Some weeks back we posted here on the rhetorical and caustically sarcastic, yet relevant, question “How many are going to have to die before the Supreme Court will act?” In addition to concerns about rationing of care, not only were all the financial machinations surrounding the passage of the Patient Protection and Affordable Care Act rather nebulous, we didn’t even know what all was in the bill, nor did those who voted for it. But we were assured by the Obama Administration and the Democrat hierarchy that it would result in deficit reductions based on its provisions.
In the interim, numerous lawsuits have been filed and some of them have been litigated on the merits, with intermediate appeals both decided and pending. Noting that one of the major premises of the legislation was that health insurance of one form or another would be mandatory for every citizen, thus reducing the overall taxpayer burden on health coverage subsidies by said taxpayers, the fact that this provision has serious Constitutional difficulties should have prompted an expedited review by the Supreme Court.
Since posting our article, we have learned that another major provision of the bill, the CLASS provision, concerning long term care insurance, has been suspended unilaterally by the Obama Administration, because it is unworkable. This feature of PPACA also was to have provided a major source of revenue to go toward reducing health care costs and subtracting from the deficit. CLASS is gone. So that’s two strikes.
The latest item in the whole Obamacare debacle is that the President, in his pandering quest for votes, has vowed to use every means at his disposal to bypass Congress on important issues and offer sops to individual constituencies, and so he has promised to reduce, limit and in some cases forgive the student loan obligations that many of the youth of today have incurred. You may recall that his takeover of the student loan industry was made possible by its being inexplicably and confoundingly included in the passage of PPACA, which was a masterstroke of politics by the cabal orchestrating the whole Obama phenomenon. The power of the purse (once thought to be a Congressional prerogative) is a wondrous thing. It creates all kinds of servitude, indentured and otherwise. Obama claims the nation’s financial apparatus as his personal sandbox – he can play in it or use it as a litterbox, at his convenience.
So here’s the rub on Obama using student loans as political chips – the provisions which allow him to do so were not supposed to take effect until 2014, but he is, by executive fiat, planning on implementing them in 2012. Conventional wisdom and promises by the administration were that the economy would have rebounded by 2013 and able to absorb the costs of PPACA. This is obviously not going to pan out. Rather than the health care law being paid for and actually producing deficit reductions, once again in this case, in this provision of PPACA, the exact opposite is going to happen, and not only the assumptions and the circumstances but the actual structures which have been submitted in support of PPACA, and codified by law, appear to be changing once again.
Strike three, we think. But of course, there is more. There is the matter of the waivers. It is said the number of waivers Obama has granted to his ‘signature legislation’ is now in the thousands of categories. All of this healthiness was supposed to be paid for, and more, by the fact that everyone would be participating, that everyone would have skin in the game. And all of this was, apparently by the terms of the legislation, to be left up to the administration to craft and create by rule and executive decision. What has happened is that in reality the Administration itself is undoing PPACA in some of its most prominent and crucial aspects. The Administration is unilaterally sabotaging and gerrymandering various aspects of Obamacare in a crass quest for support at the ballot box in 2012 by whacking at moles as they pop up in Obamacareland.
Now, as we reported previously, the whole PPACA debacle is supposed to come to argument this spring by the Supreme Court, with a ruling expected by mid-to-late summer. Should the ruling fall in favor of the Administration, and the Nancy Pelosi wing of the Democrat Party, it will redound to the benefit of the Obama 2012 campaign because he may continue to selectively implement it, disregard it, alter it, order it to be speeded up or slowed down, as he has to date. All this with the idea of touting various aspects of it to various constituencies, while maintaining his bragging rights of “we won” and further insuring the Party faithful and the newly grateful toe the line.
If he loses, depending on the opinion and the clarity and finality and the striking down in total or in part, then all of the shenanigans, feints and jabs, executive orders and administrative chicanery that his administration has engaged in to date, in not just HHS but many other of the Cabinet -level Departments and agencies, will not necessarily cease, but may perhaps be exacerbated in order to create as much havoc as possible prior to a possible change of administration, thus making the dismantling of the totalitarian statist central planning apparatus begun some four decades ago by the New Left that much more arduous. It could very well be Lame Duck Gone Wild.
In either eventuality, the country loses in the short term. Obamacare was not supposed to be fully implemented til 2014, though revenue streams and bureaucratic edicts resulting from it began immediately upon passage. How many individuals, corporations, associations and institutions have been damaged? They will never be made whole. How long it takes a new, conservative, constitution-oriented Congress to untangle all this mess and repair some of the damage, even with the support of a new administration, is as much a guess as were the OMB’s and the CBO’s calculations on the cost to the economy back when the whole dog-and-pony show was presented.
Considering that, and considering the fact that so many of the material facts of the case of We the People vs. Obama, or whatever the case will be named by SCOTUS, have been altered, making previous litigation almost meaningless, we see the case building for an expedited review by the court. All the valid claims about forcing people to purchase a product, about the 14th Amendment concerns and the equal application of this and that and the Commerce Clause aside, the country is descending into chaos. It should be apparent by now that the Obama administration will do as it damned well pleases in interpreting and implementing Obamacare, regardless of what was contained in the original legislation or what the subsequent conflicting judicial reviews have stated. For that reason alone, we think the Constitutional question needs to be immediately decided. The country is being reduced to ruins.
And for those with a “world view’, we don’t think you have to be a geo-economist to see that ‘as America goes, so goes the world’. So many say “We don’t want to happen here what is happening in Europe”. Do they think our ‘uncertainty’ applies only to American businessmen and financiers? Had Obamacare, and Obama, never happened, Europe could have limped on a little longer and eased itself out of entangling Eurovision schemes. Our uncertainty was their undoing As it is, when the dust settles, and America regroups, it will have to rebuild Europe all over again. Unless the sovereign nations of Europe reclaim their individual sovereignties and clean their own houses. Or unless they look to China instead of America. Good grief.
But if a decision on O’care could be had by, say, no later than mid-primary election season, some formulation of re-investing in America , heartened by the prospect a neo-constitutional government to be ushered in in the fall, could begin to take place among the movers and the shakers on Wall and Main streets. To borrow from an old Democrat Party tune, by this time next year, it could be “Happy Days Are Here Again”. or at least as happy as could be expected given the residual effects of our long national nightmare. Stop the bleeding now.
OCCUPY THE SUPREME COURT!
The gag concerning fire departments in small local communities, usually ragtag volunteer outfits, goes “Well, at least they saved the foundation.” When the US Supreme Court finally gets its game on in re Obamacare, will we be able to say “Well, at least they saved the founding documents”? We hope so, though the country as we knew it may be a smoldering heap.