Thursday, June 28, 2012

ObamaCare: Liberty Lost the Battle, But the War's More Winnable Than Ever

Conservatives were right about John Roberts.

Not this year, obviously: nobody expected the Chief Justice to fall for the White House’s most laughable justification of ObamaCare’s individual mandate. But we were right in 2005, when George W. Bush nominated the blank-slate jurist to the Supreme Court. Ann Coulter warned us that “stealth nominees have never turned out to be a pleasant surprise for conservatives.” I’ve previously voiced my fear that Roberts worships at the altar of stare decisis.

Despite Roberts’ reasoning, the mandate is manifestly not a tax. As the bill's text and legislative history clearly show, it’s a penalty expressly justified as a regulation of interstate commerce. Barack Obama himself emphatically denied that it was a tax. Hell, the Court itself acknowledged it’s not a tax—for the purpose of ruling on a different part of ObamaCare. As Anthony Kennedy’s dissenting opinion says, “to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it.” (To say nothing of the real elephant in the room: even if it was a tax, it still wouldn't fall under enumerated powers.)

Jay Cost looks on the bright side: the Court rejected the mandate’s Commerce and Necessary & Proper Clause rationales, which sets valuable precedent. They also affirmed that states can’t be denied Medicaid funds for noncompliance.

That’s all well and good…but is one constitutional provision really protected when government can get away with the same thing by simply calling it something else? Brent Bozell is right: “there will be no rehabilitating” of John Roberts’ new image “as a traitor to his philosophy.” Thanks, Dubya!

Make no mistake: today was a defeat for constitutional fidelity, individual liberty, limited government, and true healthcare reform. But the American people may yet have the last laugh.

The general public deeply, deeply opposes ObamaCare, and doctors keep reaffirming that it’ll make American healthcare worse. The Court just guaranteed that a clear loser for Obama will remain a prominent issue throughout the rest of the campaign. We’re already seeing signs that conservatives are giving Mitt Romney a much-needed enthusiasm boost.

Beyond that, the ruling added two brand-new wrinkles to the narrative, neither of which works to Team Obama’s benefit. First, the mandate can now be characterized as a tax increase, an argument Sen. Marco Rubio is already expertly deploying. Second, Obama now has a new circle to square: were you lying about the mandate not being a tax then, or are you lying now?

Hopefully Romney will incorporate these details into his rhetoric sooner rather than later (his pre-scripted reaction to the ruling desperately needs a tune-up). Either way, the bottom line is that it’s more important than ever for conservatives to dedicating ourselves to keeping the House, retaking the Senate, and—and here’s the part some conservatives still want to suicidally ignore—retaking the White House. Only by electing Mitt Romney can we hope to repeal ObamaCare and appoint justices with greater respect for the Constitution.

Let’s get to work.

Wednesday, June 6, 2012

Scott Walker Stands Victorious as Wisconsin Embodies the Best of Democracy

They tried fleeing the state to indefinitely halt the legislative process. It failed. They poured all the hate they could into their demonstrations and propaganda. It failed. They tried intimidating legislators. It failed. They tried pressuring businesses into supporting them. It failed. They tried persecuting a judge. It failed. They tried demonizing Republican financial contributors. It failed. They tried smearing the governor’s professional ethics and personal morality. It failed. They tried lying to the public about budgets and benefits. It failed. They tried flouting the law by judicial fiat. It failed. They had teachers commit fraud and indoctrinate their students. It failed. They tried hiding data that undermined their case. It failed. They even managed to get Voter ID out of the way to simplify election fraud. That failed. In total, they cost taxpayers over $9 million.

The motley alliance of union thugs, partisan sycophants, education establishment snobs, left-wing fanatics, and brainwashed college kids that came together to preserve government-employee unions’ stranglehold over Wisconsin took the best shot they had against Governor Scott Walker.

Well, their best just. Wasn’t. Good. Enough.

After more than a year of liberals justifying demagoguery and mob agitation with insipid chants of “this is what democracy looks like,” the state of Wisconsin reaffirmed its trust in Walker in a glorious display of actual democracy—not the shout-down-the-Special-Olympics kind, but the cast-votes-and-count-‘em-up kind.

Though the sore losers will never, ever admit it, June 5, 2012 may go down in history as the day Wisconsin proved America’s slide into fiscal ruin isn’t inevitable, that special interest groups aren’t invincible, and that greed and misinformation don’t have absolute dominion over the public consciousness.

Above all, Wisconsin proved that courage is still viable in American politics—that principled action to serve the long-term interests of the whole over the selfish desires of the loudest or the most well-connected doesn’t have to be a political death sentence.

Granted, the Wisconsin Left has by no means been destroyed (nor has the moderate wing of the GOP). The Democrats and their supporters won’t grow morally from the experience, and the unions are still a force to be reckoned with. But their veneer of invincibility is gone, and it’s never coming back. The conventional wisdom of American politics is being rewritten as we speak.

As conservatives go forward with their economic and social agendas, we also need to take measures to make sure the Left can’t put Wisconsin through this insanity again. In particular, we need to fight to reinstate Voter ID, reform the recall process so it can’t be exploited to punish policy decisions, and do something about classroom indoctrination.

Be proud, Wisconsin. You showed America what democracy looks like at its best.
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