If you were watching cable news when the Supreme Court handed down its ruling, you were probably confused at first. Initially, both CNN and Fox News announced that the individual mandate had been struck down, only to come back a few minutes later and correct themselves, after their screaming chyrons and web site headlines had already gone up announcing the administration's defeat. Let's forget about Fox, since they're just a bunch of nincompoops anyway. The more interesting question concerns CNN. The most common explanation for this screwup is that they have come to value being first over being right, which is true enough. But I think it also suggests that they don't really understand their audience. And by trying to be just as fast as MSNBC or Fox, they lost an opportunity to differentiate them
The Supreme Court's decision on the Affordable Care Act, particularly Justice Roberts siding with the liberals, took most everyone by surprise this morning. But if you tune in to Fox News or surf around the conservative blogs, they seem to be taking it somewhat philosophically. They're not happy, but there's little rending of garments and gnashing of teeth. Mostly they're saying, well, we'll just have to win this in November (see here for a representative sample). There's also a good deal of discussion of the fact that the Court declared that the requirement to carry health insurance is permissible under the government's taxing power. After all, if there's one thing Republicans know how to do, it's complain about taxes. Mitch McConnell quickly took to the floor of the Senate to condemn the decision, and no doubt Mitt Romney will soon say something so vague that no one can determine what he actually thinks.
But here's my guess: Republicans are going to drop health care very quickly.
Campaign professionals tend to believe that the most potent attack you can make uses your opponents own words against him, preferably if they're on video and can be replayed over and over. If you don't have that, it helps to have third-party validation of your attack from the most credible, non-partisan source you can find. Which is why it's so helpful when an established news organization reports something damaging about your opponent, which you can then talk about and put in your ads. If the third-party source is credible enough, you won't have to argue about whether the allegation is true, but merely about what it means and how much it matters.
Which is why the Obama campaign was so pleased when the Washington Post reported that under Mitt Romney (and after he departed), Bain Capital invested in a number of companies that specialized in helping other companies outsource work to foreign countries. Not only was this new information that could be used to attack Romney, but it had the imprimatur of the Post. Within days, the story was showing up in the president's speeches and the campaign's ads. So the Romney campaign is doing what it can to wind back the clock on the story:
These guys aren't too worried about owning health care.
In the search for silver linings to a Supreme court decision striking down part or all of the Affordable Care Act, many people have suggested that should it happen, Americans will turn all their displeasure about the health care system on conservatives. Specifically, it is that that they will "own" the health care system. James Carville says that if the ACA is overturned on a 5-4 vote, "The Republican party will own the health care system for the foreseeable future." Former Solicitor General Walter Dellinger says, "If the court were to strike down this major reform effort, 40 years in the making, the court would own the resulting health care system for the next decade and beyond. It’s a slightly highbrow version of the universal rule: 'You broke it, you bought it.'" The Republican party is one thing, but the Supreme Court "owing" health care? What does that mean? That people will be protesting outside the Court when their premiums go up? First of all, they won't, and second of all, I don't think the Court's conservative justices could care less if they did.
When the Supreme Court handed down the Citizens United decision, many people predicted that big corporations would start buying elections, now that they were allowed to spend as much money as they wanted on campaigns. While that certainly might happen in the future, it hasn't happened so far, probably because they're worried about the PR backlash that could result from too much partisan activity. Instead, the ones donating millions have been extremely rich individuals, most of whom are Republicans. But that doesn't mean corporations don't have clever ways of playing the political game. To wit:
Your questions frighten me. Please speak to my press secretary. (Flickr/Gage Skidmore)
Mitt Romney adopted a clever strategic vagueness strategy on yesterday's immigration ruling, which so far hasn't seemed to get anyone too angry at him (although I doubt it will do anything to stanch the bleeding of Latino votes away from him. As somebody tweeted yesterday, if you asked Romney what kind of pizza he wanted, he'd reply that Barack Obama has failed to lead on pizza choices. We've often talked about how uncomfortable Romney is when he gets questioned about his policy positions, but we should take a moment to extend our sympathies to the people who actually have to do most of the talking at times like this, the beleaguered campaign flaks whose job it is to say the things Mitt Romney would say if he were talking to reporters, and not say the things he wouldn't say. One of those flaks, Rick Gorka, found himself surrounded by reporters after the ruling and had to deliver one of the most painful dances of evasion you'll ever see. It went on and on, but here's a taste. You can almost see his soul slipping out of his body and finding an overhead bin to curl up in until it's all over:
I work at home, which I much prefer to going into an office every day, for a whole host of reasons. There's the lack of a commute, which means that the hour and a half I used to spend every day in transit is now devoted to sleep, time with family, and even sometimes more work. There's money saved by not commuting. There's the ability to bathe at a time of your choosing. Most importantly, there's the feeling of autonomy you get from knowing that there isn't someone looking over your shoulder at all times, monitoring your movements.
But what are people who work at home actually doing with our time? The short answer is, goofing off. But that's only part of the story:
When Rick Santorum said during the campaign that inequality is a good thing, a lot of people were surprised. Santorum was attacking a straw man—he was arguing that everyone shouldn't have precisely the same income, while no one actually believes that they should—but it was revealing. One of the questions that we've neglected to ask in our health care debate is just how much inequality we are willing to tolerate—or in the case of conservatives, want desperately to maintain—in this particular arena.
In tomorrow's New York Times, Annie Lowrey has an interesting story about a study researchers were able to do in Oregon when the state had to hold a lottery to give people Medicaid coverage, leading to the perfect conditions for a randomized field experiment on what effect obtaining insurance could have. The results were pretty encouraging:
In a continuing study, an all-star group of researchers following Ms. Parris and tens of thousands of other Oregonians has found that gaining insurance makes people healthier, happier and more financially stable...
For today's edition of Idealistic Reggae Tunes About Personal Empowerment and the Power of Individual Action to Produce Meaningful Change, we have Ben Harper, doing "With My Own Two Hands." Which I thought would be a nice thing to play, since next week the Supreme Court may well undo the most meaningful piece of social legislation passed in the last half century. Enjoy!
One mark of a skilled pundit is the ability to take the day's news and mold it to shape his or her own pre-existing interests, beliefs, prejudices, and hobbyhorses. In that spirit, let me offer my thoughts on an interesting article today in the Washington Post, revealing that while Mitt Romney was the head of Bain Capital, the firm invested in companies that specialized in outsourcing jobs overseas. What does this tell us about a potential Romney presidency? Let's look at the facts first, keeping in mind that Romney was at Bain until 1999:
Mitt Romney went before a group of Latino public officials today to offer some remarks on immigration. Calling it a "plan" would be too generous, although there were a couple of details, some of them perfectly reasonable, like giving green cards to people who get an advanced degree at an American university. But the part everyone has been waiting for—his reaction to President Obama's recently-announced mini-DREAM Act—was pretty disappointing, because it engaged in a kind of magical thinking that has become increasingly untenable...
Looking forward to the FreedomLibertyCare plan. (Flickr/Speaker John Boehner)
There seems to be a consensus building that the most likely outcome from the Supreme Court on the Affordable Care Act is that it will strike down the individual mandate but leave most of the law in place. Just how disruptive this will be to the near future of health care in America is open to debate (see Sarah Kliff for the optimistic take), but there's another question I'm wondering about: How are conservatives going to react?
An anti-Obamacare ad, in which a D-Day veteran explains how universal health insurance is as great a threat to our freedom as Nazism was.
When the Supreme Court issues its ruling on the constitutionality of the Affordable Care Act, we'll begin a new chapter in this saga, one that will probably (well, maybe) involve sorting through how the law's implementation will work once the individual mandate is struck down. But we've reached the point where there's no denying that the fight over public opinion has been lost, and that ground may never be regained no matter how hard the Obama administration or progressives might try.