Justice Roberts’ Health Care Decision: Just Say Yes to the Constitution (June 29, 2012)

It’s been a humdinger of a week for the old Supreme Court of the United States, hasn’t it? Fresh off another closely watched decision, and the unanimous vote to retain the central plank of Arizona’s abysmal 2010 immigration law, the nation hung in suspense as the court undertook a review of the hotly debated healthcare reform legislation otherwise known as Obamacare.

The pessimistic amongst us (including this writer) feared the worst. The right-swinging SCOTUS would surely shoot down the so-called “individual mandate” portion of the Affordable Healthcare Act, the piece that offers a step toward universal coverage while ultimately attempting to lower the burden of the insured to cover so many unsubsidized emergency room visits. Hell, there was every reason to suspect that the entire baby would be tossed with the proverbial bathwater. The partisan rancor which has engulfed Capitol Hill and all but quashed anything akin to rational, nonpartisan debate (name the topic) has migrated over to the Supreme Court Building in recent years. If the justices voted along two-party lines, which is no longer as preposterous a notion as it once seemed, then this thing could easily have gone 5-4 against.

But then an amazing thing happened: Chief Justice John Roberts played the spoiler. To underscore the unanticipated nature of Robert’s vote, consider that no less a bland source than Wikipedia has this to say about the predictability of the judge’s vote: “It is popularly accepted that Chief Justice Roberts and Justices Scalia, Thomas, and Alito comprise the Court’s conservative wing.”

Now it is granted that Roberts’ decision to uphold the constitutionality of the individual mandate differed from the opinions offered by Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. While the latter viewed the provision of the Affordable Healthcare Act through the prism of Congress’ power to regulate interstate commerce, Roberts offered that the mandate is actually a tax. Tomato, tomatoe – the law was upheld and people with pre-existing conditions can look forward to a day when they are released from the insurance penalty box. The reform is by no means a perfect piece of legislation and if anything, many Americans are left with the impression that President Obama did not go far enough to overhaul the nation’s inefficient and cruel system, but my goodness, if moderate steps are erased, what are the chances of a more revolutionary effort succeeding?

So what did happen with Roberts anyway? Was his a vote cast to mitigate the public impression that the SCOTUS is too politically partisan to continue assessing objective questions of law and liberty? Was it a closet endorsement of the President’s attempt to overhaul a greatly broken drain on our domestic spending (which a true fiscal conservative would support)? Was the surprise decision a confirmation of Robert’s genuine belief in the government’s right to tax?

These are questions that need to be pondered if we are to anticipate future outcomes from the Court, and we ought to remain concerned with the late partiality of certain justices toward pleasing a political base. But you know what? This is a week to celebrate the increasingly rare opportunities when we can take pride in our democratic system, the checks and balances installed by our ancestors. There are moments when it all works as it should. This is one of them.

Democrats Encouraged by the GOP’s Unceasing Grumbles About Romney (June 13, 2012)

One of the great stories of the 2012 Presidential election campaign that will find its way to history books and Wikipedia is the utter lack of enthusiasm for Mittens on behalf of his own party. It’s not just liberals and moderates who have found the former governor of Massachusetts equal to the excitement of a prostate exam. I am already nostalgic for this past winter’s primary season which witnessed the ascendance of a rotating bunch of crazies: Bachmann, Cain, Gingrich and lastly Rick Santorum before the GOP just gave up and decided that the least controversial candidate might be the best option. I wouldn’t believe it if I hadn’t seen it for myself. If the fad of Smell-o-Vision were alive and well today, one could have inhaled the desperation of the Republican party to find someone, anyone other than Mitt Romney to challenge sitting President Obama.

But now that Romney is poised to accept his party’s reluctant nomination in Tampa, Florida this summer, one might have expected the establishment to fall in line. However a recent bumper crop of GOP hardliners is making it clear that Romney still has a lot of work to do before November, and some of the criticism is coming from the strangest places.

Fresh off a successful recall challenge last week, an emboldened Scott Walker, Wisconsin’s union-hating governor told viewers of CBS’s Face the Nation, “I don’t think we win if it’s just about a referendum on Barack Obama.” Walker seems to be keenly aware that trouncing on a record that includes saving the auto and banking industries while taking out Osama bin Laden and moving GLBT rights forward, might fail be a totally effective strategy.

Not to be outdone, GOP it-boy Mitch Daniels, adored by such moderates as New York Times columnist David Brooks, shared his view of the Romney campaign with the Fox News Sunday audience. In an almost confrontational tone Daniels said, “The American people, I think, will rightly demand to know something more than he’s not President Obama…He better have an affirmative, constructive message, one of hope.”

If we didn’t know better, that sounds an awful lot like admiration of Obama’s “Yes, We Can” slogan of 2008. You know, that election won against a timid, pandering former Maverick.

However, I was most incredulous to find some straight talk from former Florida governor Jeb Bush. The younger brother of arguably the most polarizing and least effective President in U.S. history addressed a group of journalists this past Monday morning in Manhattan. And it was at the Bloomberg View breakfast that Bush took the piss out of the Romney campaign’s sole argument: that we can’t afford four more years of Obama and he is the man to kick off America’s immediate economic resurgence. Uttering two sentences that don’t leave much room for interpretation, Bush stated, “I think we’re in a period here for the next year of pretty slow growth…I don’t see how we get out, notwithstanding who’s president.”

Well now.

So although the deal is done in terms of the Republican party’s 2012 chosen one, the jury appears to be out as to whether the establishment is going to come together behind Romney. Take this Associated Press headline from early May: “GOP Leaders Start to Rally Around Romney (Sort Of).” The article goes on to say “Republican party leaders are starting to rally around Mitt Romney, but it’s not exactly a stampede of support for the expected GOP presidential nominee.”

I find all of this back door mumbling highly encouraging. There’s no arguing that the economy remains in dire straits and Obama’s second term requires more of a “take no prisoners” approach than has been the norm of the last four years. However, more than a slice of conventional wisdom suggests that this is finally the year the Tea Party-hijacked GOP gets taken to the shed. If some of the biggest Republican names are unable to publicly condone Romney’s candidacy, why should the mainstream voter be any different?

Where Are the Jobs? Ask the GOP (June 6, 2012)

Last month Mitt Romney wrote a column printed in the Cleveland Plain Dealer that presumed to pose an important query to President Obama: “Welcome to Ohio. I have a simple question for you: Where are the jobs?”

Ohio is a key battleground state in the November elections and like any politician worth his salt, challenger Romney is attempting to use the dismal job numbers of the last three months, including news released last Friday that the U.S. added a meager 69,000 positions to payrolls in May, to his advantage. In the course of his open letter Mittens makes an attempt at magnanimity: “I recognize, of course, as do all Americans, that you inherited an economic crisis. But you’ve now had three years to turn things around. The record of those three years is clear. Your policies have failed, not only in Ohio, but across the nation.”

Well I know the right is oh so tired of hearing this inconvenient truth, but the mystery of the disappearing workforce is owing not to the President’s leadership but to eight previous years of treasury looting and voodoo economic policy. Many pundits (some of whom I once considered liberal) and Republican mouthpieces are foisting a giant Jedi mind trick upon all of us, not entirely without success. It’s as if two wars paid for on the credit card, the rapid expansion of health care expenses and dimwitted tax cuts for the wealthiest Americans have nothing to do with our collective and personal debt load, of creating the impression that the American Dream and the middle class are endangered species.

It’s as though the giant bursting bubble of the housing market in 2008 and the foreclosure crisis that has yet to abate, a result of scandalous Wall Street malfeasance, was orchestrated under Obama’s leadership. Like the foundering of the automakers, partly the result of producing giant, fuel-inefficient cars that nobody wanted, a problem that has progressed a long way toward resolution (thanks to ahem, Obama) was the Commander-in-Chief’s master plan.

I know how the GOP will counter: but he’s had almost four years to fix things! He can’t keep using Bush as an excuse! I am the last person to argue that it’s not the responsibility of our current elected leader to correct our wayward path and put us once more on the road to prosperity. But do you know why they say Rome wasn’t built in a day? Because it wasn’t.

All of the aforementioned problems, issues that people forget brought this nation to its very knees in late 2008, have witnessed remarkable rebounds, even as pain continues. This is lamentable but how can there by any sane suggestion that a Romney Presidency, which would effectively serve as Dubya Part II, is the way to go? We’ve been there before. That one percent thinking almost got us killed – literally and figuratively.

Obama has not been a perfect President, but he’s been a pretty damned good one, cool under pressure and able to reform the state of our military involvement, banking regulations, auto industry standards and health care dysfunction even without the participation of the opposition. The housing market and unemployment, two quagmires in need of creative strategy, have a long way to go and the economy should not be considered stable until there has been sustained improvement in those areas. But let Obama have the same eight years to continue the hard work he’s started in resetting the economy, the same period voters afforded George W. Bush to dismantle the budget surplus and national peace he inherited from predecessor Bill Clinton.

Latino Voters Self-Deport Mitt Romney (June 2, 2012)

According to the latest round of NBC-Marist polls, President Obama and presumed GOP nominee Mitt Romney are locked in a virtual tie among registered voters in Iowa, Colorado and Nevada. This Midwest and Western states are considered by those in the know to be key battleground venues in the November elections.

In Iowa, Obama and Mittens polled at an even 44 percent favored rate, with 10 percent declaring themselves undecided. In Colorado, the President currently edges Romney by a mere percent while his lead stretches to two points in the home of Las Vegas. While the election season remains in its early stages (I know that may be difficult to believe given the oversaturation many of us already feel), the numbers are cause for concern to the President’s re-election team.

Meanwhile the results of a new Washington Post-ABC News sample ran with the headline, “Poll shows Romney becoming more likeable.” The challenger’s favorability rating registered at 41 percent, up six points from a month ago. This statistic may be less of a concern for the Obama camp, not simply because the Commander-in-Chief’s own likability index is 11 points higher at 52 percent. If there’s one thing that most members of our dysfunctional two-party political system can agree upon, it’s that Mitt Romney is a crushing bore.

So yeah ok, the race is becoming more competitive as we approach convention season and Mittens is doing courageous work trying to overcome liabilities that include anger from animal lovers (the whole driving to Canada with the family dog strapped to the roof bit – thank you Gail Collins), women (this year’s tone-deaf assault on female reproductive rights), the gay community, people who prefer their politicians to have genuine, stable positions on the issues and last but not least, Latinos. It makes me wonder who exactly these pollsters are speaking with when they collect their data.

This question could be posed relative to any of the groups mentioned above, but the results of an NBC News/Wall Street Journal/Telemundo poll published last week indicate that Obama enjoys a staggering 34-point lead over Mitt Romney amongst Latino voters. How does the Romney Team think they can bridge that crater? Perhaps of even greater concern: only 26 percent of Spanish-heritage voters view the GOP candidate positively, while 35 percent reported a negative opinion. There are 50 million Latinos in this country with a 3.1 percent population growth between July 2008 and July 2009 alone. This is not likely to change and in the midst of many challenges faced by the Romney campaign, the lopsided nature of the candidiates’ perception within the Hispanic citizenry should be a five-alarm panic.

The aversion to Romney amongst Latinos is not entirely the Dull One’s doing. For this state of affairs, Mitten can thank members of his own party like Arizona Governor Jan Brewer who has helmed a crusade against her state’s prominent Spanish contingent, or former Republican Presidential candidate Herman Cain who offered an electrified barbed-wire fence on the US-Mexico border as the answer to out nation’s outdated immigration policies. Forward thinking like this from the new crop of GOP standard bearers almost makes one pine for the comparatively progressive views of Dubya.

Despite what general election polls suggest, the numbers don’t add up and history teaches us that statistics are themselves only another statistic when it comes to predicting U.S. Presidential contests. The insights are useful and needless with almost equal frequency. The doom spelled for the future of the GOP’s appeal in its alienation of women and minorities has yet to be experienced at its height. This gives us something to anticipate in future election cycles. But any Republican strategists who think that rich white men can carry Mittens to victory in November are kidding themselves. There’s only so much disenfranchising you can do, though I expect GOP lackeys to continue giving it the old college try.

Obama Opens Up a General Election Can of Whoop Ass on Romney (May 16, 2012)

A little over ten days ago, President Barack Obama, who has been frequently criticized by members of his base (myself included) for anemic fence straddling throughout his first term, came to Virginia in a vigorous mood. Our sitting Commander-in-Chief chose the swing state he won in 2008 to formally launch his drive for re-election, casting the 2012 race as “a make or break moment for the middle class.”

Declaring himself “still fired up,” those of us who have enthusiastically followed his trajectory from Illinois State government to U.S. Senate to the White House can vouch for Obama’s ability to excite a crowd. His ample charisma and message of hope is one of many reasons BHO drubbed John McCain on election night four years ago.

The irresistible orator has turned out to be a far more pragmatic leader than the revolutionary-minded among us may have wished, but that’s not necessarily a bad thing. We have some epically serious problems with which to contend and although there have been times when I would loved to see Obama challenge a political rival to an old-fashioned duel (see John Boehner and last summer’s debt ceiling tango), my better self understands that this is no way to move the country forward. And however quiet his methods, the POTUS has certainly done that. As Joe Biden said correctly, “Osama bin Laden is dead and General Motors is alive.”

So after a rousing start to what is sure to be a long general election campaign, the nation settled into several presumed months of contemplating the Veepstakes. Which GOP crazy would Romney tap to be his second-in-command? Boring conversation for certain. Then two very awesome things occurred…

BOOM! Obama tells ABC’s Robin Roberts that “at a certain point I’ve just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married.” It may have taken a lot of words to state a simple fact: everyone has the right to decide who to love and wed. And the admission may have been forced by a clumsy, off-message but must-love-his-honesty Joe Biden, who unequivocally declared his support for gay marriage on Meet the Press, but the important thing was that the words were finally said.

And BOOM! JP Morgan Chase, one of the pillars of Wall Street, an institution long heralded for its ability to manage risk, announced it had lost two billion dollars through hazardous betting, adding new chum to the waters surrounding the debate on financial regulation and oversight.

Folks we have a live one!

In no time at all, Mitt Romney raced for the podium to declare “My view is that marriage is a relationship between a man and a woman,” Romney said. “That’s the position I’ve had for some time, and I don’t intend to make any adjustments at this point. … Or ever, by the way.” Well good, glad we cleared up your permanent inflexibility Mittens.

Except that was a lot easier to get away with in 2004. Fortunately, society’s pendulum is swinging quickly on this issue, with a March 2012 Gallup ABC News poll showing that 52 percent of Americans support the legalization of same-sex marriage. I know the Republicans have long stopped caring about majorities or embracing the mainstream, but they continue to isolate themselves at their own electoral peril.

Likewise, the Romney camp wasted no time stepping in it over the JP Morgan Chase debacle. Romney spokesman Rick Gorka issued a statement that read in part, “JP Morgan’s investors, not taxpayers, will incur any losses from this hedging trade gone bad. As president, Gov. Romney will push for common-sense regulation that gives regulators tools to do their jobs, and that gives investors more clarity.”

Um, didn’t JP Morgan use taxpayer money, in the form of savings, holdings and other securities in the bank, purchased and stored with the honest dollars of hard working people, to execute this financial belly flop? Are we expected to believe that the bank will sell off buildings, reduce executive salaries or liquidate other assets to compensate for the loss?

Out of touch, and come November, out of time, the Republicans will finally be forced to take themselves out to the shed and contemplate a platform overhaul that includes elements of reality, modernity and tolerance. But until then, it will be wildly amusing to watch Mittens try to grapple with unscripted events as they happen, generally coming out looking like an ass, as has occurred in this first week of the general election campaign.