Ali Akbar: “…And if this law passes we’ll repeal it.”
DaTechGuy: “No we won’t!”
Boston: January 17th 2010
OK people on the left, you wanted Obamacare to be upheld it has been. Your huge tax increase on the American people (that you pretended was not) is legal.
To my friends on the right, I don’t care what the dissents were, they don’t matter. Nor am I going to pretend that we are going to be able to repeal it, we need 60 votes in the senate to do so and that just isn’t going to happen for a while, so let me tell you what IS going to happen.
1. Mitt Romney just won in 2012.
The Obama brand was in trouble already but there was some hesitation of those in the base to embrace him. There is absolutely nothing that will energize that base more than this issue. This is not going to be close.
2. Every election is now about Obamacare
The president has been giving individual organization wavers. Mitt Romney has already said he will give the entire country a waiver to Obamacare. This means that in 2016 the democrat candidate will have to revoke that waiver in order to implement it.
So every four years the question will be before the American People: “Do you want Obamacare implemented or not?”, until it is implemented or repealed.
Democrats this is the political ground you wanted, I hope you enjoy it.
Update: added sentence concerning: “Do you want Obamacare implemented or not?”
Update 2: If Obamacare is a tax then every democrat who runs promising to remove a Obamacare waiver is promising to increase taxes. It’s all up to us as Glenn Reynolds put it:
The Supreme Court has refused to save us from ourselves. The remedy now will have to be political.
Update 3: Remember when we were told that this wasn’t a tax?
Representative Louie Gohmert has a succinct summary of the Court’s decision today. The Supreme Court told us today “of course they are liars. You should have known they were liars.
Update 4: if you won’t believe me will you believe Ann Althouse?
I have said repeatedly that Obama would be worse off if Obamacare were upheld, but what I’m really seeing is how bad it is for him with the mandate declared a tax.
Remember the Democrats got the statute passed by insisting it was not a tax. Now, we learn it is only constitutional because it is a tax. That’s got to hurt politically.
Update 5: If this is true then it is a national disgrace
Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. Did Roberts originally vote to invalidate the mandate on commerce clause grounds, and to invalidate the Medicaid expansion, and then decide later to accept the tax argument and essentially rewrite the Medicaid expansion (which, as I noted, citing Jonathan Cohn, was the sleeper issue in this case) to preserve it? If so, was he responding to the heat from President Obama and others, preemptively threatening to delegitimize the Court if it invalidated the ACA?
With John Roberts’ opinion, the repeal fight takes place on GOP turf, not Democrat turf. The all or nothing repeal has always been better ground for the GOP and now John Roberts has forced everyone onto that ground. Oh, and as I mentioned earlier, because John Roberts concluded it was a tax, the Democrats cannot filibuster its repeal because of the same reconciliation procedure the Democrats used to pass it.
If that is correct it changes the equation
Update 7: The suckers are falling for it:
Immediately after the Supreme Court decision, the Democratic Senatorial Campaign Committee (DSCC) sent out a petition that said, “Stand Up for Obamacare!”
“Sign here right now and tell President Obama that you have his back and show your support for Obamacare,” the petition urged.
Now that the DSCC has officially taken ownership of the “Obamacare” label, it will be interesting to see how that impacts Democrats, such as Missouri’s Claire McCaskill and Montana’s Jon Tester, who are in extremely tough Senate reelection battles in their respective states.
Please PLEASE democrats embrace Obamacare before this election.
Update 8: NRO gets it
First, those who dislike the mandate — which includes a majority of U.S. voters — will now have no recourse but to vote for Mitt Romney to repeal it. Second, the only way the administration prevailed was to have Obama’s main legislative accomplishment redefined as one of the largest middle-class tax increases in the history of the country.
Does that really sound like a good political outcome to you?
Sounds like a good political outcome to me.
Update 9: Hey remember the Catholic Church’s protests on religious liberty, lets not forget that thanks to today’s ruling they will continue through election day.
Update 10: The Anchoress:
Well, as Glenn points out a tax repeal can’t be filibustered. Interesting times ahead. Is it possible that Roberts, concerned by threats from the left that they would de-legitimize the court if it struck down Obamacare, reasoned as he did to both give the GOP a workable means of repealing the thing through legislation while also utterly defanging those threats? After all, if you look at the people screaming about the court yesterday, they’re all purring like kittens on twitter, and calling SCOTUS “humble” and “judicious.” There’s no more talk of “partisan, activist judges” today.
Are the Dems and the press going to wake up in the middle of the night, think about that and cringe?
That’s up to the voters.
Update 11: Roxeanne De Luca: John Roberts, I love you, you blue-eyed, diabolical hottie
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