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bigtree

(85,998 posts)
Mon Jun 25, 2012, 09:48 AM Jun 2012

'SC a cog in a right-wing project to make progressive political & legislative victories impossible'

E.J. Dionne:

Any day now, the U.S. Supreme Court may make possible something that has yet to happen: an honest and complete discussion of the Patient Protection and Affordable Care Act (ACA).

And if it throws out all or part of the law now popularly known as “Obamacare,” we will need a fearless conversation about how a conservative majority of the court has become a cog in a larger right-wing project to make progressive political and legislative victories impossible.

If the court does strike down the law, those concerned that criticisms of its ruling might undermine the “legitimacy” of the judiciary should put their worries aside. Conservative justices long ago shattered the court’s standing as a nonpartisan, non-ideological actor in our governing system. That’s why recent surveys have found its approval rating on the decline.

As retired Supreme Court Justice John Paul Stevens noted 12 years ago in a powerful dissent, the court’s Bush v. Gore decision threatened “the nation’s confidence in the judge as an impartial guardian of the rule of law.” It’s gotten worse since. The 2010 Citizens United decision stands as another ruling that plainly strengthens conservative monied interests in the electoral arena. Please don’t tell me that these justices are entirely without a political agenda.

But friends of the health-care law need to acknowledge upfront that no matter how effectively they criticize the court, a ruling against it would be a real defeat — for the president, for the cause of expanding insurance coverage, and for progressives generally. Neither Obama nor his congressional allies would have wasted the time and political capital entailed in passing health-care reform if they had known that their efforts would be struck down by the judiciary even before the law came fully into force.



read more: http://www.washingtonpost.com/opinions/ej-dionne-will-we-love-the-health-care-law-if-it-dies/2012/06/24/gJQAPpQC0V_story.html?hpid=z3
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'SC a cog in a right-wing project to make progressive political & legislative victories impossible' (Original Post) bigtree Jun 2012 OP
The funny thing is, if this is a corporately controlled court, MadHound Jun 2012 #1
isn't that the overriding flaw in the argument that Obamacare is corporate-conceived law? bigtree Jun 2012 #2
It is a win-win for conservatives MadHound Jun 2012 #3
the notion that it can be redone from the ground-up isn't born-out by anything I'm seeing bigtree Jun 2012 #5
And it provides conservatives something to use OnyxCollie Jun 2012 #4
if it's overturned, they'll have no mandate, no insurance company bonanza bigtree Jun 2012 #6
 

MadHound

(34,179 posts)
1. The funny thing is, if this is a corporately controlled court,
Mon Jun 25, 2012, 09:51 AM
Jun 2012

Then Obamacare will be upheld. After all, what is more pro-corporate than giving a mandated monopoly, with weak price controls, to an entire for profit industry?

bigtree

(85,998 posts)
2. isn't that the overriding flaw in the argument that Obamacare is corporate-conceived law?
Mon Jun 25, 2012, 09:57 AM
Jun 2012

Even without the ruling, it's a lightning rod for conservative activism against this presidency. Can you really, credibly argue that corporate-loving, bought-and-sold conservatives are getting all of this money and support from Wall Street to tear down a corporate-friendly law?

 

MadHound

(34,179 posts)
3. It is a win-win for conservatives
Mon Jun 25, 2012, 10:06 AM
Jun 2012

The law can be used to bludgeon Obama and Democrats politically, yet if it stands, can be used by corporations to make obscene profit.

It isn't the law itself that corporate conservatives are upset about, after all, if that were the case they would have taken Romneycare all the way to the Supreme Court. It is the fact that it comes from this administration that has them pissed. Obamacare is, in all reality, the product of several conservative precedents extending all the way back to Nixon. Yet here is a nominally Democratic precedent who stands to get the credit for it.

But the fact is, no matter who gets the credit, we the people lose if it passes SC muster. With weak price controls the insurance industry will hike premiums through the roof, further draining the middle class. Perhaps worse, now that we've done this health care "reform", the issue won't be touched for at least a generation, and we the people will have to suffer under it until then. If it is overturned by the courts, we will have to revisit the health care issue, and hopefully, if the Dems will truly fight, get something better.

bigtree

(85,998 posts)
5. the notion that it can be redone from the ground-up isn't born-out by anything I'm seeing
Mon Jun 25, 2012, 10:27 AM
Jun 2012

. . . politically.

Most likely, in that scenario, it will go back to being nothing more than a political football. At least we can build on this act; or whatever is left standing. Starting from ground zero just emboldens all of the elements that you're concerned about to press for even more. I remember a much more corporate-friendly republican initiative. They won't just stand aside and let progressive pols have their way if this falls. More likely, they'll make proposals along the lines of whatever the court's conservatives will allow and claim it's just.

I still don't think the argument that the health law is some corporate dream holds much water in the face of the massive expenditure (of money and political capital) from those very interests to overturn it.

 

OnyxCollie

(9,958 posts)
4. And it provides conservatives something to use
Mon Jun 25, 2012, 10:17 AM
Jun 2012

to generate contributions/votes.

It's the new abortion.

bigtree

(85,998 posts)
6. if it's overturned, they'll have no mandate, no insurance company bonanza
Mon Jun 25, 2012, 10:36 AM
Jun 2012

. . . there would be nothing at all standing in the insurance cos. way. They could just of doing whatever they wanted with the insured. It just doesn't add up that they're actually pressing the Court to kill a bill which critics claim is such a bonanza for them. Why risk upsetting it at all if it's such a slam-dunk good thing for their 'corporate' buddies? It just defies all logic to make that argument. There are so many contradictions in claiming conservatives are working so hard to overturn a law which is supposed to be such a benefit to their benefactors. I just don't buy that it's both a bludgeon they can't get enough of, and a honeypot that they're working overtime to upset.

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