Last week, Republican Sen. Ben Sasse of Nebraska acknowledged what is plainly true: if the Supreme Court's GOP justices gut the Affordable Care Act, the impact on many families' lives will be devastating: "Chemotherapy turned off for perhaps 12,000 people, dialysis going dark for 10,000. The horror stories will be real."
Naturally, Sasse's op-ed blames the Obama administration. "Health and Human Services Secretary Sylvia Burwell claimed in Senate testimony earlier this month that the administration has no plan to help the seven million citizens who could lose their coverage in the weeks following such a ruling," he complained.
This is a surprisingly familiar tack. Congressional Republicans are outraged that the White House has not yet unveiled a backup plan on what to do if the Supreme Court takes a sledgehammer to the American health care system. The whining is built on a curious foundation -- Republicans used to say, "We're outraged you reformed the healthcare system." Now these same Republicans are adding, "We're also outraged you didn't create a backup plan for what happens after we tear down the healthcare system."
President Barack Obama on Monday said he thinks there is no "plausible legal basis" for the U.S. Supreme Court to strike down a key plank of Obamacare, defending his administration's lack of a contingency plan. [...]
"Look, this should be a pretty straightforward case of statutory interpretation," Obama said.
In the same Reuters interview, the president added, "There is, in our view, not a plausible legal basis for striking it down. And what if the Supreme Court takes an implausible path?
As of a few weeks ago, the status of marriage rights in Alabama was no longer in dispute, despite some strange legal wrangling. Federal courts had struck down the state ban on marriage equality, and though Alabama Supreme Court Chief Justice Roy Moore (R) tried to intervene, telling state courts to ignore federal court rulings, U.S. District Judge Callie V.S. Granade, appointed to the federal bench by President George W. Bush, explicitly told Alabama that this matter is not optional.
And so, Alabama joined the growing collection of states in which same-sex marriage is now legal. That is, until last night.
The Alabama Supreme Court ordered all the state's probate judges late Tuesday to stop issuing marriages licenses to same-sex couples, the latest in a growing legal tussle playing out in Alabama over whether the decisions of federal justices trump those made by state judges. [...]
"...Each such probate judge is temporarily enjoined from issuing any marriage license contrary to Alabama law as explained in this opinion," [the Alabama justices] wrote.
State Supreme Court justices in Alabama are elected, and in the current makeup of the court, all nine jurists are Republicans.
The case was brought to the state court by a group called Liberty Counsel, an organization created in part by Jerry Falwell's ministry.
So what happens now? According to a report from al.com:
About two years ago at this time, the fight over the future of the Affordable Care Act was effectively over. President Obama had won re-election; the Supreme Court had endorsed the law's constitutionality; Republican leaders were referring to "Obamacare" as "the law of the land"; GOP governors were grudgingly accepting Medicaid expansion; and systemic improvements were taking root.
For all intents and purposes, the debate over health care reform had been settled. The ACA had won and the nation was benefiting as a result.
But as it turns out, anti-health care forces had one last Hail Mary pass left to throw, and as Suzy Khimm explained, it lands at the Supreme Court today.
The Supreme Court will hear a case on Wednesday that could jeopardize the future of Obamacare and imperil insurance coverage for millions of Americans. [...]
If the plaintiffs prevail, more than 7 million Americans in up to 37 states are expected to lose the subsidies they receive to help pay for their insurance coverage they purchases on the federal Obamacare exchanges.
The case may seem complicated, but the dispute is actually pretty straightforward.
Rachel Maddow reminds viewers of Israeli Prime Minister Netanyahu's 2002 testimony to Congress about Iraq WMDs as context for his speech on Iran as members of Congress made an unprecedented spectacle of showing allegiance to a foreign head of state. watch
Rachel Maddow separates distills what's important about the Hillary Clinton e-mail story and talks with Ann Gearan, national politics reporter for The Washington Post, about whether Clinton is at a disadvantage for not having more primary competition. watch
Rachel Maddow reports on how the shocking suicide of Republican gubernatorial hopeful, Tom Schweich has exposed an ugly vein of religious bigotry in Missouri politics, and shares some video of Senator John Danforth criticizing toxic politics in his... watch
* Ferguson: "The Justice Department has released a scathing report based on its investigation of the Ferguson, Missouri, police department, in which it says the police department engaged in broad pattern of conduct that routinely violated the constitutional rights of African-Americans."
* Also in Missouri: "In a eulogy that doubled as a stunning rebuke of a top official in his own party, former U.S. Sen. John Danforth, R-Mo., declared Tuesday that 'politics has gone so hideously wrong,' and implicitly blamed that tone for Missouri gubernatorial candidate Tom Schweich's suicide last week."
* What a fall from grace: "Former CIA Director David Petraeus will plead guilty to mishandling classified information, a Department of Justice spokesperson said Tuesday. The plea agreement outlines the terms in which prosecutors will recommend a sentence of two years of probation, with no jail time, and a $40,000 fine."
* Nancy Pelosi was unimpressed with Benjamin Netanyahu: "'I was near tears throughout the prime minister's speech --saddened by the insult to the intelligence of the United States,' she fumed in a statement afterward, adding that she didn't appreciate 'the condescension toward our knowledge of the threat posed by Iran and our broader commitment to preventing nuclear proliferation.'"
* Classless: "Sen. Lindsey Graham (R-S.C.) took a cheap shot at House Minority Leader Nancy Pelosi (D-Calif.) on Tuesday over her reaction to Israeli Prime Minister Benjamin Netanyahu's speech.... In a private fund-raiser after the speech, [Graham] pointed to Pelosi's behavior as evidence that a Republican majority is better for those who support Israel. 'Did you see Nancy Pelosi on the floor. Complete disgust,' he said, according to one attendee. 'If you can get through all the surgeries, there's disgust.'"
* West Virginia: "As expected, Gov. Earl Ray Tomblin on Tuesday vetoed a bill banning late-term abortions in West Virginia, citing constitutional concerns, an action that sets the stage for the first legislative override of a gubernatorial veto in nearly 28 years."
* Speaking of West Virginia, the state told the Supreme Court that it "predicated decisions" about health care on the assumption that ACA subsidies were conditional. By all appearances, that was a brazen lie.
Just yesterday, three Republican senators co-authored a Washington Postop-ed saying Americans need not fear GOP justices on the Supreme Court gutting the Affordable Care Act. "We have a plan for fixing health care," they boasted, reassuringly.
Upon further inspection, however, the "plan" lacked something important: a plan. The Republican senators had some pleasant sounding platitudes and vague goals, but to describe the op-ed as a credible policy solution is silly.
A day later, three leading House Republican committee chairs -- Paul Ryan (R-Wis.), Fred Upton (R-Mich.) and John Kline (R-Minn.) -- were equally proud to announce this morning that they have "a sane health-care alternative" to the dreaded "Obamacare."
[After the Supreme Court tears down the current system] the question is: Then what? What about the people who will lose their subsidies --- and possibly their coverage? No family should pay for this administration's overreach. That is why House Republicans have formed a working group to propose a way out for the affected states if the court rules against the administration.
What we will propose is an off-ramp out of ObamaCare toward patient-centered health care. It has two parts: First, make insurance more affordable by ending Washington mandates and giving choice back to states, individuals and families. And second, support Americans in purchasing the coverage of their choosing.
Oh, good. There's a "working group" with an "off-ramp." Americans who'll soon no longer be able to afford chemotherapy will no doubt be thrilled.
Jonathan Bernstein asked this afternoon, "Just how stupid does Paul Ryan think we are?" The answer, I suspect, is that Paul Ryan isn't thinking about us at all -- he's trying to persuade Republican Supreme Court justices to work as an extension of the GOP policymaking apparatus. The endgame is denying people health care coverage; nothing else really matters.
All eyes were on Capitol Hill this morning, when Israeli Prime Minister Benjamin Netanyahu delivered a speech to a joint session of Congress, hoping to undermine nuclear diplomacy with Iran. Everyone involved in the debate, regardless of their position, had a pretty good idea as to what the Israeli leader was going to say, and he met expectations.
A senior administration official told Jake Tapper there was "literally not one new idea" in Netanyahu's speech, and "not one single concrete alternative" to the ongoing P5+1 talks. The official added that the prime minister's speech was "all rhetoric, no action."
The complaints have the benefit of being true.
Putting aside the fear-mongering and the Cheney-esque rhetoric, what Netanyahu's remarks boiled down to was a straightforward message: Iran is bad and the deal that's coming together with Iran won't work. What Netanyahu's speech was supposed to do was offer policymakers and critics of the talks a viable alternative solution, and on this front, the prime minister blew it. As Jon Chait noted:
Netanyahu's panicked plea for what he called "the survival of our country" is hardly a figment of his imagination. His recitation of the evils of Iran's regime was largely correct. He might conceivably be correct that the Obama administration could have secured a stronger deal with Iran than the one it is negotiating, though that conclusion is hard to vouchsafe without detailed knowledge of the negotiations. [...]
But Netanyahu did not make even the barest case for a better alternative.
It's a familiar problem for President Obama's critics: there's an obvious problem in need of a solution; there's a proposal preferred by the White House; and there are Obama's critics, insisting they hate the president's solution without offering a credible alternative of their own.
The Republican plan for funding the Department of Homeland Security never really made any sense. As GOP lawmakers saw it, they'd refuse to fund the cabinet agency unless Democrats agreed to destroy President Obama's immigration policy -- but it was painfully obvious all along that Dems would never accept such terms.
The resolution was always going to be the same: Congress would have to pass a "clean" DHS bill, funding the department, and go after the White House's immigration policy through the courts. It was only a matter of time before Republicans realized they had no other credible option.
House Speaker John Boehner told congressional Republicans Tuesday morning that he will bring up a vote to pass a "clean" bill to fund the Department of Homeland Security with no strings attached, according to NBC News.
With his back up against a wall and funding for the critical government agency set to run dry by Friday at midnight, Boehner alerted the House GOP conference during a closed door session Tuesday that the lower chamber will be voting on the clean bill as early as that afternoon. Boehner's announcement was met with dead silence from the room, NBC News reported.
Rep. Steve King (R-Iowa), one of Congress' fiercest anti-immigrant voices, told the AP after the meeting that this resolution is "the signal of capitulation," a complaint that happens to be true. But again, the question has always been when, not whether, congressional Republicans would fund Homeland Security. They could play games, fight with one another, point fingers, and make all kinds of threats, but sooner or later, a clean bill would clear Capitol Hill and become law.
Boehner could have saved himself quite a bit of hassle and humiliation if he'd guided his conference in this direction weeks ago -- the Speaker knew as well as anyone that this day was inevitable -- but he just isn't in a strong enough position to lead effectively.
On the other end of Pennsylvania Avenue, meanwhile, there's President Obama, who's won another round.
Today's installment of campaign-related news items that won't necessarily generate a post of their own, but may be of interest to political observers:
* Former Maryland Gov. Martin O'Malley (D) announced this morning that he will not run for Sen. Barbara Mikulski's (D) seat next year. "I am hopeful and confident that very capable public servants with a desire to serve in the Senate will step up as candidates for this important office," he said. "I will not be one of them."
* In related news, Rep. Chris Van Hollen's (D-Md.) office says he's "very likely" to run to succeed Mikulski, though the primary may soon get crowded. Keep an eye on, among others, Rep. Donna Edwards (D-Md.) and Baltimore Mayor Stephanie Rawlings-Blake (D).
* As if New Jersey Gov. Chris Christie (R) weren't having enough trouble, a new Fairleigh Dickinson University PublicMind poll shows his approval rating in his home state dropping to just 35%. A majority of Christie's own constituents now disapprove of how he's doing his job.
* Speaking of Christie, some of the governor's financial backers are launching their "first event for bundlers." A total of 25 donors, who'll raise between $25,000 and $100,000 each for Christie's political action committee, will meet later this month in suburban Bernardsville, N.J.
* Though paid speeches are unusual for presidential candidate, former Gov. Jeb Bush (R) will deliver a paid speech to the American Council of Life Insurers today in Las Vegas. It will reportedly be his last paid speech before officially kicking off his campaign.
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