Spoke Larry Kudlow, Joseph Rago, WSJ, and Richard Epstein, Hoover, the the Judge Henry Hudson Federal court 42-page ruling that the mandate requirement in the Obamacare law from last March is unconstitutional. Learn that the Democrats wrote the 2,700 pages deliberately to derive the power for the mandate from the Commerce Clause rulings since the Great Depression. That POTUS and others rejected the notion that the law derives its power to mandate participation and to enforce penalties for non-compliance on the basis of the tax power. That the Commerce Clause is the predicate. And that Judge Hudson follows the arguments of jurists such as Randy Barnett that this is a perversion of the Commerce Clause. That the state does not have the power to force a citizen to participate in interstate commerce when the citizen chooses not to. This is fast-tracked to the Supreme Court, where Justice Kennedy will render the fate of the mandate. Am told that if the mandate fails to pass, then the Obamacare package is shreds. Richard Epstein remarks that in the 15-round prizefight, the oppo force is winning on rounds as the narrative heads to the Supreme Court.
There's no payoff for the Dems in fast tracking Judge Hudson's ruling to SCOTUS. The longer the trip takes the more time Obamacare has to settle into the bloodstream of the body politic and the more likely that Obama will have another appt on the court, in which case, game over. The modern administrative state can only grow, not shrink, even under committed small-governmenteers like Reagan. Like the Mesopotamian god told them about civilization, "you have to take its ills as well as its blessings, and once you take it, you can't give it back."
Mr. Batchelor increasingly presents himself as the gold standard of old-time gum shoe reporting. He presents a situation within a neutral frame and proceeds to define the action. If speculation as to a likely outcome is required, he will quote others prepared to take that leap. He himself will steer clear of predictions. This, of course, is in marked contrast to today’s template by which (say) a newspaper views its opinion pages as its heart and soul and allows its bias to bleed over into its reporting.
In this case, JB reports on the most prominent challenge to Obamacare to date. It has gained traction to the point of having become newsworthy. He correctly points out that it’s fate hinges entirely on how the Supremes determine the status of the mandate requiring Americans to buy health insurance. If viewed as a tax, government may be well within its rights to proceed; if viewed in terms of the commerce clause, government may have overstepped its reach. JB goes on to correctly point out that the whole matter will likely go to the High Court where a close decision can be expected to close the argument.
That much is indisputable fact. Any speculation about how Obamacare would (or would not) affect the economy or health care in general, would fall outside the purview of an honest broker. At the same time, JB does give us the opportunity to take the plunge. Our own comments are welcomed in an effort to reflect our feelings in any such matters. As these, however, may be based entirely on gut-reflex partisan leaning; wishful thinking, and/or healthy self-interest, they could tend to run afoul of what’s actually out there. We might, for example, point to a recent survey of doctors which predicts that anywhere from 45 to 75% of doctors would walk away from their profession if Obamacare were ever fully implemented. This would bolster our own argument that Obamacare itself is self-defeating, opening up the speculation of why any president would deliberately pursue a policy that is bad for the nation. This is a direction that most people (including JB) will never be reckless enough to take.
By sticking to the straight-and-narrow of reporting, Mr. Batchelor has carved out for himself a niche that is likely far longer-lasting than the resolution of current squabbles and trends.
http://peterkoelliker.blogspot.com/
http://pkoelliker.blogspot.com/
Outstanding piece with Epstein last night, JB! Simply outstanding. Thanks for devoting such a long segment without commercial break, and having the good sense to just wind Epstein up and let him go.
Also enjoyed the earlier segment with McGurn on why the Republicans should be more actively talking about the American Dream, to combat all the class warfare.