Every Presidental election is now about an Obamacare Waiver

by Datechguy | June 28th, 2012

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Every Presidental election is now about an Obamacare Waiver

Ali Akbar: “…And if this law passes we’ll repeal it.”

DaT­e­chGuy: “No we won’t!”

Boston: Jan­u­ary 17th 2010

OK peo­ple on the left, you wanted Oba­macare to be upheld it has been. Your huge tax increase on the Amer­i­can peo­ple (that you pre­tended was not) is legal.

To my friends on the right, I don’t care what the dis­sents were, they don’t mat­ter. Nor am I going to pre­tend that we are going to be able to repeal it, we need 60 votes in the sen­ate to do so and that just isn’t going to hap­pen for a while, so let me tell you what IS going to happen.

1. Mitt Rom­ney just won in 2012.

The Obama brand was in trou­ble already but there was some hes­i­ta­tion of those in the base to embrace him. There is absolutely noth­ing that will ener­gize that base more than this issue. This is not going to be close.

2. Every elec­tion is now about Obamacare

The pres­i­dent has been giv­ing indi­vid­ual orga­ni­za­tion wavers. Mitt Rom­ney has already said he will give the entire coun­try a waiver to Oba­macare. This means that in 2016 the demo­c­rat can­di­date will have to revoke that waiver in order to imple­ment it.

So every four years the ques­tion will be before the Amer­i­can Peo­ple: “Do you want Oba­macare imple­mented or not?”, until it is imple­mented or repealed.

Democ­rats this is the polit­i­cal ground you wanted, I hope you enjoy it.

Update: added sen­tence con­cern­ing: “Do you want Oba­macare imple­mented or not?”

Update 2: If Oba­macare is a tax then every demo­c­rat who runs promis­ing to remove a Oba­macare waiver is promis­ing to increase taxes. It’s all up to us as Glenn Reynolds put it:

The Supreme Court has refused to save us from our­selves. The rem­edy now will have to be political.

Update 3: Remem­ber when we were told that this wasn’t a tax?

Rep­re­sen­ta­tive Louie Gohmert has a suc­cinct sum­mary of the Court’s deci­sion today. The Supreme Court told us today “of course they are liars. You should have known they were liars.

Update 4: if you won’t believe me will you believe Ann Alt­house?

I have said repeat­edly that Obama would be worse off if Oba­macare were upheld, but what I’m really see­ing is how bad it is for him with the man­date declared a tax.

Remem­ber the Democ­rats got the statute passed by insist­ing it was not a tax. Now, we learn it is only con­sti­tu­tional because it is a tax. That’s got to hurt politically.

Update 5: If this is true then it is a national dis­grace

Scalia’s dis­sent, at least on first quick perusal, reads like it was orig­i­nally writ­ten as a major­ity opin­ion (in par­tic­u­lar, he con­sis­tently refers to Jus­tice Ginsburg’s opin­ion as “The Dis­sent”). Back in May, there were rumors float­ing around rel­e­vant legal cir­cles that a key vote was tak­ing place, and that Roberts was feel­ing tremen­dous pres­sure from uniden­ti­fied cir­cles to vote to uphold the man­date. Did Roberts orig­i­nally vote to inval­i­date the man­date on com­merce clause grounds, and to inval­i­date the Med­ic­aid expan­sion, and then decide later to accept the tax argu­ment and essen­tially rewrite the Med­ic­aid expan­sion (which, as I noted, cit­ing Jonathan Cohn, was the sleeper issue in this case) to pre­serve it? If so, was he respond­ing to the heat from Pres­i­dent Obama and oth­ers, pre­emp­tively threat­en­ing to dele­git­imize the Court if it inval­i­dated the ACA?

Update 6: Inter­est­ing point at Red­state via newsalert and Insty

With John Roberts’ opin­ion, the repeal fight takes place on GOP turf, not Demo­c­rat turf. The all or noth­ing repeal has always been bet­ter ground for the GOP and now John Roberts has forced every­one onto that ground. Oh, and as I men­tioned ear­lier, because John Roberts con­cluded it was a tax, the Democ­rats can­not fil­i­buster its repeal because of the same rec­on­cil­i­a­tion pro­ce­dure the Democ­rats used to pass it.

If that is cor­rect it changes the equation

Update 7: The suck­ers are falling for it:

Imme­di­ately after the Supreme Court deci­sion, the Demo­c­ra­tic Sen­a­to­r­ial Cam­paign Com­mit­tee (DSCC) sent out a peti­tion that said, “Stand Up for Obamacare!”

Sign here right now and tell Pres­i­dent Obama that you have his back and show your sup­port for Oba­macare,” the peti­tion urged.

Now that the DSCC has offi­cially taken own­er­ship of the “Oba­macare” label, it will be inter­est­ing to see how that impacts Democ­rats, such as Missouri’s Claire McCaskill and Montana’s Jon Tester, who are in extremely tough Sen­ate reelec­tion bat­tles in their respec­tive states.

Please PLEASE democ­rats embrace Oba­macare before this election.

Update 8: NRO gets it

First, those who dis­like the man­date — which includes a major­ity of U.S. vot­ers — will now have no recourse but to vote for Mitt Rom­ney to repeal it. Sec­ond, the only way the admin­is­tra­tion pre­vailed was to have Obama’s main leg­isla­tive accom­plish­ment rede­fined as one of the largest middle-​class tax increases in the his­tory of the country.

Does that really sound like a good polit­i­cal out­come to you?

Sounds like a good polit­i­cal out­come to me.

Update 9: Hey remem­ber the Catholic Church’s protests on reli­gious lib­erty, lets not for­get that thanks to today’s rul­ing they will con­tinue through elec­tion day.

Update 10: The Anchoress:

Well, as Glenn points out a tax repeal can’t be fil­i­bus­tered. Inter­est­ing times ahead. Is it pos­si­ble that Roberts, con­cerned by threats from the left that they would de-​legitimize the court if it struck down Oba­macare, rea­soned as he did to both give the GOP a work­able means of repeal­ing the thing through leg­is­la­tion while also utterly defang­ing those threats? After all, if you look at the peo­ple scream­ing about the court yes­ter­day, they’re all purring like kit­tens on twit­ter, and call­ing SCO­TUS “hum­ble” and “judi­cious.” There’s no more talk of “par­ti­san, activist judges” today.

Are the Dems and the press going to wake up in the mid­dle of the night, think about that and cringe?

That’s up to the voters.

Update 11: Rox­eanne De Luca: John Roberts, I love you, you blue-​eyed, dia­bol­i­cal hot­tie
— — -
The DaT­e­chGuy Fundraiser is in progress, our goal is $3000 and any help is appre­ci­ated. For details click here for the progress check the ther­mome­ter to the right and to kick in hit DaTip­Jar”. If you want some­one to fight against this stuff, I’m right here.





Ali Akbar: “…And if this law passes we’ll repeal it.”

DaTechGuy: “No we won’t!”

Boston: January 17th 2010

OK people on the left, you wanted Obamacare to be upheld it has been. Your huge tax increase on the American people (that you pretended was not) is legal.

To my friends on the right, I don’t care what the dissents were, they don’t matter. Nor am I going to pretend that we are going to be able to repeal it, we need 60 votes in the senate to do so and that just isn’t going to happen for a while, so let me tell you what IS going to happen.

1. Mitt Romney just won in 2012.

The Obama brand was in trouble already but there was some hesitation of those in the base to embrace him. There is absolutely nothing that will energize that base more than this issue. This is not going to be close.

2. Every election is now about Obamacare

The president has been giving individual organization wavers. Mitt Romney has already said he will give the entire country a waiver to Obamacare. This means that in 2016 the democrat candidate will have to revoke that waiver in order to implement it.

So every four years the question will be before the American People: “Do you want Obamacare implemented or not?”, until it is implemented or repealed.

Democrats this is the political ground you wanted, I hope you enjoy it.

Update: added sentence concerning: “Do you want Obamacare implemented or not?”

Update 2: If Obamacare is a tax then every democrat who runs promising to remove a Obamacare waiver is promising to increase taxes. It’s all up to us as Glenn Reynolds put it:

The Supreme Court has refused to save us from ourselves. The remedy now will have to be political.

Update 3: Remember when we were told that this wasn’t a tax?

Representative Louie Gohmert has a succinct summary of the Court’s decision today. The Supreme Court told us today “of course they are liars. You should have known they were liars.

Update 4: if you won’t believe me will you believe Ann Althouse?

I have said repeatedly that Obama would be worse off if Obamacare were upheld, but what I’m really seeing is how bad it is for him with the mandate declared a tax.

Remember the Democrats got the statute passed by insisting it was not a tax. Now, we learn it is only constitutional because it is a tax. That’s got to hurt politically.

Update 5: If this is true then it is a national disgrace

Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. Did Roberts originally vote to invalidate the mandate on commerce clause grounds, and to invalidate the Medicaid expansion, and then decide later to accept the tax argument and essentially rewrite the Medicaid expansion (which, as I noted, citing Jonathan Cohn, was the sleeper issue in this case) to preserve it? If so, was he responding to the heat from President Obama and others, preemptively threatening to delegitimize the Court if it invalidated the ACA?

Update 6: Interesting point at Redstate via newsalert and Insty

With John Roberts’ opinion, the repeal fight takes place on GOP turf, not Democrat turf. The all or nothing repeal has always been better ground for the GOP and now John Roberts has forced everyone onto that ground. Oh, and as I mentioned earlier, because John Roberts concluded it was a tax, the Democrats cannot filibuster its repeal because of the same reconciliation procedure the Democrats used to pass it.

If that is correct it changes the equation

Update 7: The suckers are falling for it:

Immediately after the Supreme Court decision, the Democratic Senatorial Campaign Committee (DSCC) sent out a petition that said, “Stand Up for Obamacare!”

“Sign here right now and tell President Obama that you have his back and show your support for Obamacare,” the petition urged.

Now that the DSCC has officially taken ownership of the “Obamacare” label, it will be interesting to see how that impacts Democrats, such as Missouri’s Claire McCaskill and Montana’s Jon Tester, who are in extremely tough Senate reelection battles in their respective states.

Please PLEASE democrats embrace Obamacare before this election.

Update 8: NRO gets it

First, those who dislike the mandate — which includes a majority of U.S. voters — will now have no recourse but to vote for Mitt Romney to repeal it. Second, the only way the administration prevailed was to have Obama’s main legislative accomplishment redefined as one of the largest middle-class tax increases in the history of the country.

Does that really sound like a good political outcome to you?

Sounds like a good political outcome to me.

Update 9: Hey remember the Catholic Church’s protests on religious liberty, lets not forget that thanks to today’s ruling they will continue through election day.

Update 10: The Anchoress:

Well, as Glenn points out a tax repeal can’t be filibustered. Interesting times ahead. Is it possible that Roberts, concerned by threats from the left that they would de-legitimize the court if it struck down Obamacare, reasoned as he did to both give the GOP a workable means of repealing the thing through legislation while also utterly defanging those threats? After all, if you look at the people screaming about the court yesterday, they’re all purring like kittens on twitter, and calling SCOTUS “humble” and “judicious.” There’s no more talk of “partisan, activist judges” today.

Are the Dems and the press going to wake up in the middle of the night, think about that and cringe?

That’s up to the voters.

Update 11: Roxeanne De Luca: John Roberts, I love you, you blue-eyed, diabolical hottie
——-
The DaTechGuy Fundraiser is in progress, our goal is $3000 and any help is appreciated. For details click here for the progress check the thermometer to the right and to kick in hit DaTipJar”. If you want someone to fight against this stuff, I’m right here.





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