Constitutional Contempt: Why the Obama Legal Team Struggled at the Supreme Court
After three days of arguments before the Supreme Court, the Obama administration and its supporters have been found in contempt. Not of the court, but of the Constitution. ... The sophistries on which the Obamaphiles relied to defend their health care power grab were perhaps best summarized by Slate legal columnist Dahlia Lithwick: "That the law is constitutional is best illustrated by the fact that -- until recently -- the Obama administration expended almost no energy defending it."A Supreme Shock for 'La-La' Libs
That lack of energy came back to haunt them Tuesday when Solicitor General Donald Verrilli turned in a stammering, barely coherent performance worthy of the public defender in My Cousin Vinny as he struggled to articulate a constitutional defense of Obamacare. The arguments went only slight better for Verrilli yesterday. The administration seemed ill prepared to answer even basic, predictable questions about the law's constitutional basis. ...
The panicked reception in the mainstream media of the three-day Supreme Court health-care marathon is a delightful reminder of the nearly impenetrable parochialism of American liberals.Did Bloggers Kill the Health Care Mandate?
They’re so convinced of their own correctness — and so determined to believe conservatives are either a) corrupt, b) stupid or c) deluded — that they find themselves repeatedly astonished to discover conservatives are in fact capable of a) advancing and defending their own powerful arguments, b) effectively countering weak liberal arguments and c) exposing the soft underbelly of liberal self-satisfaction as they do so. That’s what happened this week. ...
A handful of right-wing legal experts have changed the way Americans view the Affordable Care Act. But why did they wage this battle in the media instead of in the courtroom?Meanwhile, Obamacare's implementation marches on in the bowels of the Executive Branch, and it promises an invasion of personal privacy that would make a proctologist wince.
Blogs—particularly a blog of big legal ideas called Volokh Conspiracy—have been central to shifting the conversation about the mandate challenges. At Volokh, Barnett and other libertarian academics have been debating and refining their arguments against the mandate since before the ACA was signed. ...
Whatever the merits of those claims, it started a national, popular conversation about the Constitution. ... The way conservatives have framed this issue also makes the public feel more confident about discussing it in a substantive way. ... Americans today are especially excited by reasoning that makes the Constitution feel more accessible. ...
IRS Gearing Up for Health-Care Crackdown
The rest of the country may be waiting for the U.S. Supreme Court to decide the fate of President Barack Obama's health-care law, but the Internal Revenue Service is wasting no time. It wants to add new agents to hunt down tax cheats and still plans to spend $303.5 million building a system to oversee the effects of the health law even though its future is unclear.Although no one can predict the High Court's final decision(s), constitution-loving Americans everywhere can be at least a bit hopeful that liberals' bubble of self-delusion will be thoroughly punctured in June.
As for the new IRS workers, the Government Accountability Office said the total will be about 4,500, with nearly 4,000 (3,997) slated for enforcement...
UPDATE: Add this article to the mix.
How Obamacare Derailed the Economic Recovery
Here we go again. All eyes are on the Supreme Court as it wrestles with whether or not President Obama’s healthcare bill is constitutional. The country is divided on the merits of the law, but this we can say with certainty: Obamacare profoundly gummed up our recovery from the financial crisis.
Assuming that the $800 billion Recovery and Reinvestment Act, aka the stimulus, would work the magic promised by his economics team, Mr. Obama set off on his quest to guarantee healthcare for every American. The resulting food fight over the legislation – the ugly parceling out of favors in return for votes and lies told to justify passage -- permanently damaged President Obama’s reputation, divided a country desperate to heal, and distracted the White House from further efforts to build employment. It was a terrible decision, and the country continues to pay for it.
Whether or not the Supreme Court upholds the government’s mandate that every American must purchase healthcare insurance, Obamacare is a failure. ... The reality is that numerous projects and programs might have passed a less fractious Congress and been supported by a less divided country. Though rising deficits ultimately would have alarmed taxpayers, more growth would have tempered both budget and enthusiasm gaps. Instead, we have suffered the worst of all worlds – a government hobbled by political and economic constraints and a people pessimistic about the future. This is the legacy of Obamacare.