individual mandate

The Suicide Pact as a Political Argument

#PutiPoodle | #WhatTheyVotedFor

Contemplation of Justice

This is an interesting starting point:

If the Justice Department and the FBI knowingly used an unreliably biased witness to win a FISA warrant against Carter Page, violating his civil liberties in the process, you would therefore expect that there are some judges on the FISC who are concerned. They, after all, are the ones who were misled. They are the ones who signed warrants and renewals based on shoddy information. Conversely, if the judges on the FISC are not hopping mad, you might take that as evidence that they don’t, in fact, feel misled and that the Justice Department and FBI conduct was, after all, reasonably within the obligations of lawyers and investigators before the court.

(Wittes)

One particularly difficult aspect of the #TrumpRussia scandal is the manner in which the context of dispute overshadows history itself. It is telling, in comparison, that Democrats have come to defend and advocate the individual mandate, but also that Republicans and conservatives turned on their own idea; at some point, we ought to take the note about insincerity. It has, for years, also been true that a liberal political relationship to law enforcement is fraught, to say the least; but it is also true that conservatives have simultaneously drummed up tough law-and-order talk while relying more and more on conspiracy theories denigrating and defaming law enforcement institutions. Naturally, the allegedly liberal party finds itself defending the law enforcement agency and agent that, to the one, undertook irregular actions wrecking the Democratic presidential candidate, and that alone ought to be boggling. To the other, if we set aside Donald Trump for a moment, the FBI is also the agency that reviews its own duty-related killings, and has found itself to be perfect, something like a hundred fifty out of a hundred fifty. Given a day in court to indict all the sleazy tactics of a powerfully effective eugenic “drug war” any liberal would find the FBI in line to defend the necessity of allowing law enforcement to behave that way. Yet the spectacle continues apace, with Republicans hollering until they wheeze and Democrats breathlessly defending one of the most controversial law enforcement agencies on the planet. Without this extraordinary, self-inflicted presidential scandal requiring our priority, what is up with the Federal Bureau of Investigation, anyway? Federal law enforcement is still law enforcement.

Just as Democrats finding themselves rallying to defend the individual mandate ought to be significant of something about how we reached this point, or Jade Helm leaving liberals to consider posturing an ostensible general defense of the American military; or, if we can remember back to 2009, the conservative roll from patriotism and the indignity of protesting against the president to the patriotic necessity of threatening the president with firearms; or, hey, we might consider decades of conservative conspiracism including the National Rifle Association, and then wonder whether it will be law enforcement or the military confiscating the guns; so, too, might we wonder at the trend of conservatives behaving so badly that others need to do their jobs for them.

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A Note on Impetus

#SomethingTerrific | #WhatTheyVotedFor

A portion of the U.S. Capitol dome. (Detail of photo by Win McNamee/Getty Images, 2013)

There is always this:

Sen. John Kennedy, a Republican freshman from Louisiana, said yesterday that he likes the idea of turning health care over to the states—the core rationale behind the pending Graham-Cassidy proposal—but he’s not entirely comfortable with the direction some blue states might take.

“If you give California and New York a big chunk of money, they’re gonna set up a single-payer system,” the GOP senator said. “And I wanna prevent that.”

It’s curious. Republicans only seem to like turning over authority to states and local governments when they’re confident states and local governments will govern in a conservative way.

(Benen)

Perhaps a bit more directly:

Perhaps the oddest thing about the last-ditch Republican plan to repeal Obamacare is that it is being sold not as a repeal of Obamacare—which is popular—but instead as a rebuke to a law that does not yet exist. “If you want a single-payer health-care system, this is your worst nightmare,” Lindsey Graham has boasted of his plan. “Hell no to Berniecare.” Graham’s weird promise that his plan “ends single-payer health care” has somehow taken hold, to the point where Republicans appear to believe it would foreclose even public debate on left-wing alternatives. The bill “stops us from having conversation in the future about Medicare for all,” claims Senator Tim Scott.

(Chait)

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The Ted Cruz Show (Hair-on-Fire Apoplexy)

Sen. Ted Cruz (R-TX) responds to the 2015 State of the Union address in an online video, 20 January 2015.

“As ridiculous as Cruz’s posturing seems, it’s important to remember the broader context: national GOP candidates have a built-in incentive to be as hysterical as possible right now, in the hopes of currying favor with the party’s base. Mild, reasoned disappointment with the court doesn’t impress far-right activists; unrestrained, hair-on-fire apoplexy does.”

Steve Benen

This is an obvious point, or, at least one might think.

Steve Benen points to his msnbc colleague Benjy Sarlin’s report Friday last detailing the 2016 GOP presidential reactions following the Supreme Court’s 5-4 decision in favor of same sex marriage:

Sen. Ted Cruz (R-Tex.) went so far as to call for a constitutional convention to overturn the court’s decision while campaigning in Iowa, according to CNN. In an interview with Sean Hannity he called the back-to-back rulings on health care and gay marriage “some of the darkest 24 hours in our nation’s history.”

While the Texas junior is hardly the only Republican presidential candidate opting to skip out on posturing his response within the realm of general dignity, Mr. Benen responded aptly:

Hannity, incidentally, found Cruz’s rhetoric quite compelling, responding, “I couldn’t say it more eloquently.”

For what it’s worth, it’s not hard to think of some genuinely tragic 24-hour periods in American history. The Lincoln assassination comes to mind. So does the time British troops burned the White House. There were days during the Civil War in which tens of thousands of Americans died on the battlefield. Just in the last century, we witnessed the JFK assassination, Pearl Harbor, and a corrupt president resign in disgrace.

For the Republican presidential hopeful, learning that Americans will have health benefits and loving couples will get married belongs on the same list.

The thing is that Mr. Cruz is not entirely wrong; the rest, as Benen points out, is a matter of perspective.

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More on King v. Burwell

The Supreme Court building in Washington, D.C.

A thematic question: At this point, how is it still a question?

There is a bit somewhere in a book about the Universe asserting what seems nearly circular, that we know what we know is right because it is what we know. That is, of course, an insufficient paraphrase, a memory of how the point felt, but it is also true that if what we think we know is that wrong, there would be no satellite communications. Try a simpler version. If you know a football coach, test a proposition; there is only so long one can hear people say a professional athlete “sucks”. Not a good day, maybe in a larger slump, but you don’t distill in the process and elevate to that valence if you suck. One might think similar things of, say top-tier electoral politics, but no, it doesn’t work that way. It is supposed to, or so we might imagine, except Sarah Palin was nominated to run for vice-president once upon a time, and we all watched Mitt Romney’s disastrously ill-executed campaign for the presidency in two years ago.α

Certes, such comparisons are notoriously vague, but here is the theme: At some point, we cannot maintain confidence if certain properties remain variable and unresolved; if questions of a particular nature and context remain in effect, how is the larger paradigm expected to function at a given valence?

Or perhaps we should simply start with standing. A juristic context. We considered the issue briefly, yesterday, but something about awestruck disbelief seems to have gotten the better of us.

Point being that one might wonder how standing could remain a potentially affecting question when a case reaches the Supreme Court.

Just sayin’.

However, Louise Radnofsky and Brent Kendall bring the question back to focus for The Wall Street Journal:

One of the plaintiffs in the Supreme Court case against the Affordable Care Act listed a short-term-stay motel as her address when she joined the lawsuit, potentially calling into question her basis for suing.

Rose Luck is among four plaintiffs suing the Obama administration to eliminate tax credits under the law that make health insurance cheaper for millions of Americans. They say the wording of the 2010 law allows consumers to tap the credits only in states that run their own insurance exchanges, and not their home state of Virginia, which is one of as many as 37 states that use the federal enrollment system.

And at this point it’s easy enough to make a point about how this sort of technicality shouldn’t matter; after all, the case has survived, anyway, and has achieved SCOTUS valence.

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