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Posts Tagged ‘bipartisan opposition’

Dems Complete Nullification of Scott Brown’s Election Via “Unprecedented” Reconciliation Switch

Thursday, March 25th, 2010

Senator Scott Brown (D-MA), who won a special election in late January 2010 on a platform of opposing Obamacare in the most liberal state in America, has seen his election nullified by Senate Democrats by the midstream switch to reconciliation

By a vote of 56-43, with three Democrats, Sen. Ben Nelson (D-NE), Sen. Blanche Lincoln (D-AR) and Sen. Mark Pryor and Mary Landrieu (D-LA), joined by all 41 Republicans, failing to put the breaks on a large package of changes to the existing law known as Obamacare.   Every vote taken on Obamacare in the past few weeks has had the same character: bipartisan opposition failing to stop the remaining majority of Democrats from passing the legislation – hardly what the average American would expect on the signature legislation of President Obama, as the media-created Obama Brand is one of a “bipartisan” “pragmatic” “centrist” leader.   Indeed, the only thing bipartisan about the legislation is the opposition to it from centrist Democrats and the entire Republican Party.

Obama and the Democrats had tried to avoid making any changes to the House reconciliation package, but the Senate Parliamentarian ruled some parts of it out of order under reconciliation rules, forcing the Senate Democrats to make some changes and  sending the entire reconciliation Obamacare package back to the House for a final, final vote tonight.   The Dems and GOP House members are going back and forth with short speeches in the House now.

It looks like the House will vote shortly to bring the Obamacare legislating to a close:

The Senate approved a package of fixes to the health care reform law Thursday, drawing to a close the chamber’s year-long effort to overhaul the nation’s insurance system.

But the work isn’t done quite yet.

The bill passed 56 to 43, with Vice President Joe Biden presiding over the chamber. Senate Republicans forced a pair of changes to the reconciliation bill overnight, sending it back to the House for a final vote later Thursday.

Democrats believe the minor changes – to language regarding Pell Grants for low-income students – won’t derail House passage, meaning that Democrats are set to finally conclude the legislative struggle needed to make health reform a reality.

As you can see from the prose above from Politico,the establishment media is in a state of near orgasm over the imminent final passage of the Obamacare package, as the average left wing journalist is overjoyed to “finally conclude the legislative struggle needed to make health reform a reality.” That is actually fairly tame compared to the NYT, who declares just now that

The NYT, in a moment of candor, admits that the procedural trickery engaged in by Senate Democrats was successful in avoiding the will of the American people as embodied by the election of Senator Scott Brown (D-MA) in January 2010 on a platform of explicit opposition to Obamacare and a promise to be the “41st vote” to stop Obamacare in the Senate.

The Senate action appeared to be the penultimate step in a series of intricate legislation maneuvers that Democrats were forced to undertake after a Republican, Scott Brown, won a special Senate election in Massachusetts on Jan. 19, stripping Senate Democrats of the 60th vote that they needed to surmount Republican filibusters.

In a sane world, the “paper of record” in the United States would be troubled by Congress’s manipulation of its procedural rules to avoid the electoral will of the American people, but alas, the NYT has no such concerns, as in the very next paragraph the Times slips into its well-worn role as fawning Obama cheerleader, praising him for engineering the entire process of “intricate legislative maneuvers that the Democrats were forced to take” to subvert the will of the American people as expressed by the election of Scott Brown:

Many Democrats credited the president with having saved the legislation from the brink of collapse. He held a remarkable, day-long televised forum with Congressional leaders of both parties, lobbied for the overhaul in campaign-style rallies around the country, attacked abuses by private insurance companies, and repeatedly told the stories of everyday Americans who had suffered in the existing health system.

The Times appears to be a cheap date regarding the lavish praise it tosses out above for Obama, as everything they list as Obama’s “remarkable” actions are just standard, scripted political events that require little by way of unique or “unprecedented” skill sets to accomplish. It is odd for the “paper of record” to so explicitly celebrate the use of “intricate legislative maneuvers” and staged, scripted political events by DC officials to avoid the logical result of recent election results.

Indeed, the fact that the Democrats did indeed manage to make history by switching, midstream, from a bill passed via regular order to a reconciliation bill, would have merited a mention from the “paper of record”. However, the NYT fails to note this “unprecedented” legislative trickery by Obama and the Demcrats, but it was noted by ardently ideological leftist Lawrence O’Donnell.  The entire uncut O’Donnell appearance on Morning Joe on March 12, 2010 can be seen here.  O’Donnell notes the “unprecedented” nature of the Democrats’ plan to switch gears after Scott Brown’s Senate victory and pursue reconciliation to pass Obamacare:

JOE SCARBOROUGH: Will Democrats get health care passed?

LAWRENCE O’DONNELL: I’m going to say what I’ve said all along in my humble approach to this subject.  I, having worked on this kind of legislation on the Senate floor, trying to get it passed, and in committee.  I do not see how they can do this.  Now, and part of that is because it’s never been done before. And they have moved into a legislative territory that has never previously existed.  The Republicans have not been very smart about trying to describe this. It’s difficult to describe.  But this is unprecedented, using reconciliation this way. Because what they’ve done, is that they’ve abandoned a bill in mid-conference. The Senate passed a bill, the House passed a bill. They were in mid-conference negotiating this bill, in conference, and they said it’s going to be impossible for us to pass it now because of Scott Brown, so we’re going to abandon conferencing this bill and move over to another legislative vehicle, called reconciliation.  To handle something you’ve already been legislating another way, now, that’s never occurred before.

SCARBOROUGH: That’s never happened?

O’DONNELL: Never, never, never.

When the history books are written about the passage of Obamacare, perhaps this unprecedented legislative trickery, now completed, by Democrats to accomplish a nullification of the election of Scott Brown (R-MA) will garner more attention.  For now, the establishment media is sure to continue in near orgasm mode, with lavish praise for media hero Obama and his merry band of Democrats.

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American Communist Paper Praises Obama and Progressives For Passing Obamacare

Thursday, March 25th, 2010

President Barack Obama and the editors of the American communist newspaper People's World used simliar language to describe the great "victory" of the "people" obtained by the passage of Obamacare

In an editorial that the Obama Administration surely wishes had not been written, American communist newspaper People’s World issued a ringing endorsement of President Obama and the Democrats’ actions in muscling Obamacare through Congress over bipartisan opposition, with the editorial board of the communist newspaper claiming that the “enactment of this bill is an enormous victory for the broad progressive movement in our country” while oddly claiming that “almost every sector of American society” and “ordinary people from throughout the country applauded President Obama” and Pelosi for passing Obamacare. As President Obama has also claimed that the “people” were strongly in support of his health care policies and further he has been labeled a progressive, the praise of his actions by the People’s World editors is sure to stir some interest in tomorrow’s media cycle and conservative talk radio.

American communists apparently have a big problem with the tea party movement, which has a net positive rating (29%-23%, +8) with the general American public, while the Democrats (33%-48%, -15) and Republicans (33%-42%, -9) both have net negative ratings. For instance, despite the lack of any audio or video evidence of the racial slurs allegedly uttered by tea party protesters at Saturday’s 25,000-strong protest in DC, People’s World ridiculously compares the tea party to infamous and violent racist Bull Conner:


Beyond that, its passage is a major defeat for the far right – the Republican Party, sections of Corporate America, and their fascist-like tea party shock troops. The enactment of this bill is an enormous victory for the broad progressive movement in our country. It will give energy and enthusiasm to that movement as it mobilizes and builds for the struggles ahead to advance a pro-worker, pro-people agenda.

The fight isn’t over. The corporate-backed far right will continue to use racism, lies and anti-government conspiracy theories to try to scare and confuse people. We got some ugly glimpses of this just as Congress was on the eve of passing the health care bill.

Tea party protesters in Ohio yelled at and abused a man with Parkinson’s disease because he was courageous enough to show his support for health care reform. In Washington, others yelled racist and homophobic epithets at members of Congress.

Some call it the tea-partiers’ Bull Connor moment. Connor was the racist, pro-segregation “public safety” commissioner in Birmingham, Ala., who used dogs and fire hoses against African American children standing up against Jim Crow in the 1960s.

Just as the American people rejected the Bull Connor segregationists after seeing the fire-hosing of children in Birmingham, the American people will reject the vicious racism and hate-filled attacks of today’s Bull Connors.

After almost a year of lobbying, demonstrations, petitions, rallies, health care story collections, town hall meetings, this is a moment to savor a hard-fought victory. And it’s a moment to celebrate the persistence and tenacity of the people’s movement for progressive change – a good thing since there are many more battles ahead.

Even if the sensational, and unproven, allegations against the tea partiers regarding offensive slurs and conduct are true, that alleged conduct in no way compares to the truly horrific conduct of the likes of Bull Conner, notwithstanding the American communist newspaper’s odd claims above. People’s World’s claim that Obamacare’s passage is “a moment to celebrate the persistence and tenacity of the people’s movement for progressive change”, is uncomfortably close to the President’s own rhetoric in this email to supporters late Sunday night:

My gratitude tonight is profound. I am thankful for those in past generations whose heroic efforts brought this great goal within reach for our times. I am thankful for the members of Congress whose months of effort and brave votes made it possible to take this final step. But most of all, I am thankful for you.

This day is not the end of this journey. Much hard work remains, and we have a solemn responsibility to do it right. But we can face that work together with the confidence of those who have moved mountains.

Our journey began three years ago, driven by a shared belief that fundamental change is indeed still possible. We have worked hard together every day since to deliver on that belief.

We have shared moments of tremendous hope, and we’ve faced setbacks and doubt. We have all been forced to ask if our politics had simply become too polarized and too short-sighted to meet the pressing challenges of our time. This struggle became a test of whether the American people could still rally together when the cause was right — and actually create the change we believe in.

The Communist American Newspaper People's Daily and President Barack Obama both claim the passage of Obamacare is a "victory" for the American people - despite the fact that 62% of Americans want the GOP to continue to fight Obamacare in the aftermath of the historic passage this week.

Both the communist editorial and Obama email point towards the great “victory” achieved by the “people” via the passage of Obamacare – despite the fact that a majority of Americans oppose Obamacare, and its passage was animated by vocal popular opposition in and around Congress, and little vocal support of any kind.  Considering these facts, it is certainly odd to hear both the President of the United States and the editors of one of America’s leading communist newspapers claim that Obamacare was just swept into law by popular demand – such claims simply to not match up with realty.

Indeed, opponents of Obamacare are very intense about their disapproval while supporters are mainly lukewarm, at best. This is proven, in part, by the fact that 62% of Americans want the GOP to continue to fight Obama and the Democrats regarding Obamacare – hardly a ringing endorsement by the American people.

Further, the American communist newspaper and Obama’s email also share the claim that the much remains to be done by the “people” in the near future. There is something disquieting about the President of the United States using similar metaphors and language to describe the passage of Obamacare as the editors of one of the leading American communist newspapers. Obama’s email on Tuesday, signing day, also refers to the great historical victory of the people:

As I’ve said many times, and as I know to be true, this astounding victory could not have been achieved without your tireless efforts.

So as we celebrate this great day, I want to invite you to add your name where it belongs: alongside mine as a co-signer of this historic legislation. Organizing for America will record the names of co-signers as a permanent commemoration of those who came together to make this moment possible — all of you who refused to give up until the dream of many generations for affordable, quality care for all Americans was finally fulfilled.

Please accept my thanks for your voice, for your courage, and for your indispensable partnership in the great work of creating change.

History, and I, are in your debt.

The People’s Daily’s claim that the tea parties are extremists was also echoed by the Obama Administration, as White House Chief of Staff Rahm Emanuel claimed the tea partiers are a “fringe group” and that the GOP leaders are “afraid of”:

I think The Republicans have a level of energy but inside that energy they have their own problem and fissures. They’re basically at the behest of a fringe group that’s taken control of their own party and their own leaders are scared of it.

Considering the editors of the American communist newspaper the People’s World use similar rhetoric as President Obama to describe the great “progressive” popular victory of the “people” in obtaining Obamacare passage, and further that Rahm Emanuel and People’s World share views regarding the tea party, centrists and independent Americans are left to wonder about what exactly the Democrats intended to accomplish with their 2407-page Obamacare package. Comments by Senior Dem. Rep. John Dingell (D-MI) that the Democrats need time to prepare for the next few years to allow full enactment of Obamacare “to control the people” and VP Biden’s comment that via Obamacare “we’re going to control the insurance companies” add further concern and uncertainty for centrist and independent Americans assessing the newly-passed Obamacare package.  In sum, the fact that a leading American communist organization is praising the President of the United States for passing his signature initiative, Obamacare, is a bright red flag for the many Americans reviewing the Obamacare package this week.

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The Obama Brand: Tarnished by the Passage of Obamacare over Bipartisan Opposition and Special Interest Deals

Monday, March 22nd, 2010

Has the Obama Brand Been Tarnished By the Ugly Partisan Process Surrounding the Passage of his Signature Initiative, Obamacare?

President Barack Obama and the Democrats deserve a night or two to celebrate their historic victory in ramming the Obamacare package through Congress against bipartisan opposition, although only Democrats voted for the bill last night (219) while both Democrats (34) and Republicans (all) opposed the bill. However, as the reality of passage sets in upon America, an analysis of the political effects upon the Obama Brand is an interesting subject to review. CentristNet takes on this subject as the establishment media is in full celebration mode, with absolutely no focus so far in any reporting about the meaning of the substantial Democratic defections in the House yesterday or the lack of a single Republican vote in Congress for the massive initiative that defines the Obama Administration.

President Barack Obama will sign the Senate bill, as passed by the House last night, into law sometime this week, making the Louisiana Purchase, Cornhusker Kickback and unfair exclusion of only Florida residents from the cuts to Medicare Advantage the law of the land while also sanctioning a very flawed process that led a bipartisan coalition of legislators to oppose the Democrats-only bill.

President Obama ran for election in 2008 as a bipartisan, pragmatic problem solver and has frequently claimed in 2009 and 2010 that he is running his Presidency in an open, transparent and bipartisan manner while fighting the “special interests” on behalf of the American people. Now, centrist and independent Americans, as well as ideologues on both sides, are confronted with the example of the signature initiative of the Obama Presidency – health care reform – being passed in the most partisan fashion possible, with absolutely no Republican support and substantial Democratic opposition.  Indeed, 34 of the 253 voting House Democrats voted against the young President’s signature initiative – a not insignificant 13.4% of the House Democratic Caucus.

Considering this, one must now ponder the effect of this entire year-long process upon the Obama Brand – a brand that was built upon the idea of a post-partisan, cooperative governance that would end the untoward “ways of Washington” that so many Americans roundly reject. For instance, consider these sentiments from then-candidate Obama in his speech announcing his candidacy in January 2007:

We all made this journey for a reason. It’s humbling, but in my heart I know you didn’t come here just for me, you came here because you believe in what this country can be. In the face of war, you believe there can be peace. In the face of despair, you believe there can be hope. In the face of a politics that’s shut you out, that’s told you to settle, that’s divided us for too long, you believe we can be one people, reaching for what’s possible, building that more perfect union.

It was here we learned to disagree without being disagreeable — that it’s possible to compromise so long as you know those principles that can never be compromised; and that so long as we’re willing to listen to each other, we can assume the best in people instead of the worst.

I recognize there is a certain presumptuousness — a certain audacity — to this announcement. I know I haven’t spent a lot of time learning the ways of Washington. But I’ve been there long enough to know that the ways of Washington must change.

What’s stopped us from meeting these challenges is not the absence of sound policies and sensible plans. What’s stopped us is the failure of leadership, the smallness of our politics — the ease with which we’re distracted by the petty and trivial, our chronic avoidance of tough decisions, our preference for scoring cheap political points instead of rolling up our sleeves and building a working consensus to tackle big problems.

And as people have looked away in disillusionment and frustration, we know what’s filled the void. The cynics, and the lobbyists, and the special interests who’ve turned our government into a game only they can afford to play. They write the checks and you get stuck with the bills, they get the access while you get to write a letter, they think they own this government, but we’re here today to take it back. The time for that politics is over. It’s time to turn the page.

It is quite jarring to read the words of candidate Obama listed above considering that President Obama just forced his massive health care plan, which fundamentally remakes nearly 20% of the American economy, through Congress without a single Republican vote – hardly an example of “building a working consensus” as he promised America on that chilly day in January 2007.    As jarring is the derisive 2007 talk about “special interests who’ve turned our government into a game only they can afford to play” as the President cut backroom deals with essentially every special interest group in the health care industry during the Obamacare process.  As the Obama Administration has spent an overwhelming majority of its political capital to date on health care reform, the fact that the only bipartisan aspect of the Obamacare package in the final analysis is the bipartisan opposition to its passage is certainly not what the country expected when Obama was ushered into office with 53% of the vote in November 2008.

A Laughing House Speaker Nancy Pelosi is Seen Here after the House's 219-212 Passage of Obamacare Via Solely Democratic Votes With 34 Democrats and All Republicans joining in Bipartisan Opposition

Most Americans, including many centrists and independents, believed that Obama would work with Republicans on major issues like health care reform to produce centrist, bipartisan solutions.  This early public confidence in Obama’s potential to be a post-partisan, centrist leader is  shown by the incredible levels of approval Obama received early in his Presidency – upwards of 65-70% support.  Obama’s approval had fallen steadily since March 2009 into a range between 45-50% before the passage of Obamacare today, no doubt in part due to the ugly, partisan acrimony surrounding the health care reform effort.  Now that his signature initiative has passed, incredibly, without a single Republican vote in either the House or the Senate and 13.4% of House Democrats voting against it, America now knows that Obama has chosen a partisan path on the historic legislation that defines his Presidency.  Historically speaking, this exclusively partisan passage of a major domestic reform is unprecedented in American history, as both parties voted in favor of Social Security and Medicare, as well as the Civil Rights Act – yet only Democrats voted for Obamacare.

Obama, of course, has chosen to push a different narrative immediately after the House passage of the Senate bill – one that focuses on the allegedly centrist nature of his bill that just passed without a single Republican vote and garnered 34 Democratic no votes.   Obama gave a speech right after the House vote claiming that Obamacare proves “change in this country comes not from the top down, but from the bottom up” and that “tonight’s vote is not a victory for any one party — it’s a victory for them. It’s a victory for the American people.  And it’s a victory for common sense.”    Obama here is clearly trying to take the focus off the fact that only Democrats voted for his bill, and he reinforces his point by stating that now America will have “a health care system that incorporates ideas from both parties.”  Oddly, Obama appears to see himself as apart from the American people, saying it is “a victory for them” as opposed to a victory for us.  Obama also tweeted out this:

Tonight’s vote is not a victory for any one party – it is a victory for the American people. Tonight, we answered the call of history.

Obama also sent out an email to the many millions on his “Organizing for America” list, which said in part:

Our journey began three years ago, driven by a shared belief that fundamental change is indeed still possible. We have worked hard together every day since to deliver on that belief.

We have shared moments of tremendous hope, and we’ve faced setbacks and doubt. We have all been forced to ask if our politics had simply become too polarized and too short-sighted to meet the pressing challenges of our time. This struggle became a test of whether the American people could still rally together when the cause was right — and actually create the change we believe in.

Tonight, thanks to your mighty efforts, the answer is indisputable: Yes we can.

In last night’s speech, tweets, and email, Obama is trying to take the focus off the fact that only Democrats voted for the signature initiative of this Presidency and avoid the subject of bipartisanship if possible, despite the fact that the Obama Brand is based in part on the image of Obama as a pragmatic bipartisan reformer. Both his speech and tweet make the claim that last night’s historic passage of Obamacare is “not a victory for any one party”, while the email to his campaign list removes this reference for obvious reasons. All three communications claim that the passage of the bill is a victory for the “American people” despite the fact that a majority of the American people oppose the bill in general and 6473% of Americans would have preferred the President and Democrats either start over or start from scratch than do as they have now done in passing the present enormous, partisan bill. All told, it is clear that Obama will try to avoid any discussion of the lack of any semblance of bipartisanship in his signature initiative while also asserting that Obamacare “runs straight down the center of American political thought“, and it remains to be seen if that dog will hunt.

The odious special interest deals and pork in the Senate bill that was passed on Christmas Eve by the Senate, and last night by the House, will now all become the law of the land upon Obama’s planned signature early this week. While Obama and the Democrats will attempt to ram through a new bill to make changes to Obamacare though the Senate, the hard reality of the situation is that President Obama will sanction and endorse each and every backroom deal and pork handout in the Senate bill when he affixes his signature to it. The Senate may never pass the “fixes” Obama wants to the bill, “fixes” that were made necessary by the untoward deal cutting to obtain the Christmas Eve Senate passage of Obamacare from the sixty Democratic Senators who voted for it, such as the Cornhusker Kickback, Louisiana Purchase and ridiculous provisions that allow Florida residents to retain Medicare Advantage benefits while all other states’ residents lose same.

The Backroom, Pork-Laden Deals Between President Barack Obama and Nearly Every Special Interest Group in the Health Care Industry Have Dented the Obama Brand

Additionally, the President referred to his fighting the “special interests” in his comments last night, as well as in his 2007 campaign kickoff speech and at many points in between, and the image of Obama as a tireless fighter of “special interests” in Washington is a critical component of the Obama Brand.   Here as well, the Obama Brand has taken a hit during the Obamacare process as Obama himself has made backroom deals with the large drug companies (“Big Pharma”), American Medical Association, the hospitals, the AARP, the unions, and even some insurance companies as the past year of as the process has unfolded.

Regardless, in the days to come, expect Obama and the Democrats to attack the Republicans for “delaying” the “fixes” to the bill the Democrats themselves assembled and passed through the Senate on Christmas Eve. For instance, Obama also had this to say last night:

“On Tuesday, the Senate will take up revisions to this legislation that the House has embraced and these are revisions that have strengthened this law and removed provisions that have no place it in. Some have predicted another siege of parliamentary maneuvering in order to delay adoption of these improvements. I hope that’s not the case. It’s time to bring this debate to a close and bring in the hard work of implementing this reform properly on behalf of the American people.”

President Barack Obama, here with VP Joe Biden, on December 24, 2009 Praising the Senate Obamacare Bill's Passage

Here Obama is already staking out the high ground in the next phase of the Obamacare legislative battle, asserting that the changes that are to pass via reconciliation will remove “provisions that have no place” in the legislation. However, Obama himself is set to sign that very legislation early this week, and Obama had nothing at all to say about “provisions that have no place” in the bill in his December 24, 2009 statement after the Senate passage of Obamacare, calling it a “tremendous step forward” as he “hailed Senate passage“.

It appears that Obama and the Democrats will attempt to demagogue the GOP for stalling the Democratic attempt to push through changes to Obamacare via reconciliation in Senate by claiming the GOP is stopping the Democrats from fixing the very fraudulent deals the Democrats themselves made in order to obtain the initial Senate passage of the bill. As with Obama’s attempt to frame Obamacare as a bipartisan piece of legislation despite the fact that only Democrats voted for it and 13.4% of the House Democratic Caucus joined a unified GOP in opposing it, it remains to be seen if this dog will hunt as well.

Indeed, the entire, high profile “sausage-making” process over the past year or so surrounding the passage of the President’s signature initiative, Obamacare, demonstrates all of the untoward “ways of Washington” that candidate Barack Obama condemned in 2007-8, and President Obama has condemned in 2009 and 2010. Indeed, last night Obama condemned the very bill he will sign this week as having “provisions that have no place” in it.  Further, the background story of the strong arming done by Obama and Speaker Nancy Pelosi over the past few weeks of reluctant House Democrats is sure to be more fully reported in the days to come, and such details are also destructive of the Obama Brand.

All told, the Obama Brand of pragmatic bipartisanship has been seriously dented by the facts surrounding the passage of his Presidency’s signature initiative, and the next few weeks could bring more highlighting of the odious parts of the bill as the battle over Senate reconciliation heats up next week. Few, if any, Americans who voted for President Obama in November 2008 could have forseen that he would end up forcing comprehensive health care reform through Congress with only Democratic votes over bipartisan opposition via an ugly backroom deal laden process, and those facts could indeed change the way many Americans view the young President. Finally, then-candidate Obama’s words in 2007 about the need to avoid “slash and burn” politics and how American cannot “pass universal health care with a 50-plus-one strategy” are especially jarring considering the process that has now ended in the wholly partisan passage of his signature initiative:

Obama was talking about the differences between himself and his then-opponent in the Democratic primary, Hillary Clinton.

“I think it is legitimate at this point for me to explain very clearly to the American people why I think I will be a better president than Hillary Clinton, and to draw contrasts,” Obama said.

“But that’s very different from this sort of slash-and-burn politics that I think we’ve become accustomed to. Look, part of the reason I’m running is not just to be president, it’s to get things done. And what I believe that means is we’ve got to break out of what I call, sort of, the 50-plus-one pattern of presidential politics. Which is, you have nasty primaries where everybody’s disheartened. Then you divide the country 45 percent on one side, 45 percent on the other, 10 percent in the middle — all of them apparently live in Florida and Ohio — and battle it out. And maybe you eke out a victory of 50-plus-one, but you can’t govern. I mean, you get Air Force One, there are a lot of nice perks to being president, but you can’t deliver on health care. We’re not going to pass universal health care with a 50-plus-one strategy. We’re not going to have a serious bold energy policy of the sort I proposed yesterday unless you build a working majority. And part of the task of building that working majority is to get people to believe in our government, that it can work, that it’s based on common sense, that it’s not just sort of scoring political points.

The interviewer then asked, “So is your answer to ‘Why I will be a better president than Hillary Clinton,’ is your answer that she’ll be a 50-plus-one president and you won’t?”

“Yes,” Obama said.

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State Attorneys General Agree To File Constitutional Challenge To Obamacare Immediately

Monday, March 22nd, 2010

President Obama, making calls here on Sunday to wavering House Democrats, is about to face a multi-state lawsuit alleging that his signature initiative, Obamacare, is unconstitutional

In late breaking news this evening after the historic passage of Obamacare through the House of Representatives by Democrats over bipartisan opposition, many state attorneys general held a conference call in which it was decided that they would file a multi-state suit alleging the newly-passed Obamacare is unconstitutional immediately after President Barack Obama signs the act, which is expected on early next week.  Texas Attorney General Greg Abbott broke the news on his Facebook page:

Just got off the AG conference call. We agreed that a multi-state lawsuit would send the strongest signal. We plan to file the moment Obama signs the bill. I anticipate him signing it tomorrow. Check back for an update at that time. I will post a link to the lawsuit when it is filed. It will lay out why the bill is unconstitutional and tramples individual and states rights.

While the entire roster of claims regarding unconstitutionality is obviously unknown at this time, it appears that a central focus of the initial immediate filing (which will undoubtedly be amended several times) will be whether the individual mandate, which requires American citizens to purchase health insurance from private insurers, is a constitutional exercise of the federal government’s proscribed powers. Virginia Attorney General Ken Cuccinelli announced late Sunday night after the conference call that Virginia planned on joining the multi-state litigation against Obamacare:

Virginia will file suit against the federal government charging that the health-care reform legislation is unconstitutional, Virginia Attorney General Ken Cuccinelli’s office confirmed last night.

Cuccinelli is expected to argue that the bill, with its mandate that requires nearly every American to be insured by 2014, violates the commerce clause of the U.S. Constitution. The attorney general’s office will file suit once President Barack Obama signs the bill into law, which could occur early this week.

“At no time in our history has the government mandated its citizens buy a good or service,” Cuccinelli said in a statement last night.

Finally, Florida’s Attorney General Bill McCollum announced Florida would join the suit:

ORLANDO, FL — Moments after Congress voted to approve President Obama’s health care legislation, Florida’s Attorney General announced he will file a lawsuit to declare the bill unconstitutional.

Bill McCollum will join Attorneys General from South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota and South Dakota to file a lawsuit against the federal government.

“The health care reform legislation passed by the U. S. House of Representatives this evening clearly violates the U.S. Constitution and infringes on each state’s sovereignty,” McCollum said in a statement distributed late Sunday night.

“If the President signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens.”

As noted above, many other states are also expected to join the multi-state litigation set to be filed this week as soon as President Obama signs the bill, originally passed on Christmas Eve 2009 by the Senate and today passed by the House. This matter will present the largest challenge in decades to the present jurisprudence on the Commerce Clause, which presently allows essentially unlimited federal government regulation of any economic activity. One key factor for the Court is state activism to oppose federal encroachment in any given area, and a total of 37 states may pass specific legislation to battle the Obamacare provision requiring all individuals to purchase health insurance:

BOISE, Idaho — Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance.

Similar legislation is pending in 37 other states.

This litigation will open a new chapter in the Obamacare battle in federal district court, where political fireworks are sure to ensue and a momentous decision is set to be made by the trial court and then, in all likelihood, the Supreme Court of the United States. President Obama may yet regret the recent public fights between him and Chief Justice John Roberts and Justice Samuel Alito (who Obama filibustered as a Senator), as the existing acrimony between the branches cannot be helpful for the President’s chances of avoiding a damaging Supreme Court ruling that his signature initiative is unconstitutional.

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Obama Proposes Passing Partisan Health Care Plan Via Reconciliation Despite Bipartisan Opposition

Monday, February 22nd, 2010

Democratic President Barack Obama, and Democratic Speaker of the House Nancy Pelosi and Senate Leader Harry Reid, signaled this morning the pathway for the final Democratic push for the passage of Obamacare: the reconciliation process

Three days before the highly publicized health care summit, billed by President Obama and Democrats as an opportunity for bipartisan negotiations regarding the provisions of a potential health care overhaul, the White House signaled its intent to move forward with a $950 billion dollar Democrats-only bill that can garner, at most, a bare 51 vote majority in the United States Senate. Indeed, eight Democratic Senators (including Lieberman) have already gone on record opposing the use of reconciliation to ram through the Obamacare package.   Despite Obama’s prior pledges of bipartisan negotiations with the GOP and this morning’s bipartisan rhetoric from the White House, the fact is that the only bipartisanship associated with health care reform is the bipartisan opposition in the House to Obamacare (39 Democratic “no” votes) and the bipartisan opposition to the use of reconciliation to pass Obamacare through the Senate.

The substantive content of this morning’s latest White House version of Obamacare is essentially the same plan negotiated between the President, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid in the days leading up to Republican Scott Brown’s January 2010 election to the Senate from liberal Massachusetts and the White House roadmap contemplates the use of the reconciliation process in the Senate so as to avoid the need for a 60 vote majority:

“This is our take on the best way to merge the House and Senate bills,” a senior White House official told ABC News. The official said the proposal was “informed by our conversations from negotiations” before Sen. Scott Brown, R-Mass., was elected, thus depriving Democrats of their 60-vote supermajority, as well as from subsequent discussions.

“We thought it would be a more productive meeting if we brought one consolidated plan to use as jumping-off point,” the official said. “We hope the Republicans do the same.”

By posting their proposals in such a form, White House officials are providing a roadmap for how they think they can best pass health care reform in the new post-Massachusetts Senate race reality: have the House pass the Senate bill, then use reconciliation rules requiring only a majority Senate vote to pass the “fix” to make the bill more palatable.

In the conference call with reporters this morning accompanying the disclosure of the latest iteration of Obamacare, White House officials explicitly stated they intend to use reconciliation to pass Obamacare without any GOP Senate votes:

In the course of unveiling Obama’s new health reform proposal on a conference call with reporters this morning, White House advisers made it clearer than ever before: If the GOP filibusters health reform, Dems will move forward on their own and pass it via reconciliation.

The assertion, which is likely to spark an angry response from GOP leaders, ups the stakes in advance of the summit by essentially daring Republicans to try to block reform.

“The President expects and believes the American people deserve an up or down vote on health reform,” White House communications director Dan Pfeiffer said on the call.

Accordingly, it appears that the Obama Administration has settled on pursing the use of the Senate reconciliation process, instead of normal order which would require a 60 vote majority, to pass the most far-reaching reform of the health care system in our nation’s history. Indeed, the “package is designed to help us [use reconciliation] if the Republican party decides to filibuster health care reform,” stated White House Communications Director Dan Pfeiffer.

The new Obamacare policy summary
and the conference call with reporters strongly indicate that little, if any, substantive discussions will occur at Thursday’s health care summit as the Democrats have now settled on the use of reconciliation as the pathway to final passage of Obamacare. The GOP’s incremental ideas such as allowing the purchase of insurance across state lines, significant tort reform and the use of risk pools for uninsurable Americans with preexisting conditions are nowhere to be found in this morning’s announcement nor in the present Democratic bills in the Senate and House and are essentially inconsistent with the comprehensive, government-centered, Democratic health care reform plans. Furthermore, in a move apparently designed to paint the GOP as pro-insurance, Obama also proposed substantial new federal price controls over the cost of health insurance as part of this morning’s summary.

The above-described White House posture this morning stands in stark contrast to their posture just two weeks ago when the idea of a health care summit was first pitched by President Obama. At that time, Obama promised to engage in substantive negotiations with the GOP on all parts of health care reform plan during the summit:

“I want to come back and have a large meeting, Republicans and Democrats, to go through systematically all the best ideas that are out there and move it forward” Mr. Obama said in the interview from the White House Library.

The 2/8/2010 NYT piece quoted above notes that it “remained an open question whether the meeting could lead to real consensus on health care, or whether it would serve only to allow Democrats to frame a political argument against the Republicans going into the midterm campaign.” Considering this morning’s developments, and the clearly stated intent to move forward with reconciliation passage of the intra-Democrat negotiated Obamacare, there no longer remains a “open question” and instead Obama intends the coming summit to “serve only to allow Democrats to frame a political argument against the Republicans going into the midterm campaign.”

For the ideological left, this morning’s White House summary and the coming health care summit represent “the last, best shot” to pass a comprehensive, government-centered health care reform plan. To a majority of Americans, including almost all conservatives, a strong majority of independents and even some liberals, the Obama Administration’s continued relentless focus on forcing a strongly partisan Obamacare package through Congress is an unfavorable development, as shown by public polling of Obama’s job approval and the approval of the Democratic health care reform packages in Congress.

At least eight Democratic Senators have already announced their opposition to the use of reconciliation to pass Obamacare, and those Democratic Senators will almost certainly be joined by the 41 GOP Senators in opposition to the President’s reconciliation plan as announced this morning. It appears from early GOP responses that the GOP intends to attempt to garner 10 Democratic Senator votes to block the use of reconciliation (with 10 Democratic votes, the GOP would have the 51 votes needed to block reconciliation).

Indeed, the irony of the health care reform debate and Obama’s continuous public pledges to engage in bipartisan negotiations with the GOP is the fact that the only bipartisanship associated with health care reform is the bipartisan opposition in the House and Senate to Obamacare, and the next few weeks will probably determine if the GOP is able to garner enough bipartisan support to block the passage of Obamacare through the 51-vote (50 votes plus VP Biden tiebreaker) reconciliation process.  Finally, should Obama succeed in finding 217 House votes and 50 Senate votes for Obamacare, the response of the electorate towards those Democrats in November 2010 may be an historic wave of GOP victories rivaling or even surpassing the 1994 GOP wave.

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