ObamaCare: Liberty Lost the Battle, But the War’s More Winnable Than Ever

Conservatives were right about John Roberts.
Not this year, obviously: nobody expected the Chief Justice to fall for the White House’s most laughable justification of ObamaCare’s individual mandate. But we were right in 2005, when George W. Bush nominated the blank-slate jurist to the Supreme Court. Ann Coulter warned us that “stealth nominees have never turned out to be a pleasant surprise for conservatives.” I’ve previously voiced my fear that Roberts worships at the altar of stare decisis.
Despite Roberts’ reasoning, the mandate is manifestly nota tax. As the bill’s text and legislative history clearly show, it’s a penalty expressly justified as a regulation of interstate commerce. Barack Obama himself emphatically denied that it was a tax. Hell, the Court itself acknowledged it’s not a tax—for the purpose of ruling on a different part of ObamaCare. As Anthony Kennedy’s dissenting opinion says, “to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it.” (To say nothing of the real elephant in the room: even if it was a tax, it still wouldn’t fall under enumerated powers.)
Jay Cost looks on the bright side: the Court rejected the mandate’s Commerce and Necessary & Proper Clause rationales, which sets valuable precedent. They also affirmed that states can’t be denied Medicaid funds for noncompliance.
That’s all well and good…but is one constitutional provision really protected when government can get away with the same thing by simply calling it something else? Brent Bozell is right: “there will be no rehabilitating” of John Roberts’ new image “as a traitor to his philosophy.” Thanks, Dubya!
Make no mistake: today was a defeat for constitutional fidelity, individual liberty, limited government, and true healthcare reform. But the American people may yet have the last laugh.
The general public deeply, deeply opposes ObamaCare, and doctors keep reaffirming that it’ll make American healthcare worse. The Court just guaranteed that a clear loser for Obama will remain a prominent issue throughout the rest of the campaign. We’re already seeing signs that conservatives are giving Mitt Romney a much-needed enthusiasm boost.
Beyond that, the ruling added two brand-new wrinkles to the narrative, neither of which works to Team Obama’s benefit. First, the mandate can now be characterized as a tax increase, an argument Sen. Marco Rubio is already expertly deploying. Second, Obama now has a new circle to square: were you lying about the mandate not being a tax then, or are you lying now?
Hopefully Romney will incorporate these details into his rhetoric sooner rather than later (his pre-scripted reaction to the ruling desperately needs a tune-up). Either way, the bottom line is that it’s more important than ever for conservatives to dedicating ourselves to keeping the House, retaking the Senate, and—and here’s the part some conservatives still want to suicidally ignore—retaking the White House. Only by electing Mitt Romneycan we hope to repeal ObamaCare and appoint justices with greater respect for the Constitution.
Let’s get to work.
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New on NewsReal – What Donald Trump’s Popularity Means for the Rest of the 2012 Field

My latest NewsRealBlog post:

Before I sat down to write this article, I pinched myself just to make sure I was awake and today’s subject wasn’t some weird dream. But alas, talking heads on both sides of the political spectrum really are seriously entertaining the possibility of President Donald Trump.

At the Daily Beast, Jim DeFede reports on why several Florida Tea Partiers have said they’re backing the Donald:

“We need a real businessman,” said Linda Kogelman, 63, a retired postal worker. “The lawyers don’t know how to run the country. They bow down to too many people.” Kogelman said no one else in the Republican field excites her.

“There is no one there,” she continued. “Romney is old hat. Newt is old hat. It’s just the same old same old. We need new blood.”

Her husband, Ken, 64, who closed his crane business in 2009 because of the downturn in the economy, nodded in agreement.

“They’ve destroyed this country,” he spit. Who?

“The Democrats.”

Standing nearby, 78-year-old Richard Walters was holding on to a letter he had written. He was hoping to be able to hand it to Trump.

“I used to be the Rolls Royce dealer in Fort Lauderdale and Palm Beach,” said Walters, who is now retired. “And he was one of my customers.”

Fond memories of The Donald?

“I didn’t like him,” Walters said. “He was an arrogant bastard. But I love him now. He is the only person in this country who can right the ship.”

Lest you think DeFede has cherry-picked some outliers to exaggerate Trump’s popularity, note that The Donald has some formidable poll numbers in the Republican primary field (he fares worse, however, in general election match-ups). Among the conservative punditocracy, the reaction is more mixed—Sean Hannity has been giving Trump substantial interview time, while Mark Levin has been intensely critical, and with good reason—Trump has flip-flopped on abortion, healthcare, and his party affiliation, used to be far more favorable to Barack Obama (calling George W. Bush “evil” in the process), and has donated substantially to Democrats.

Read the rest on NewsRealBlog.

New on NewsReal – Ex-Carter Official Blames Neocons for "Trapping" Obama Into Acting in Libya

My latest NewsRealBlog post:

The Left has a problem. Attacking countries that haven’t attacked us first is a major no-no, but the president who’s initiated the latest campaign in Libya, Barack Obama, is their standard-bearer, not a warmongering right-winger. What to do?

On the Daily Beast, Leslie Gelb, Assistant Secretary of State under Jimmy Carter, has an analysis of the situation which liberals eager to give Obama cover might find useful: the neocons made him do it!

Neocons and liberal interventionists stampeded Obama into imposing a no-fly zone against Libya—despite the absence of vital U.S. interests there […]

The manufactured crisis in Libya is a prime case in point. No foreign states have vital interests at stake in Libya. Events in this rather odd and isolated land have little bearing on the rest of the tumultuous Mideast region. Also not to be dismissed, there are far, far worse humanitarian horrors elsewhere. Yet, U.S. neoconservatives and liberal humanitarian interventionists have trapped another U.S. president into acting as if the opposite were true.

Obama’s been “trapped” into ordering airstrikes? How?

Once this terrible duo starts tossing out words like “slaughter” and “genocide,” the media goes crazy. Then, the chorus begins to sing of heartless inaction by the U.S. president, blaming him for the deaths. White House common sense crumbles into insanity. The reason why neither President Obama nor his coalition partners in Britain and France can state a coherent goal for Libya is that none of them have any central interest in the outcome there. It is only when a nation has a clear vital interest that it can state a clear objective for war. They’ve all simply been carried away by their own rhetoric.

The drama usually starts when leaders and thinkers are seduced by the feeling they must do good. Sometimes, they essentially ignore the killings, even as deaths climb into the hundreds of thousands, as in Rwanda and millions as in Congo. Other times, the deaths number in the hundreds or so, as in Libya—and the guy doing the killing is someone they have good reason to dislike, and so they want to do good and stop him. It was just so with the irresistible trio of Senators—John McCain, John Kerry, and Lindsey Graham—and with their counterparts in foreign-policy land.

And just like that, interventionists insist there’s “no time to deliberate,” and the president helplessly complies with their calls to arms.

There are a couple problems with this theory, though. First, polls show that, on the whole, Americans approve of the action now that we’re in it, but their support is far from overwhelming. On Capitol Hill and among the Tea Party, the battle lines are similarly muddied, with politicians of Obama’s own party blasting him for intervening while his sworn enemies in the Tea Party are more open to the idea. So if Obama really thought getting involved was a bad move for the United States, there’s certainly enough political cover for him to withstand interventionist condemnation for staying out.

Read the rest on NewsRealBlog.

Libya: Do Conservatives Have a Double Standard for Military Intervention?

I’m of two minds on the subject of the United States’ current air strikes in Libya. On the one hand, I do not believe that humanitarian impulses are a sufficient justification for US military action, but on the other hand I am open to the argument that Muammar Qadhafi’s past support for anti-American terrorism and pursuit of weapons of mass destruction constitute a sufficient interest for American intervention.
Whatever the answer is, two things are clear—the nation is ill served by President Barack Obama’s inability to clearly explain our objectives, and the Right is ill served by foreign policy analysis informed more by the party affiliation of the current commander-in-chief than by coherent principles.
Watching Sean Hannity this week, I can’t help but fear the former is at work. On March 6, Hannity said:

It seems to me that it becomes a no-brainer. In other words, look, here we have a mass slaughter of people going on, and we have military jets bombing innocent civilians. The country is going down the tubes. And Qaddafi obviously has to go. And the U.S. doesn’t have the moral authority to lead and it is hesitant and it’s slow to react? I’m having a hard time understanding why?

Compare that with his words on March 21:

The president said in Rio, you know, we are going to make the world safe from tyrants. Are we going to Sudan? Are we going after Mugabe? Are we going to go in Bahrain, Yemen? Are we going to insert ourselves in Syria, Lebanon, Saudi Arabia? Are we going to insert ourselves in Saudi Arabia? I mean, what is — how do we define success here? What is our mission here? And what is the new Obama standard here?

When — I don’t know what to make of this. Is this now the Obama doctrine? That if there is a potential humanitarian crisis about to take place and the international community is onboard, that we can’t standby with empty words, we have to take some action. Does that apply to Mugabe, Sudan, taking him out? Does that apply to, you know, Syria, Lebanon? You know, where do we take this? Is it Bahrain? Saudi Arabia? What does that mean?

So when Libyans were getting killed while Obama seemed distracted by basketball, it was a “no-brainer” that the US had to take action to stop the carnage, and Hannity had “a hard time understanding why” the White House was “hesitant” and “slow to react.” But now that Obama has taken action to stop the carnage, Hannity doesn’t “know what to make of this,” and fears that doing what he wanted done on March 6 (and what President George W. Bush set forth as one of the guiding principles of his foreign policy) might mean biting off far more than we can chew.
If that fear sounds familiar, that’s because it was one of the prominent arguments against the Iraq War, which Hannity supported. Now, I supported (and still support) the Iraq War too, because it was clearly justified on national security grounds, but recall that Hannity’s chief rebuttal to that conflict’s critics was strictly humanitarian:

If you guys had your way, the torture chambers and mass graves would continue […] Your way would appease evil.

Yes, but as 2011 Hannity inadvertently explains to 2005 Hannity, the same could be said of any number of regimes, and if the standard for force is simply the subjugation of a despot’s citizens, then the United States has a lot of catching up to do. This doesn’t make either Hannity wrong (nor does it make Obama right), but it does call into question the reliability of his analysis.
Former House Speaker and possible presidential contender Newt Gingrich’s reversal is even more blatant:
March 7: The United States doesn’t need anybody’s permission. We don’t need to have NATO, who frankly, won’t bring much to the fight. We don’t need to have the United Nations. All we have to say is that we think that slaughtering your own citizens is unacceptable and that we’re intervening. And we don’t have to send troops. All we have to do is suppress his air force, which we could do in minutes.
March 23: I would not have intervened. I think there were a lot of other ways to affect Qaddafi. I think there are a lot of other allies in the region we could have worked with. I would not have used American and European forces.
The good news is that other conservatives are taking a less knee-jerk approach, instead assessing the conflict based on values, not partisanship:

[T]he relative lack of Tea Party angst over the no-fly zone has been surprising. There is no discussion of Libya happening at Ginni Thomas’ Liberty Central, no statement from Tea Party Patriots or the Tea Party Express.

Quite a few liberal Democrats have come out and criticized the president. There were more Democrats who criticized President George W. Bush during the run-up to Iraq, but there have been enough to generate real heat for the White House. It was Kucinich, rather than a Republican, who first floated the idea that the strikes on Libya might be grounds for impeachment; Newt Gingrich, who mused that Obama could be impeached for failing to defend the Defense of Marriage Act, hasn’t gone that far. Half a dozen Republicans who identify with the Tea Party have criticized the Obama administration’s shoot-first-ask-Congress-later approach, but most Republicans haven’t […]

There could be more Tea Party criticism of the Libya strategy if the conflict drags on. On Monday, Jenny Beth Martin of Tea Party Patriots told me that the group may poll members to determine whether they should take a stance. If CNN’s poll on Libya is right, TPP might find itself taking the pro-Obama, anti-Ron Paul line on Libya. The poll, conducted from March 18 to March 20, found 70 percent of all voters favoring a no-fly zone. Among “Tea Party supporters,” it was 73 percent. Fifty-four percent of all voters favored attacks “directly targeted at Gaddafi’s troops who are fighting the opposition forces in Libya.” That number rose to 58 percent among Tea Partiers.

There are individual Tea Party leaders, like Williams or Rand Paul, who wince at a military intervention undertaken like this. The Tea Party is libertarian in plenty of ways. But if it has one defining characteristic, it’s that it’s nationalist. If there’s a way to remove Qaddafi decades after he aided the Lockerbie bombers, then that’s more important than a debate over the deep thoughts of the founders. In a Saturday interview with Fox News, Rep. Allen West, R-Fla., one of the most popular politicians to win the support of the Tea Party, explained that his problem with the intervention was about grit, not the Constitution.

“Back two or three weeks ago,” said West, “we could have taken care of this situation if we had done the exact same thing that Ronald Reagan did back in the early ’80s to Muammar Gaddafi, when he dropped the bomb in his back yard. Muammar Gaddafi didn’t say a word for the next 30 years.”

(See here and here for more on Tea Partiers’ view of Libya.) 
In all areas, conservatism demands an allegiance to principle regardless of our affection or disdain for the people and parties involved, and nowhere is that consistency more vital than in matters of war and peace. Heaven knows there’s much to criticize in the way Obama has handled this conflict even beyond his lack of clarity, but conservative critiques won’t do much good without clarity in our own motives.

Around the Web

Tim Pawlenty is set to make his presidential bid official today. Yawn.

JB Van Hollen comes out against the lawless decision of Judge Maryann Sumi to block the budget repair bill, and Charlie Sykes has the scoop on Sumi’s conflict of interest regarding unions.

On federal spending and government shutdowns, Russ Vought makes the case for drawing a line in the sand.

Mark Levin has an excellent comparison of Presidents Ronald Reagan and George W. Bush’s conservative credentials.

More union thuggery here and here.

And it turns out that Mitch Daniels is even worse than you (and I) thought.

New on NewsReal – Hannity Calls Out "Partisan Hack" Weiner for Bush-Bashing Defense of Obamanomics

My latest NewsRealBlog post:

You want a surefire way to cause a cable news stir? Just pit old foes like Sean Hannity and Rep. Anthony Weiner against each other, throw in Rep. Michele Bachmann for good measure, and voila! The battle gets picked up by everyone from Mediaite and The Blaze to News Hounds and the Huffington Post.

Last night’s topic of debate was the United States’ current financial mess:

HANNITY: All right, Congressman, here’s why we are in this position. This is just a fact. You had both Houses of Congress last year — run by the Democrats. You had White House. You guys didn’t pass a budget. It is your responsibility. You should have passed the budget. You didn’t pass a budget. Now we find ourselves at this impasse.

All the Democrats are offering — it’s $4.5 billion in cuts. We have a $1.65 trillion deficit this year, after nearly three trillion of Obama debt in his first two years. And we also have, you know, $3.7 trillion budget.

You can’t find more than $4.5 billion to cut?

WEINER: Well, frankly, let’s get the history right. The Bush administration drove the economy into a cliff and we’ve been digging out ever since.

HANNITY: Blah, blah, blah.

(CROSSTALK)

WEINER: Well, let me answer the question. It’s true we also did add a trillion dollars of additional debt and deficit by giving tax cuts to millionaires and billionaires — something many of us opposed. But the fact is, if you look at the president’s budget –

Once again, Bush Derangement Syndrome rears its ugly head. We’re in Barack Obama’s third year as president; it’s remarkable that Democrats still don’t feel embarrassed to lay the blame for all of America’s woes, including the Obama job losses, at the feet of his predecessor. If you still think Obama has little to do with all the red ink we’re drowning in, check out this post at Maggie’s Notebook, which highlights a couple unnerving analyses of Obama’s fiscal policies. They point out that Obama’s gotten credit for the repayment of TARP loans that should go to Bush, and that “the latest Obama budget is his third straight budget calling for over a $1 trillion in spending – which no other president has ever done, and in fact no president has even asked for half that. And get this: Anderson says Obama’s three year spending binge is 37% higher than G.W.’s ENTIRE 8-YEAR PRESIDENCY.” (I’ve tackled Obama’s drunken-sailor ways before here.)

Read the rest at NewsRealBlog. 

New at NewsReal – Media Matters Grasps at Straws Trying to Pit Hannity Against Bush

My latest NewsRealBlog post:

Attempting to paint one political opponent as undermining another is an especially tempting line of political attack, sometimes so tempting that a propagandist will settle for the most contorted, threadbare argument to that effect. Such is the case with Media Matters’ latest attack on Sean Hannity. Seizing upon Hannity’s latest interview with GOP Congressman Steve King about Congress’ current tax bickering, Media Matters claims to have caught Hannity admitting that the Bush tax cuts were “madness”:

Speaking with Rep. Steve King about the estate tax, Hannity made the following complaint:

HANNITY: If you died last year it was 45 percent, if you die this year it’s zero percent, if you die next year, it could be 55 percent: Only Washington could think of this madness. 

That’s so true. Only in Washington could such a crazy plan be hatched. Only in the Bush White House, to be specific. Bush, and a Republican led Congress chose to have the Bush tax cuts “sunset” on the last day of 2010, largely because Republicans neglected to propose any way to pay for the hugely expensive cuts, and letting them expire after nine years mitigated the enormous price-tag that accompanied these cuts (because price estimates are calculated over a 10-year period). 

First, our leftist friends apparently hope none of their readers will stop to think about what a sunset provision is. Sunset provisions set a date by which a measure will expire, unless it’s reauthorized. Note well the last part: politicians know when something is going to happen well in advance, and have to act to decide whether or not to do anything about it.

Read the rest at NewsRealBlog.