huge number of Americans who already had health insurance they liked but lost it as a result of the passage of the misnamed Affordable Care Act. They are now stuck with coverage that is likely more expensive and which contains provisions they didn’t want. As a New York Times front-page feature that was, no doubt, intended to tout the law’s benefits in Kentucky—a rare example where a state exchange appears to be working well—illustrated, administration triumphalism has little connection to the reality faced by many of those affected by the president’s signature health-care law. Including those Americans who are the big losers in the passage of this law as being part of the supposed flood of those who need and want ObamaCare is the ultimate in double counting.

No matter what the numbers of those enrolled actually turn out to be, without millions more young and healthy Americans included in the plan, it will be a financial disaster and force the government to bail out the insurance companies. That will be unfortunate. But if those more profitable young and healthy customers don’t listen to the president’s pleas, who can blame them? The product that is being shoved down their throats is inferior, costly, and a bad deal to boot. With pre-existing conditions no longer a bar to insurance coverage there is no longer much reason for those who are less likely to get sick to enroll before they are placed in the position of needing insurance. And with much of the plan’s provisions being postponed or otherwise delayed in order to lessen the pain to the nation and increase the Democrats’ chances of success in November, there is no way of knowing just how unpopular this law will be when all is said and done.

It is entirely possible that we will look back on today’s deadline and administration celebrations about enrollment as Obama’s version of George W. Bush’s infamous “mission accomplished” moment after Iraq. Democrats who dream that today’s numbers will get them off the hook in the midterms should think again.

Read Less

The ObamaCare Chaos Continues

The administration’s decision to extend the period for open enrollment in the Affordable Care Act past the March 31 deadline is hardly surprising. The list of delays, extensions, and postponements of various aspects of the law is already so long that even an article devoted to the topic–such as the one published today by Politico titled “A Brief History of ObamaCare Delays”–is itself an abridged list of only the most prominent examples.

This latest instance is defended by the administration and its supporters as just a commonsense measure intended to help those who were stymied during the enrollment process by the glitch-ridden Heatlhcare.gov website. But the political implications of this decision are more far-reaching than the matter-of-fact announcement that sought to represent it as not a big deal. The delay seeks to get the president off the hook for the ACA likely falling millions short of the seven million enrollees that constituted the administration’s initial goal as well as the benchmark that would enable the ACA to be fiscally responsible.

At this point any excuse, no matter how flimsy, to do something to soften the blow of the expected shortfall makes sense for an administration that is already having a tough time selling the unpopular scheme to the public. But more than that, the record of unending delays and meaningless deadlines set up a situation where it will be difficult if not impossible for the federal government to police those provisions of the law that it really does want to enforce. Coming at a time when the Health and Human Services contraception mandate is under attack in the Supreme Court and, just as significantly, the system of ObamaCare subsidies is in peril of being overturned in the federal appellate courts, this new delay is just one more reason why the law is rightly viewed as having brought chaos rather than reform to the health-care system.

Read More

The administration’s decision to extend the period for open enrollment in the Affordable Care Act past the March 31 deadline is hardly surprising. The list of delays, extensions, and postponements of various aspects of the law is already so long that even an article devoted to the topic–such as the one published today by Politico titled “A Brief History of ObamaCare Delays”–is itself an abridged list of only the most prominent examples.

This latest instance is defended by the administration and its supporters as just a commonsense measure intended to help those who were stymied during the enrollment process by the glitch-ridden Heatlhcare.gov website. But the political implications of this decision are more far-reaching than the matter-of-fact announcement that sought to represent it as not a big deal. The delay seeks to get the president off the hook for the ACA likely falling millions short of the seven million enrollees that constituted the administration’s initial goal as well as the benchmark that would enable the ACA to be fiscally responsible.

At this point any excuse, no matter how flimsy, to do something to soften the blow of the expected shortfall makes sense for an administration that is already having a tough time selling the unpopular scheme to the public. But more than that, the record of unending delays and meaningless deadlines set up a situation where it will be difficult if not impossible for the federal government to police those provisions of the law that it really does want to enforce. Coming at a time when the Health and Human Services contraception mandate is under attack in the Supreme Court and, just as significantly, the system of ObamaCare subsidies is in peril of being overturned in the federal appellate courts, this new delay is just one more reason why the law is rightly viewed as having brought chaos rather than reform to the health-care system.

As we noted yesterday, the willingness of the administration to regard enforcement of the various provisions of the health-care law as optional is undermining its ability to defend the contraception mandate in the Hobby Lobby case. And, as Philip Klein reports in the Washington Examiner today, the legal challenge to the subsidy system may be even more dangerous to ObamaCare’s future than the more famous Hobby Lobby case that revolves around the law’s assault on religious liberty. Since the law was written so as to create subsidies for ObamaCare consumers through state-run exchanges, the fact that many states have not chosen to set them up creates a constitutional problem that can only be solved by a revision of the law by Congress or a decision by the courts to do so on their own. Since the courts are properly reluctant to re-write a statute in this manner and there is no chance that Congress will do anything to fix the problem, the system of subsidies may well be overturned, creating even more chaos for the already misnamed Affordable Care Act. If so, implementation of the unwieldy legislation will become impossible.

While Democrats are trying to put a brave face on their defense of ObamaCare, they know that this is the issue that could cost them the Senate in what may well turn out to be an even worse drubbing this fall than the one they suffered in 2010. The administration has tried to postpone as much of the pain from this law until after 2014 as they can. The federal courts are unpredictable and public opinion may be fickle. But by adding to the impression that the law on which the president staked his reputation is in a state of chaos, the latest delay—and the ones that will inevitably follow it in the months to come—may only make it even more likely that congressional Democrats will suffer a grave defeat in November.

Read Less

No Mention of Rising Costs in O’s ACA Blitz

While the administration’s less-than-stellar performance in recent foreign crises have called into question President Obama’s stature as a commander in chief, there’s never been any doubt about his zeal to play salesman in chief with regard to his signature health-care law. The president has been ubiquitous throughout the media, seizing any chance to promote ObamaCare enrollment. From the offbeat Between Two Ferns satire show to sports shows to mainstream entertainment like the Ellen DeGeneres Show, the president has shown no reticence about flogging the health-care law.

The marketing strategy is clear. Though many of those who would truly benefit from signing up for ObamaCare are older, the presidential appearances are geared toward young demographics. On all of these shows the president has touted the need for young and healthy persons to get health insurance. The message is seemingly noncontroversial, even anodyne in nature. But there are some things that he is leaving out of the sales pitch. One is that the whole point of trying to attract young people to ObamaCare is because the assumption is that most of them won’t actually need it. Their premiums are intended to pay for the services that will be doled out to the elderly, the sick, and those with pre-existing conditions. The other and even more important point that will be missing from the president’s exhortations is that the already above average cost of the premiums for the misnamed Affordable Care Act will be skyrocketing later this year.

Read More

While the administration’s less-than-stellar performance in recent foreign crises have called into question President Obama’s stature as a commander in chief, there’s never been any doubt about his zeal to play salesman in chief with regard to his signature health-care law. The president has been ubiquitous throughout the media, seizing any chance to promote ObamaCare enrollment. From the offbeat Between Two Ferns satire show to sports shows to mainstream entertainment like the Ellen DeGeneres Show, the president has shown no reticence about flogging the health-care law.

The marketing strategy is clear. Though many of those who would truly benefit from signing up for ObamaCare are older, the presidential appearances are geared toward young demographics. On all of these shows the president has touted the need for young and healthy persons to get health insurance. The message is seemingly noncontroversial, even anodyne in nature. But there are some things that he is leaving out of the sales pitch. One is that the whole point of trying to attract young people to ObamaCare is because the assumption is that most of them won’t actually need it. Their premiums are intended to pay for the services that will be doled out to the elderly, the sick, and those with pre-existing conditions. The other and even more important point that will be missing from the president’s exhortations is that the already above average cost of the premiums for the misnamed Affordable Care Act will be skyrocketing later this year.

As The Hill reports:

Health industry officials say ObamaCare-related premiums will double in some parts of the country, countering claims recently made by the administration. The expected rate hikes will be announced in the coming months amid an intense election year, when control of the Senate is up for grabs. The sticker shock would likely bolster the GOP’s prospects in November and hamper ObamaCare insurance enrollment efforts in 2015.

The industry complaints come less than a week after Health and Human Services (HHS) Secretary Kathleen Sebelius sought to downplay concerns about rising premiums in the healthcare sector. She told lawmakers rates would increase in 2015 but grow more slowly than in the past. … Her comment baffled insurance officials, who said it runs counter to the industry’s consensus about next year. 

“It’s pretty shortsighted because I think everybody knows that the way the exchange has rolled out … is going to lead to higher costs,” said one senior insurance executive who requested anonymity. The insurance official, who hails from a populous swing state, said his company expects to triple its rates next year on the ObamaCare exchange. 

The prospect of rising premiums makes the attempt to sell ObamaCare to the young doubly duplicitous.

On the one hand, the president and his supporters are not telling their intended audience that what he is attempting to orchestrate is a massive generational wealth transfer from the young to the elderly. ObamaCare’s benefits for those who had not previously been able to get or afford insurance are real. But the young and the healthy are paying for it. They are currently being cajoled by the administration to sign up for their own good. Later, persuasion will turn to coercion, as fines will be imposed for those who don’t do as they are told.

But the prospect of huge price increases later this year turns the president’s pitch into a massive bait and switch con game. Once the “affordable” ObamaCare insurance is put into place, the fact that enrollment figures are millions below where they need to be in order to make the scheme viable will force prices up through the roof. Indeed, when one factors into the equation that hundreds of thousands of those who are now being counted as enrolled have not yet—and may never—pay their premiums means the costs may go even higher than insurance industry experts are predicting.

This is the sort of scam that would draw the attention of law enforcement officials or at least the Better Business Bureau were the hucksters for this plan not federal officials. But since the scammers in question are the president of the United States and his minions, they will not only get away with it, but will be given the kind of free publicity that no ordinary confidence men could dream of getting. It remains to journalists to spread the message to American youth that while it is never a bad idea to take precautions for unexpected circumstances, “buyer beware” is the best advice any potential ObamaCare customer can receive.

Read Less

March Madness? Fake ObamaCare Enrollment Numbers.

The administration is claiming a limited victory by saying the number of those enrolled in ObamaCare has now hit 5 million with two weeks to go until the March 31 deadline. If accurate, the number does represent a steep increase over the 4.2 million that were said to have signed up at the beginning of the month. At this rate, administration cheerleaders reason, the goal of 7 million enrolled in the Affordable Care Act may yet be reached at some point in the near future, if not quite on time. This burst of enrollments is seen as a vindication of President Obama’s all-out push to promote the law including such questionable activities as appearing on the “Between Two Ferns” web show where he traded barbs with comedian Zach Galifianakis.

But before the president and his team start popping the champagne corks to celebrate their achievement and their faux hipness, it’s time once again to point out that the administration’s Potemkin enrollment figures should be read with a truckload of salt. As the New York Times reported last month, as much as 20 percent of all those enrolled had not actually paid their premiums, meaning they were not covered by the program. While Secretary of Health and Human Services Kathleen Sebelius told Congress she had no idea what the numbers of unpaid enrollees were, more states are reporting these figures and, as CNBC reported last week, the results are literally all over the map. While some states report high pay rates, others like Maryland say only 54 percent have paid.

All this calls in to question not only the effectiveness of the sales job done by the president and celebrity supporters such as Lebron James. It also means that the odds that this system can sustain itself without mandating vast increases in rates for those who do pay are getting slimmer every day.

Read More

The administration is claiming a limited victory by saying the number of those enrolled in ObamaCare has now hit 5 million with two weeks to go until the March 31 deadline. If accurate, the number does represent a steep increase over the 4.2 million that were said to have signed up at the beginning of the month. At this rate, administration cheerleaders reason, the goal of 7 million enrolled in the Affordable Care Act may yet be reached at some point in the near future, if not quite on time. This burst of enrollments is seen as a vindication of President Obama’s all-out push to promote the law including such questionable activities as appearing on the “Between Two Ferns” web show where he traded barbs with comedian Zach Galifianakis.

But before the president and his team start popping the champagne corks to celebrate their achievement and their faux hipness, it’s time once again to point out that the administration’s Potemkin enrollment figures should be read with a truckload of salt. As the New York Times reported last month, as much as 20 percent of all those enrolled had not actually paid their premiums, meaning they were not covered by the program. While Secretary of Health and Human Services Kathleen Sebelius told Congress she had no idea what the numbers of unpaid enrollees were, more states are reporting these figures and, as CNBC reported last week, the results are literally all over the map. While some states report high pay rates, others like Maryland say only 54 percent have paid.

All this calls in to question not only the effectiveness of the sales job done by the president and celebrity supporters such as Lebron James. It also means that the odds that this system can sustain itself without mandating vast increases in rates for those who do pay are getting slimmer every day.

For months we’ve been told by the administration that the only problem with ObamaCare was a “glitchy” website that had since been fixed. But what has since become clear is that the effort to convince young and healthy Americans to sign up for insurance that is both expensive and not something they may need is a failure. Though many of those who clearly benefit from the new health law, such as the poor and those with pre-existing conditions, have signed up, the scheme requires large numbers of those who won’t need the coverage as often in order to be economically viable. That problem will be exacerbated by the failure of much larger percentages of customers to pay for their insurance.

As we’ve noted previously, the non-payment of the premium is not a technicality. Many of those purchasing the insurance may be first-time buyers and not understand that they must pay their bill before coverage starts rather than long after the fact, as they can with a credit card transaction. Or it may be that some enrolled with no intention of paying or thinking that the hype about the glories of ObamaCare they’ve heard in the mainstream media and from the president absolved them of the obligation to pay for it. But either way, the large number of non-payments renders the enrollment figures meaningless and ensures that the rates for those who do pay are going up next year by percentages that will shock them.

The president claimed that the number of enrollees has already reached the point where the law will work rather than collapse from lack of participation. But even if we accept his premise that falling millions of customers short of the announced goal of seven million is no big deal, the fact that hundreds of thousands of those being counted in the pool of those he’s counting are not covered because of non-payment of premiums makes his assertion a colossal fraud.

The president may think that a March madness ad blitz during the NCAA basketball tournament may save ObamaCare. But if the past pattern holds, any further surge in enrollment will provide the scheme with a false sense of security. Until we get a full accounting not only of those who signed up on a website but completed the process by paying for the plan they chose, we’ll have no idea how many people truly are enrolled. Seen in that light, the president’s enrollment promises may well turn out to be no different from other pledges he has made about the ACA in the last few years: completely untrue.

Read Less

Dems May Regret More OCare Delays

After dozens of delays of various aspects of ObamaCare, Democrats are still facing a tsunami of voter anger this fall in midterm elections that are looking more and more like a disaster for the president’s party. The administration’s answer to their plight is simple: delay more implementation of the president’s unpopular and misnamed Affordable Care Act.

The Hill is reporting today that the White House is planning on announcing yet another ObamaCare delay:

As early as this week, according to two sources, the White House will announce a new directive allowing insurers to continue offering health plans that do not meet ObamaCare’s minimum coverage requirements. Prolonging the “keep your plan” fix will avoid another wave of health policy cancellations otherwise expected this fall.

The cancellations would have created a firestorm for Democratic candidates in the last, crucial weeks before Election Day. The White House is intent on protecting its allies in the Senate, where Democrats face a battle to keep control of the chamber.

The political motivations for this move are obvious. Prior to the rollout of ObamaCare last fall, Democrats drew a line in the sand on any delay of the president’s signature health care law. Rather than push back the implementation of the legislation a single day, they allowed the government to be shut down for weeks causing untold suffering to the American people. That was a political masterstroke. The mainstream media blamed the GOP for the fiasco since their demands for delaying or defunding the law seen as unreasonable and unrealistic. What a difference a few months makes.

Read More

After dozens of delays of various aspects of ObamaCare, Democrats are still facing a tsunami of voter anger this fall in midterm elections that are looking more and more like a disaster for the president’s party. The administration’s answer to their plight is simple: delay more implementation of the president’s unpopular and misnamed Affordable Care Act.

The Hill is reporting today that the White House is planning on announcing yet another ObamaCare delay:

As early as this week, according to two sources, the White House will announce a new directive allowing insurers to continue offering health plans that do not meet ObamaCare’s minimum coverage requirements. Prolonging the “keep your plan” fix will avoid another wave of health policy cancellations otherwise expected this fall.

The cancellations would have created a firestorm for Democratic candidates in the last, crucial weeks before Election Day. The White House is intent on protecting its allies in the Senate, where Democrats face a battle to keep control of the chamber.

The political motivations for this move are obvious. Prior to the rollout of ObamaCare last fall, Democrats drew a line in the sand on any delay of the president’s signature health care law. Rather than push back the implementation of the legislation a single day, they allowed the government to be shut down for weeks causing untold suffering to the American people. That was a political masterstroke. The mainstream media blamed the GOP for the fiasco since their demands for delaying or defunding the law seen as unreasonable and unrealistic. What a difference a few months makes.

Will Democrats get away with it? Given the unwillingness of the same media that lampooned Republicans for suggesting the same thing only six months ago, they just might. In addition to that, there have been so many delays of the law’s implementation that even those Americans who pay attention to the issue may have lost track of what aspects of the president’s scheme are being enforced.

Liberals may still be pretending that ObamaCare will be popular or that the only problem with its rollout was a glitch-ridden website that was fixed. But in only a few months they have also developed a healthy fear of the consequences of its implementation. Already millions of Americans have lost their insurance coverage or access to their doctors because of the dictates of this new law that branded every policy that did not conform to their arbitrary standards as “junk” insurance. Sticking to that talking point hasn’t been easy for liberal talking heads on television but once more Americans feel ObamaCare’s impact, it will be impossible.

Once the delays are rescinded and the employer mandates are put in place along with the rules for individual policyholders, the results will be far-reaching and serious. At that point, it won’t be possible to deny the fact that the number of Americans who have been hurt by this law may not only equal the total helped but, in fact, may outnumber them.

But Democratic optimism about this underhanded and unconstitutional tactic (since the president does not actually have the power to pick and choose which laws or which parts of laws he will enforce) may be misplaced. The mere fact of so many delays as well as the evidence of the damage already done by the law to so many voters may outweigh any tactical advantages won by the stalling strategy.

Even worse, by putting off so much of the pain until after the 2014 midterm elections, Democrats may be setting themselves up for a really unpleasant time in 2015 and 2016. If the majority of Americans are already unhappy with ObamaCare today, that anger will be even greater next year once more employers and individuals are coping with its costs and hardships. If, as may well happen despite the delays, Republicans win back control of the Senate in addition to keeping the House of Representatives, that will put them in position to do more than delay ObamaCare next year but to send a repeal bill to the president. He will veto it and there’s little chance that the Republicans will overturn it. But with anger about this law rising to new heights just when the country is turning its attention to the 2016 presidential race rather than in 2014, that could create even more problems for Hillary Clinton or any other Democrat who wishes to succeed the president.

At that point, Democrats may look back on this year’s ObamaCare delays and the president’s determination to frontload the benefits and backload the pain with genuine regret.

Read Less

ACA? ObamaCare Not So Affordable

As some pollsters and late-night comedian Jimmy Kimmel have proved, ordinary Americans don’t like ObamaCare but they like the idea of an Affordable Care Act, especially if they don’t know the two are the same thing. That’s led the White House and Democrats to try to train the voters to call the president’s signature health-care legislation the ACA rather than the more popular handle that links the increasingly unpopular incumbent to the issue. But like the attempt to minimize the problems of the ObamaCare rollout as a merely the fault of a glitchy website, the notion that ObamaCare really is about affordable health care turns out to be as false as the president’s promise that people could keep their insurance if they liked it. As the New York Times reports this morning, the premiums being offered via the ObamaCare insurance exchanges may be low, but the deductibles and the other out-of-pocket costs associated with actually using the plans are actually far more expensive than those being offered elsewhere in the market.

Apparently it was no accident that until last week, the healthcare.gov website didn’t offer consumers (or at least those who can successfully log in to it) the ability to discover what the deductibles on the plans being offered cost. That the premiums on these plans are often cheap is not in dispute, though many of those who were forced off existing plans that they liked have now found themselves saddled with much more expensive plans. But the point about insurance is not just what it costs to have it, but what it will cost you when you have to use it. If, as the Times reports, the deductible on some of these plans is $5,000 for an individual and $10,000 for a couple, then as far as many Americans are concerned, pretty much everything short of a hospital stay or surgery is going to mean that they are going to have to pay all medical costs out of their own pockets. Which means, as far as most of the Americans who are being forced onto the state exchanges are concerned, short of a catastrophic event, ObamaCare is the moral equivalent of having no insurance at all.

Read More

As some pollsters and late-night comedian Jimmy Kimmel have proved, ordinary Americans don’t like ObamaCare but they like the idea of an Affordable Care Act, especially if they don’t know the two are the same thing. That’s led the White House and Democrats to try to train the voters to call the president’s signature health-care legislation the ACA rather than the more popular handle that links the increasingly unpopular incumbent to the issue. But like the attempt to minimize the problems of the ObamaCare rollout as a merely the fault of a glitchy website, the notion that ObamaCare really is about affordable health care turns out to be as false as the president’s promise that people could keep their insurance if they liked it. As the New York Times reports this morning, the premiums being offered via the ObamaCare insurance exchanges may be low, but the deductibles and the other out-of-pocket costs associated with actually using the plans are actually far more expensive than those being offered elsewhere in the market.

Apparently it was no accident that until last week, the healthcare.gov website didn’t offer consumers (or at least those who can successfully log in to it) the ability to discover what the deductibles on the plans being offered cost. That the premiums on these plans are often cheap is not in dispute, though many of those who were forced off existing plans that they liked have now found themselves saddled with much more expensive plans. But the point about insurance is not just what it costs to have it, but what it will cost you when you have to use it. If, as the Times reports, the deductible on some of these plans is $5,000 for an individual and $10,000 for a couple, then as far as many Americans are concerned, pretty much everything short of a hospital stay or surgery is going to mean that they are going to have to pay all medical costs out of their own pockets. Which means, as far as most of the Americans who are being forced onto the state exchanges are concerned, short of a catastrophic event, ObamaCare is the moral equivalent of having no insurance at all.

When pressed about the high costs of the Affordable Care Act, its defenders have answered that most of those saddled with higher premiums and deductibles will actually not be hurt because they will be given subsidies. But as the Times points out, the idea that the ACA will be dishing out widespread subsidies is a myth:

Many people buying insurance on the federal and state exchanges are expected to qualify for subsidies. But in the first month, for reasons that are not clear, only 30 percent qualified. The others must pay the full premium and will be subject to the full deductible.

Most people shopping in the exchanges are expected to choose bronze or silver plans, which provide less generous coverage than most employer-sponsored plans.

A study by Jon R. Gabel and colleagues at NORC, a research organization affiliated with the University of Chicago, found that 65 percent of employees in group health plans had higher-value coverage that would be classified as gold or platinum under the Affordable Care Act.

That means that, contrary to the justifications that were offered for the violation of the president’s promise about keeping policies that consumers liked, many of the choices they are being offered are not as good as what was previously available. Throw in the factor of costs from sky-high deductibles and you have an ObamaCare formula that combines both mediocre-to-lousy coverage with costs that make it dangerous for anyone relying on the ACA to get sick.

As the Times explained:

Higher deductibles are one tool that insurers can use to hold down premiums. Many have also held down premiums on the exchanges by limiting the choices of doctors and hospitals available to consumers in their provider networks.

That brings up the third damaging element of ObamaCare: the fact that many Americans are not only going to lose their coverage they liked but will also be unable to keep the doctors they liked and trusted.

There are Americans who are, as the Times points out, grateful to get any kind of insurance at all and will suffer with ObamaCare’s costs due to its allowing those with pre-existing conditions to be covered. But the numbers of those who are benefiting from the new health-care regime appear to be heavily outnumbered by those who are being either inconvenienced or gouged by the Affordable Care Act. That’s why the expectation that once it is implemented it will be popular appears to be based on some faulty assumptions. As the ranks of the ObamaCare losers grows, the burden of “affordable care” that turns out to be not so affordable is turning the ACA into an albatross sinking President Obama’s second term.

Read Less

Conservatives and the Quest for Political Purification

For some conservatives, using the threat of a government shutdown to defund the Affordable Care Act is an issue with which they have honest differences with other conservatives. For others on the right, however, the “principled” and “patriotic” Republicans support the effort to defund ObamaCare while “pseudo-conservatives”—the spineless, craven, and cowardly types—oppose the effort.

For this group, which includes prominent lawmakers such as Senator Ted Cruz, the defunding strategy has become a litmus test, a true “red line,” a historic moment in which the right-wing wheat and the RINO chaff are once and for all separated. To find a comparable moment in history, think of William Barret Travis at the Alamo (played by Mr. Cruz) and Henry V at Agincourt (played by Senator Rand Paul). “We few, we happy few, we band of Tea Party brothers.”

Read More

For some conservatives, using the threat of a government shutdown to defund the Affordable Care Act is an issue with which they have honest differences with other conservatives. For others on the right, however, the “principled” and “patriotic” Republicans support the effort to defund ObamaCare while “pseudo-conservatives”—the spineless, craven, and cowardly types—oppose the effort.

For this group, which includes prominent lawmakers such as Senator Ted Cruz, the defunding strategy has become a litmus test, a true “red line,” a historic moment in which the right-wing wheat and the RINO chaff are once and for all separated. To find a comparable moment in history, think of William Barret Travis at the Alamo (played by Mr. Cruz) and Henry V at Agincourt (played by Senator Rand Paul). “We few, we happy few, we band of Tea Party brothers.”

What a shame all this melodrama is a mirage, a farce, a game.

The choice is not, and never has been, between those willing to defund ObamaCare and those willing to fund it. That supposed choice is in fact an illusion. To defund the ACA would require the House and Senate to pass new legislation, which Barack Obama would have to sign. And no one, not even Senators Cruz, Paul, Lee and Rubio, believes the president would do that. 

All the posturing that’s being done to present this as a battle between Intrepid Republicans versus the Surrender Caucus is nothing more than political theater.

It also appears that Captain Courageous himself, Ted Cruz, and some of his colleagues are now engaging—at least for now—in a premature surrender. House Republicans are incensed at Cruz for going wobbly on the filibuster he once seemed to favor, putting all the responsibility back on the House.

“For weeks, House Republicans have said the prospects of passing a defund bill in the Senate are grim, and Senators Lee, Cruz, and Rubio have responded by saying nothing is impossible if we fight hard enough. Now they are getting exactly what they asked for, and they issue a press release conceding defeat and refusing to join the fight they demanded in every TV appearance. It’s time they put their money where their mouths are, and do something other than talk,” a House GOP leadership aide told National Review. And Representative Sean Duffy took to Twitter, saying, “House agrees to send ‪#CR to Senate that defunds Obamacare. ‪@SenTedCruz & ‪@SenMikeLee refuse to fight. Wave white flag and surrender.”

There will be plenty of twists and turns ahead, so we’ll have to see how this all plays out. (Mr. Cruz may have to move forward on a filibuster just to save face.) But it does raise the question: How did this silly idea become all the rage?

For some the answer has to do with pent up fury in need of an outlet, and the effort to defund the ACA is that outlet. It also appeals to those who find it satisfying to turn every debate into an apocalyptic clash. And even if Republicans fail, at least they “fought the good fight.” (Ronald Reagan referred to people of this mindset as those who enjoyed “going off the cliff with all flags flying.”)

But there’s also a tendency among some on the right—not all, certainly, but some—to go in search of heretics. They seek to purify the conservative movement—to eliminate from it the defilement, the debasement, and the corruption they see all around them—and they bring to this task an almost religious zeal. They are the Keepers of the Tablets. And they are in a near constant state of agitation. Living in an imperfect world while demanding perfection (or your version of perfection) from others can be hard. 

This is not conservatism either in terms of disposition or governing philosophy. It is, rather, the product of intemperate minds and fairly radical (and thoroughly unconservative) tendencies. Such things have always been with us; and some of the uncontained passions and anger will eventually burn out. The question is how much damage will be done in the process. 

Read Less

Symbolic Repeal Puts Dems on the Record

Five Democrats broke with their party to support the bill to repeal ObamaCare, which is just two more than in 2011. House Republicans supported it unanimously, Fox News reports:

House lawmakers voted Wednesday to repeal the federal health care overhaul — the latest in a long line of anti-”ObamaCare” votes, but the first since the Supreme Court upheld the law and defined one of its key provisions as a “tax.”

The House has voted more than 30 times to scrap, defund or undercut the law since Obama signed it in March 2010. As with those bills, the repeal bill approved Wednesday on a 244-185 vote faces certain demise in the Democrat-controlled Senate.

But Republicans were looking to get lawmakers back on record on the law in the wake of the high court ruling last month. The ruling upheld most the law as constitutional, but in doing so determined that the controversial penalty on those who do not buy insurance technically qualifies as a “tax” and not a “penalty” as the administration had claimed. That definition fueled GOP criticism of the law, and put some Democrats in a politically tricky position.

The bill won’t actually go anywhere — Harry Reid would block a Senate vote on it, not that it would have a chance of passing there anyway. As a completely gratuitous precaution President Obama has also vowed to veto the bill if it miraculously ends up on his desk.

Read More

Five Democrats broke with their party to support the bill to repeal ObamaCare, which is just two more than in 2011. House Republicans supported it unanimously, Fox News reports:

House lawmakers voted Wednesday to repeal the federal health care overhaul — the latest in a long line of anti-”ObamaCare” votes, but the first since the Supreme Court upheld the law and defined one of its key provisions as a “tax.”

The House has voted more than 30 times to scrap, defund or undercut the law since Obama signed it in March 2010. As with those bills, the repeal bill approved Wednesday on a 244-185 vote faces certain demise in the Democrat-controlled Senate.

But Republicans were looking to get lawmakers back on record on the law in the wake of the high court ruling last month. The ruling upheld most the law as constitutional, but in doing so determined that the controversial penalty on those who do not buy insurance technically qualifies as a “tax” and not a “penalty” as the administration had claimed. That definition fueled GOP criticism of the law, and put some Democrats in a politically tricky position.

The bill won’t actually go anywhere — Harry Reid would block a Senate vote on it, not that it would have a chance of passing there anyway. As a completely gratuitous precaution President Obama has also vowed to veto the bill if it miraculously ends up on his desk.

But 185 Democrats are now on the record supporting Obamacare, even after the SCOTUS decision and the classification of the mandate as a “tax.” This will be powerful ammunition for Republican congressional candidates leading up to Election Day. Considering the consistent majority public opposition to Obamacare, It’s surprising that just two Democrats switched sides since the 2011 vote. Maybe even vulnerable Dems figured they already did the damage by supporting Obamacare in the first place — what’s one more vote in favor?

Read Less

The Collateral Damage of Obama’s Post-Modernist Presidency

In response to a recent post — in which I wrote that “Barack Obama is a thoroughly post-modern president. Words and facts have no objective standing; they are relative, socially constructed, a way to advance personal reality.” — I was criticized by a Time magazine reporter for continuing my “relentless attempts to depict Barack Obama as a despicable human being” and for employing tactics that are “not only intellectually dishonest, but cynical in the extreme.”

In fact, the point of my piece — which is that during oral arguments before the Supreme Court President Obama’s legal team referred to the Affordable Care Act (ACA) as a tax even as his administration now says it isn’t a tax and never was a tax — remains unrefuted. Indeed, this short clip validates exactly what I was arguing. It shows Obama campaign spokesman Ben LaBolt insisting that “at no point” did any of the government’s lawyers, including Solicitor General Verrilli, refer to the ACA as a tax — followed by Solicitor General Donald Verrilli referring to the ACA as a tax.

How inconvenient.

Read More

In response to a recent post — in which I wrote that “Barack Obama is a thoroughly post-modern president. Words and facts have no objective standing; they are relative, socially constructed, a way to advance personal reality.” — I was criticized by a Time magazine reporter for continuing my “relentless attempts to depict Barack Obama as a despicable human being” and for employing tactics that are “not only intellectually dishonest, but cynical in the extreme.”

In fact, the point of my piece — which is that during oral arguments before the Supreme Court President Obama’s legal team referred to the Affordable Care Act (ACA) as a tax even as his administration now says it isn’t a tax and never was a tax — remains unrefuted. Indeed, this short clip validates exactly what I was arguing. It shows Obama campaign spokesman Ben LaBolt insisting that “at no point” did any of the government’s lawyers, including Solicitor General Verrilli, refer to the ACA as a tax — followed by Solicitor General Donald Verrilli referring to the ACA as a tax.

How inconvenient.

Increasingly, the only thing Obama’s allies in the press have left is ad hominem huffing and puffing. They throw out charges that are as severed from reality as the claims made by Obama. It serves as a cautionary tale. Those who choose to defend the corruption of words by this president and his team will, sooner or later, be drawn into the enterprise themselves.

Read Less

Obama’s Systematic Assault on the Truth

The Democratic talking points have been issued and are being followed to the letter (see here and here). And they go like this: The Affordable Care Act (ACA) is not a tax; it’s a penalty. Those who suggests it’s a tax are wrong, in error, disingenuous, and dissemblers.

Here’s the problem, though: characterizing the Affordable Care Act as a tax isn’t simply the interpretation of Chief Justice John Roberts and a majority of the Supreme Court; it’s the interpretation of the Obama administration.

Read More

The Democratic talking points have been issued and are being followed to the letter (see here and here). And they go like this: The Affordable Care Act (ACA) is not a tax; it’s a penalty. Those who suggests it’s a tax are wrong, in error, disingenuous, and dissemblers.

Here’s the problem, though: characterizing the Affordable Care Act as a tax isn’t simply the interpretation of Chief Justice John Roberts and a majority of the Supreme Court; it’s the interpretation of the Obama administration.

As this story put it:

Chief Justice John G. Roberts Jr. said the Court had a duty to uphold an act of Congress if there was a constitutional basis for doing so. And the basis he seized on was the fallback argument [Solicitor General Donald] Verrilli included in the briefs—that the Constitution gives Congress a broad power to impose taxes to “provide for the general welfare.”

The government’s legal brief said the insurance mandate operates in practice as a tax law. No one would be prosecuted or punished for not having insurance. If they had taxable income, however, they would be forced to pay a small tax penalty.

The chief justice agreed with this argument, and so did the four liberal justices. Though Congress may not “order” people to buy insurance, Roberts held in the 5-4 decision, it may impose a small tax on those who refuse.

The Affordable Care Act, then, was upheld as constitutional based on the tax argument put forward by President Obama’s legal team. And yet the Obama administration is now insisting the Affordable Care Act never was a tax, is not now a tax, and shall never be a tax.

This is yet another example of how Barack Obama is a thoroughly post-modern president. Words and facts have no objective standing; they are relative, socially constructed, a way to advance personal reality. If referring to the Affordable Care Act as a tax helps advance the Obama agenda, then it’s a tax. If referring to the ACA as a penalty helps advance the Obama agenda, it becomes a penalty.

You like tomato and I like tomahto.

That philosophy may be fine for liberal arts professors and even tolerable among community organizers. But when the president of the United States systematically assaults truth—if words mean whatever you want them to mean—it becomes rather more problematic. Yet that is precisely where the United States finds itself in the summer of 2012.

Read Less

The Chief Justice’s Irresponsible Decision

I will grant that the opinion written by Chief Justice John G. Roberts, Jr., which upheld the Affordable Care Act (ACA) as constitutional based not on the Commerce Clause but instead on Congress’ power under the Taxing Clause, was clever. Even, in some respects, ingenious.

Roberts achieved a liberal end, upholding the ACA, while also employing conservative arguments and affirming conservative premises—including imposing limits on the Commerce Clause, finding that the Necessary and Proper Clause cannot be used as a stand-alone justification for a statute that is not otherwise justified by another enumerated power, and declaring that Congress cannot use its spending power to coerce state participation in federal schemes. Something for everyone.

Read More

I will grant that the opinion written by Chief Justice John G. Roberts, Jr., which upheld the Affordable Care Act (ACA) as constitutional based not on the Commerce Clause but instead on Congress’ power under the Taxing Clause, was clever. Even, in some respects, ingenious.

Roberts achieved a liberal end, upholding the ACA, while also employing conservative arguments and affirming conservative premises—including imposing limits on the Commerce Clause, finding that the Necessary and Proper Clause cannot be used as a stand-alone justification for a statute that is not otherwise justified by another enumerated power, and declaring that Congress cannot use its spending power to coerce state participation in federal schemes. Something for everyone.

Conservatives who are (justifiably) upset with Roberts’ decision shouldn’t understate Roberts’ contribution to conservative jurisprudence. As a good friend put it to me, these three premises are absolutely central to contemporary conservative legal thought—and those arguments are now effective law. For example, his dramatically narrowed reading of the Commerce Clause is now binding precedent. This is no small achievement. Lower court judges cannot countermand it unless the Supreme Court itself does so in a future case. And this particular Court, at least, is unlikely to do that. In that respect, then, Chief Justice Roberts moved the Court in a rightward direction—and, his defenders will say, he did so by showing self-restraint and without igniting a political war.

Perhaps. But in the end, Roberts decided the case wrongly—and one cannot help but believe he did so knowingly.

It seems clear that what animated Roberts’ decision was his determination to (in his mind) protect the reputation of the Court by preventing it from overturning the signature domestic achievement of the Obama administration. If the Supreme Court had overturned the Affordable Care Act, it would rank among the most significant (and controversial) cases in American history. Roberts, a man with modest, institutionalist tendencies, did not want to emblazon the Affordable Care Act in government textbooks forever more.

Which makes his decision understandable—but still, in my mind, ultimately irresponsible. Roberts decided on a pre-ordained outcome; he would uphold the Affordable Care Act by essentially re-writing it—an unusual approach for a man who has in the past insisted that it’s inappropriate for the Court to legislate from the bench.

The main challenge Roberts faced was to jerry-rig a (Tax Clause) argument to get him to where he was determined to end up. He employed specious, result-oriented reasoning in order to achieve an unprincipled—but for him, an institutionally desirable—outcome.

It was simply not his place to do this. And on what may have been the most important decision he is ever called upon to write, John Roberts produced a political, even disingenuous, and too-clever-by-half opinion. (Consider the withering dissent by Justices Scalia, Kennedy, Thomas and Alito to be mandatory reading. “What the government would have us believe in these cases is that the very same textual indications that show this is not a tax under the Anti-Injunction Act show that it is a tax under the Constitution,” according to the four Justices. “That carries verbal wizardry too far, deep into the forbidden land of the sophists.”)

Chief Justice Roberts put what he perceived to be the interest of the Court ahead of his fidelity to the Constitution. He ended up doing damage to both.

Read Less

Court Gives GOP Rallying Cry: Stop the Tax!

By joining the left of the Supreme Court, Chief Justice John Roberts has upheld the Affordable Care Act. This is a clear victory for President Obama, and he can now go to the people in November with his signature legislative achievement intact and say he has fulfilled his promise to pass a comprehensive health care plan. But in doing so not on the grounds that it is valid under the Commerce Clause but as a tax, the court handed the Republicans a strong issue to run on this fall.

President Obama and the Democrats claimed throughout the debate over the legislation that it was not a tax. But the GOP can go to the voters with a rallying cry to stop the tax as it pledges to repeal ObamaCare next January. The issue now is no longer just the defense of the principle of individual liberty — endangered by this expansion of federal power — but whether to entrust the government to a party that is dedicated to taxing and spending without limit.

By joining the left of the Supreme Court, Chief Justice John Roberts has upheld the Affordable Care Act. This is a clear victory for President Obama, and he can now go to the people in November with his signature legislative achievement intact and say he has fulfilled his promise to pass a comprehensive health care plan. But in doing so not on the grounds that it is valid under the Commerce Clause but as a tax, the court handed the Republicans a strong issue to run on this fall.

President Obama and the Democrats claimed throughout the debate over the legislation that it was not a tax. But the GOP can go to the voters with a rallying cry to stop the tax as it pledges to repeal ObamaCare next January. The issue now is no longer just the defense of the principle of individual liberty — endangered by this expansion of federal power — but whether to entrust the government to a party that is dedicated to taxing and spending without limit.

Read Less

Barack Obama’s Awful June Just Got Worse

President Obama was already suffering one of the worst imaginable months for an incumbent president in an election year – including a dismal jobs report and declining factory orders, falling approval ratings (including in swing states), the overwhelming victory of Governor Scott Walker in Wisconsin, the president’s widely ridiculed claim the private sector is “doing fine,” Bill Clinton’s various apostasies, the realization that Obama might be outspent in this election by Mitt Romney, and a major speech in Ohio that was panned even by sympathetic liberals. (Jim Geraghty provides a nice summary and analysis here.)

But it may be that the first half of June was a walk in the park compared to the latter part of the month. Because two events – one which just happened and one that will happen next week – may turn out to be powerful, and even crippling, body blows to the president.

Read More

President Obama was already suffering one of the worst imaginable months for an incumbent president in an election year – including a dismal jobs report and declining factory orders, falling approval ratings (including in swing states), the overwhelming victory of Governor Scott Walker in Wisconsin, the president’s widely ridiculed claim the private sector is “doing fine,” Bill Clinton’s various apostasies, the realization that Obama might be outspent in this election by Mitt Romney, and a major speech in Ohio that was panned even by sympathetic liberals. (Jim Geraghty provides a nice summary and analysis here.)

But it may be that the first half of June was a walk in the park compared to the latter part of the month. Because two events – one which just happened and one that will happen next week – may turn out to be powerful, and even crippling, body blows to the president.

The first one is the burgeoning “Fast and Furious” scandal, which has now been elevated from a secondary story to a major one. The president’s assertion of executive privilege is without foundation–a transparent effort to protect his attorney general, and possibly himself, from a legitimate congressional inquiry about a scandalous policy failure. The more this story unwinds, the more obvious this will become.

The man who promised us a “new standard of openness” and the “most transparent and accountable administration in history,” who said his administration would create “an unprecedented level of openness in government” and would “work together to ensure the public trust and establish a system of transparency, public participation, and collaboration” is now engaged in what could reasonably be construed to be a cover up. (If you’d like your belly laugh for the day, you might take a look at this document, Open Government 2.0 (!), put out by the Department of Justice – which claims, “The Department of Justice is committed to achieving the president’s goal of making this the most transparent administration in history.”)

This is Obama’s first bona fide, full-scale scandal. The president, with his assertion of executive privilege, has now placed himself at the center of the storm. And he’s done so with less than 140 days before the election. One can only imagine what the administration has to hide in order for Obama to have done what he did.

In addition, next week, the Supreme Court will in all likelihood announce its decision on the constitutionality of the Affordable Care Act. If the Court overturns the ACA, in whole or in part, it will be devastating to the president. After all, his signature domestic achievement — one which dominated American politics for much of Obama’s first term — will not only have been judged to be unconstitutional; it will also have proven to be a colossal waste of the country’s time and energy. And even if the Court doesn’t overturn the Affordable Care Act, it will thrust to the fore what presidential scholar George C. Edwards III calls “perhaps the least popular major domestic policy passed in the last century” (which helps explain why the president rarely speaks about this “achievement” in the run-up to the election).

Elections are rarely decided in June, and this one won’t be, either. But history may look back at this as the month when the president fell behind Romney and never fully recovered.

We’ll know soon enough.

Read Less

New Study Blows Apart Obama’s Imaginary World

A new study by Chuck Blahous, public trustee for Medicare and Social Security, blows to smithereens the claim that the Affordable Care Act (aka ObamaCare) will cut the deficit. According to Blahous, President Obama’s health care law unambiguously worsens the nation’s already unsustainable fiscal path. Among its key findings are these:

· Even under an optimistic scenario, the health care law will add more than $1.15 trillion to federal spending over the next decade.

· The law will add more than $340 billion and as much as $530 billion to federal deficits over the same period, and increasing amounts thereafter.

· To ensure the health care law doesn’t worsen the nation’s fiscal outlook, two-thirds of the subsidies must be repealed or other fiscal offsets found before benefits begin in 2014.

Read More

A new study by Chuck Blahous, public trustee for Medicare and Social Security, blows to smithereens the claim that the Affordable Care Act (aka ObamaCare) will cut the deficit. According to Blahous, President Obama’s health care law unambiguously worsens the nation’s already unsustainable fiscal path. Among its key findings are these:

· Even under an optimistic scenario, the health care law will add more than $1.15 trillion to federal spending over the next decade.

· The law will add more than $340 billion and as much as $530 billion to federal deficits over the same period, and increasing amounts thereafter.

· To ensure the health care law doesn’t worsen the nation’s fiscal outlook, two-thirds of the subsidies must be repealed or other fiscal offsets found before benefits begin in 2014.

The Obama administration is employing intellectually shallow arguments to counter the findings of the study. “Opponents of reform are using ‘new math’ while they attempt to refight the political battles of the past,” an anonymous White House budget official told the Washington Post. “The fact of the matter is, the Congressional Budget Office and independent experts concluded that the health-reform law will reduce the deficit. That was true the day the bill was signed into law, and it’s true today.”

That is because the Obama administration relies on what’s known as double counting, something even the CBO admits. The Post story, as well as this analysis by Yuval Levin, explains the matter in detail. So does Richard Foster, chief actuary of Medicare, who in 2010 wrote, “In practice, the improved [Medicare trust fund] financing cannot be simultaneously used to finance other Federal outlays (such as the coverage expansions) and to extend the trust fund, despite the appearance of this result from the respective accounting conventions.” What Foster was telegraphing is that while he was bound by accounting rules to double count, he knows it provides a terribly misleading picture of the fiscal effects of the Affordable Care Act. That is quite an admission by a man who works for the president.

The conclusion by Blahous is, from the Obama administration’s perspective, brutally straightforward:

Taken as a whole, the enactment of the ACA has substantially worsened a dire federal fiscal outlook. The ACA both increases a federal commitment to health care spending that was already unsustainable under prior law and would exacerbate projected federal deficits relative to prior law. This is an unambiguous conclusion, as it would result regardless of the degree of future success attained in upholding various cost-saving provisions now embedded in the law.

Once again, reality is blowing apart the imaginary world created by Obama. More and more, it seems, the various claims made by the president should begin with these four words: “Once upon a time.”

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.