The Obama Administration

The Contraception-Mandate Cases Aren’t Really About Contraception

Ap Images/Tony Gutierrez
Earlier today, the Supreme Court announced that it would hear not one, but two challenges to the Obama administration’s contraception mandate; they’ll be heard together in an action-packed hour of oral arguments sometime in the spring. Both cases deal with conservatives’ ever-growing penchant for anthropomorphizing corporations—this time, the justices will decide whether companies can be exempted from the mandate to provide birth control at no cost to employees because of the owners’ religious beliefs. Oddly enough, neither of the business owners involved are Catholic, even though the first objections to the contraception mandate were raised by Catholic leaders, who didn’t want religiously affiliated hospitals and schools to provide birth control, which the Catholic hierarchy considers taboo. One case— Sebelius v. Hobby Lobby Stores , documented extensively for the Prospect by Sarah Posner earlier this summer —deals with an arts-and-crafts chain owned by evangelical Christians. The...

Drone War Testimonials

A reporter sits down with one Pakistani family who traveled more than 7,000 miles to tell their story to Congress—only five representatives showed up to listen. 

Humna Bhojani
Humna Bhojani The Rehmans: Nabila, Rafiq, and Zubair. T wo beams of light came down from the drone lingering over the field where they had been gathering okra and hit Nabila’s grandmother, Mamana Bibi. The earth shuddered. Nabila fell; terrified, she stumbled into a run. Blood was gushing from her arm. She wrapped her red chaddar (head covering) around the shrapnel wound; moments later it was soaked through. Through the smoke, Nabila caught a glimpse of Mamana’s brown sandal. She passed out. The day Mamana was killed, October 24 th 2012, was a beautiful one in the North Waziristan village of Tapi in Pakistan. A few clouds sprinkled over the bright blue sky—perfect weather for the Muslim holiday of Eid al-Adha, which was the next day. For Muslims, Eid al-Adha is the holiest day of the year, celebrating the sacrifice Abraham made. “They have told me that Eid is like Christmas,” Zubair, Nabila’s, 13-year-old brother said during his testimony at a Congressional briefing on October 29,...

Bibi's Agreement Anxiety Disorder

T o explain Benjamin Netanyahu's frenzied reaction to the Geneva agreement on Iran's nuclear program, let me begin with the stack of brown cardboard boxes under my wife's desk. Each of the five cartons contains a gas mask and related paraphernalia for a member of my family to use in the event of a chemical-weapons attack. They were delivered last January, as part of the gradual government effort to prepare every household in Israel for a rain of Syrian missiles. I suppose that having "defense kits" in the house could be macabre, but what we usually notice is that they're a nuisance: another thing on which to bang your toe in an overstuffed city flat. What's more, they're apparently an obsolete nuisance. A couple of weeks ago, the usual nameless military sources told the local media that the Defense Ministry would recommend ending production of gas masks for civilians. According to the leaks, intelligence assessments said that the Organization for the Prohibition of Chemical Weapons...

Insurance Companies Got You Down? Stupid Obamacare!

White House photo by Pete Souza
It has been said many times over the last few years that now that Democrats successfully passed a comprehensive overhaul of American health insurance, they own the health-care system, for good or ill. Every problem anyone has with health care will be blamed on Barack Obama, whether his reform had anything to do with it or not. Your kid got strep throat? It's Obama's fault! Doctor left a sponge in your chest cavity? Stupid Obama! Grandma died after a long illness at the age of 97? Damn you, Obama! OK, so maybe it won't be quite as bad as that, but pretty close. Here's an instructive case in exactly how this plays out. Take a look at this article that ran in yesterday's Washington Post , telling how in order to keep premiums down and attract customers, some insurers are limiting their networks. "As Americans have begun shopping for health plans on the insurance exchanges," the article tells us, "they are discovering that insurers are restricting their choice of doctors and hospitals in...

Harry Reid's Triumph

At least when it comes to executive branch and (most) judicial branch appointments, to paraphrase Leonard Cohen, democracy is coming to the United States Senate. Senate Democrats responded to the Republican minority's blockade against any Obama appointments to the D.C. Circuit by eliminating the filibuster for most presidential nominations. This vote will likely be the most important congressional vote of President Obama's second term, and Senate Majority Harry Reid and most of the rest of the Democratic caucus deserve immense credit for pulling it off. I have explained at length why I believe that the filibuster is an indefensible practice. The short version is that the American political system already has an inordinately high number of veto points, so anyone favoring additional extraconstitutional ones should face a very high burden of proof. The filibuster, with its long and dismal history of allowing overrepresented minorities to prevent Congress from addressing the interests of...

Apology Silliness, Foreign Policy Edition

I apologize for these pastries. (White House photo by Pete Souza)
We're now negotiating the terms of our sort-of-departure from Afghanistan, and there's no doubt the Afghan government needs America more than America needs it. Imagine, if you would, that we just packed up and left. There would almost certainly be a full-on civil war, one the Afghan government would be hard-pressed to win. And back here, we'd pay about as much attention as we do now to the river of blood flowing through Iraq, which is to say, every once in a while we'd see a news story and say, "Gee, that's terrible," and then go back to wondering how long it'll be before Miley Cyrus and Lindsay Lohan go on a cross-country crime spree. So if you were the Afghan government, you probably wouldn't want to drive too hard a bargain in negotiating the terms of the future American presence there. And it's all getting hung up on whether the Americans are going to apologize for killing Afghan civilians, and whether they might offer an apology that isn't really an apology, and whether they can...

The Real Roots of the Filibuster Crisis

As fake as the moon landing, obviously. (White House photo by Sonya Hebert)
We're about to have ourselves a little filibuster crisis, and the only surprising thing is that it took so long. We've now reached a point where Republicans no longer accept that Barack Obama has the right, as president of the United States, to fill judicial vacancies. Unlike in previous battles over judicial nominations, we're not talking about the nominees' qualifications or their ideological proclivities. It's merely a question of the president's constitutional privileges. Republicans don't think he has them. This is only the latest feature of a long descent for the GOP away from considering any Democratic president—but particularly this one—as a legitimate holder of the office to which he was elected. There has never been a president, at least in our lifetimes, whose legitimacy was so frequently questioned in both word and deed by the opposition party and its adherents. Even today, many Republicans, including some members of Congress, refuse to believe that Obama was born in the...

How Both Republican and Democratic States Are Helping Obama

Last week, President Obama announced a "fix" to the problem of people in the individual health-insurance market getting cancellation notices from their insurance companies: he'd allow the insurers to offer those substandard plans for another year. Does he want the fix to work? We can't read his mind, but depending on how you define "work," it would be better for the Affordable Care Act's ultimate success if it didn't. As things have played out over the last few days, there are reasons that as a political problem this could fade. As you may know, insurance markets are governed by officials in each state. If a state's insurance commissioner doesn't want to allow the substandard plans to be sold, he or she can say no, no matter what the President might want. A few of those insurance commissioners—from Vermont, Rhode Island, and Washington state—have already said they won't allow it. So what you have here are heavily Democratic states not supporting Obama. But here's the key to the story...

How Republicans Lost the Chance to Win Obamacare

AP Photo/Dylan Lovan
AP Photo/The U.S. Centers for Medicare & Medicaid Services T he argument for the national government administering things over the states has always been summed up, I thought, by an old James Carville joke: I’ll race you from Disneyland to DisneyWorld. I get to take the federal roads. That joke, however, has been turned upside down by implementation of the Affordable Care Act (ACA). The whole sequence has been weird. After all, the law—as a concession to moderate Democrats who feared Republican attacks about a federal-government takeover—wound up asking the states, and not the federal government, to run the exchanges. But Republican-led states refused to do so. When the federal-run Healthcare.gov crashed, the odd result is that the current winners of the federalism battle—which is often waged, at least rhetorically, by Republicans dead set on keeping the feds out of their local government—are Democratic states such as California and New York where things are running reasonably...

Obamacare Panic to Enter Even Stupider New Phase

Jason Eppink
I want to follow up on what I wrote Friday about those who are deciding that because of a) web site problems and b) the largely manufactured controversy over people who have one private insurance plan but now face the unfathomable horror of moving to a different private insurance plan, the Affordable Care Act is an unrecoverable disaster that has destroyed Barack Obama's second term. I'm sensing that this is about to move into a new phase of inane speculation that we should think about before it starts. I'll just use one article as an example. This morning, under the headline "Why Obamacare Is On Life Support," Josh Kraushaar of the National Journal all but declares that the law is about to be repealed. "Unless the HealthCare.gov website miraculously gets fixed by next month," he writes, "there's a growing likelihood that over time, enough Democrats may join Republicans to decide to start over and scrap the whole complex health care enterprise." That's so blindingly stupid I'm almost...

Memo to Democratic Chicken Littles: The Sky Is Not Falling

White House photo by Pete Souza.
Ah, now this is what politics is supposed to be like: Ruthless Republicans, gleeful at the prospect that they might increase the net total of human suffering. Timorous Democrats, panicking at the first hint of political difficulty and rushing to assemble a circular firing squad. And the news media bringing out the "Dems In Disarray!" headlines they keep in storage for just this purpose. The problems of the last couple weeks "could threaten Democratic priorities for years," says Ron Brownstein. It's just like Hurricane Katrina, says The New York Times (minus the 1,500 dead people, I guess they mean, though they don't say so). "On the broader question of whether Obama can rebuild an effective presidency after this debacle," says Dana Milbank, "it's starting to look as if it may be game over." Ruth Marcus also declares this presidency all but dead: "Can he recover? I'm sorry to say: I'm not at all confident." Oh please. Everyone just chill out. It's incredible how often reporters and...

"Double Down" Was Written for Morning Joe—Not Posterity

AP Images/J. Scott Applewhite
T he week Game Change was published in early 2010 coincided with my own version of journalistic martyrdom —watching my brain cells peel off like dandruff from enduring 60 hours of cable TV news in a week. From Morning Joe to Hardball to commercials for LifeLock, the authors of Game Change, Mark Halperin and John Heilemann, were inescapable. Every time I switched channels, Halperin and Heilemann materialized peddling another nugget about Sarah Palin or Hillary Clinton from their book on the 2008 campaign. The Game Change publicity machine so dominated cable TV news during that first week of selling in 2010 that I could have read the book in the time I spent hearing about it. It was not until I read all 473 pages of Double Down , the 2012 sequel to Game Change , that I realized I inadvertently had it right in the first place. The campaign books of Halperin and Heilemann are not designed to be read. They are instead written as fodder for cable TV news. Since both authors, whom I’ve...

Judging Obama's ACA Fix

President Obama at a press conference today.
So today, trying to stem the tide of hand-waving and panic that reminded us all of how Democrats have traditionally acted, Barack Obama announced that people who have health-insurance plans they bought in the individual market but don't meet the standards of the Affordable Care Act may get to keep those plans. So how should we feel about this? On the most basic level, it's not a good thing. Any time someone stays on a junk insurance plan instead of entering the larger risk pool of the exchanges, that pool is weakened. Having said that, the specifics of what Obama proposed do seem designed to minimize the damage. The first thing to understand about Obama's proposal is that it allows insurance companies to continue offering substandard plans for another year. There's a crucial distinction here between allowing them to offer these plans and requiring them to. The bill sponsored by Democratic senator Mary Landrieu would require it, which would push people toward keeping their crappy...

Obamacare's Critical Moment

And to think, we actually thought the hard part was over.
At times like this, with the Obama administration weathering yet another controversy regarding the stumbling beginnings of the Affordable Care Act, it's useful to remind ourselves that this too shall pass. I've been plenty critical of how Healthcare.gov has been handled (see here , or here , or here ), but eventually it will get fixed, at least to the point at which it works well enough. Likewise, the fears now being experienced by people with individual insurance policies will, by and large, turn out to be unfounded. There will be some who have to pay more than they've been paying, but in almost all cases they'll be getting more too. But there's no doubt that this is an escalating problem for the administration. The person who got sold a cheap insurance policy on the individual market because the insurer was confident that either a) they probably wouldn't get sick any time soon, or b) the policy was so stingy (whether the customer knew it or not) that the insurer wouldn't have to pay...

The Indefensible Filibuster of Nina Pillard

AP Photo/Manuel Balce Ceneta
Flickr/Cliff S enate Republicans have continued their blockade of nominations to the powerful D.C. Circuit Court of Appeals. On Tuesday, the GOP minority blocked a vote on the nomination of Cornelia ("Nina") Pillard to the D.C. Circuit. Fifty-six senators voted in favor of moving forward with the nomination. Pillard is typical of the circuit court judges the Republican minority has had a particular distaste for. First, she's not a white male. And second, she has utterly mainstream legal views that hardly meet the "extraordinary circumstances" the Senate allegedly requires to filibuster a judicial nominee. On the first point, Jennifer Bendery of Huffington Post observes that the three women the GOP minority has now prevented from getting up-or-down votes are part of a trend: Ten of the sidelined judicial nominees are women, two are openly gay and nine are minorities (seven are African American, one is Asian American and one is Native American). The lone executive nominee being blocked...

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