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You are here: Home / Politics / Media / Doing the best with what they’ve got

Doing the best with what they’ve got

by Tim F|  June 28, 20122:46 pm| 116 Comments

This post is in: Media, General Stupidity

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This FOX News article on today’s decision (Individual mandate upheld: What does that mean for you and your health?) is one for the ages. It builds up the crazy slowly, but the author does her level best to make ordinary provisions sound like the slow death of freedom. For example:

Another change that will eventually go into effect is the government’s ability to seize your medical records. In order to make information more readily available for doctors during their appointments, the government hopes to create a national database of every person’s medical history.

A national medical database would be a concern if it gave insurance companies more chances to rifle through your deep history to find some excuse to deny your application or cut your support off after the fact. Those things are kind of evil, but the new law makes rescission and pre-existing condition denials illegal. What evil purpose might motivate the government to ‘seize’ your medical records is left as an exercise for the reader.

Then there’s the expert opinion. Three specialists that the article dug up mostly shrug and say that things will stay the same or else get better. As (redacted) told the android David, so the annoyed editor told his underperforming minion: “try harder.” Problem is, the journalistic arm at Fox only gets to make up so many outright lies per day, and the criticisms of Obamacare that gained any traction are based on taco dreams and wishful thinking. Thus they outsourced the business of making rubes believe false things to Elizabeth Vliet, a psychiatrist, wingnut and Herman Cain-iac whose quotes run through the piece like a flaming bobcat at a BBC panel discussion.

“You pay the penalty and if you don’t pay the fine, you risk jail,” Dr. Elizabeth Vliet, founder of HER Place: Health Enhancement Renewal for Women, Inc. in Tucson, Ariz., told FoxNews.com. “The penalty is going to be managed through the IRS. You have all of the same powers that the IRS currently has to attach your property for unpaid taxes. It’s truly draconian in what is being proposed and what has been passed in the law.”

Sadly, no. Congress in fact limited the ability of the IRS to punish ACA delinquents in any way, except to garnish their tax refund. And thus the ratchet turns another peg, and Fox readers know a bit less than they knew the day before.

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Reader Interactions

116Comments

  1. 1.

    Litlebritdifrnt

    June 28, 2012 at 2:50 pm

    Listening to Limbaugh right now, he is furious. Can’t wait for Hannity at three, unless his head has already exploded.

  2. 2.

    Villago Delenda Est

    June 28, 2012 at 2:51 pm

    The pain of the wingtards fills me with joy.

    But I said that several threads ago.

    So, does this count as a sack dance, or an endzone spike?

  3. 3.

    Culture of Truth

    June 28, 2012 at 2:52 pm

    I feel like rushing outside and raising some wingnut’s taxes.

  4. 4.

    Chris

    June 28, 2012 at 2:53 pm

    “””And thus the ratchet turns another peg, and Fox readers know a bit less than they knew the day before.”””

    It’s no surprise at all to me what’s in that link. Like someone was saying here months ago, there are low-information voters, and then there are high-misinformation voters. Fox News viewers are overwhelmingly the latter.

    ETA: what happened to that bar that lets you bold, blockquote, italicize and all that? If it’s a glitch with the website, no worries. I just want to know if it is or if it’s just me/my laptop.

  5. 5.

    David Koch

    June 28, 2012 at 2:53 pm

    YES! WE! CAN!

    YES! WE! CAN!

    YES! WE! CAN!

    YES! WE! CAN!

    YES! WE! CAN!

    YES! WE! CAN!

    YES! WE! CAN!

    YES! WE! CAN!

  6. 6.

    Anonymous At Work

    June 28, 2012 at 2:53 pm

    “Taco dreams and wishful thinking”?? Explain “taco dreams”, please…

  7. 7.

    beltane

    June 28, 2012 at 2:54 pm

    Fox News is officially part of Rupert Murdoch’s entertainment division so it’s hard to fault them for meeting the demand for fascist porn on the part of flabby old white men (Megyn Kelly even wore a vagina colored outfit while covering the SCOTUS decision).

    It will be more interesting to see the reaction of people like David Brooks. I bet he’s limbering up right now for the feats of contortion he will perform on the News Hour tonight.

  8. 8.

    schrodinger's cat

    June 28, 2012 at 2:55 pm

    Fox readers know a bit less than they knew the day before.

    That’s because they want to stay ignorant. Like my grandma used to say, you can’t wake up some one who is pretending to be asleep.

  9. 9.

    Triassic Sands

    June 28, 2012 at 2:55 pm

    The only important question arising out of today’s Supreme Court decision is…
    Will Antonin Scalia ever talk to John Roberts again?

    I can’t even imagine how many Winger celebrations today’s decision caused to be canceled.

    But based on reporting (laughter) like the Fox News trash you’ve described above, maybe the celebrations can be turned into wakes and all that alcohol won’t be left unconsumed.

  10. 10.

    Johnny Gentle (famous crooner)

    June 28, 2012 at 2:55 pm

    And a huge percentage of this country gets its news solely from these crazy fuckers. It’s utterly disturbing that they can go their entire adult lives in an alternate factual reality. I swear, if Rush Limbaugh and Fox News wanted to re-enact Hutu Power, millions of people would rush out to purchase machetes.

  11. 11.

    David Koch

    June 28, 2012 at 2:55 pm

    BWHWHAHAHAHAHHAHAHAHHAHAHAHHAAHHAHAHAHHAHA

    The teabaggers are calling for Roberts’ impeachment.

    HA!

  12. 12.

    The Dangerman

    June 28, 2012 at 2:56 pm

    @Litlebritdifrnt:

    Can’t wait for Hannity at three, unless his head has already exploded.

    I may turn on O’Reilly at 5p (local); Dude was sure – I mean, SURE – that the ruling would be to overturn. The No-Spin spin should be staggering.

  13. 13.

    eric

    June 28, 2012 at 2:56 pm

    i am not 100% sure, but i think they just voted roberts off the island.

  14. 14.

    Chris

    June 28, 2012 at 2:57 pm

    @Johnny Gentle (famous crooner):

    “””It’s utterly disturbing that they can go their entire adult lives in an alternate factual reality.”””

    That’s what made the Soviets crash and burn – decades and decades of economic reports and everything else being falsified again and again so many times that in the end no one could find their way back to the truth no matter how hard they tried.

  15. 15.

    Culture of Truth

    June 28, 2012 at 2:57 pm

    the government hopes to create a national database of every person’s medical history.

    This is ridiculously inaccurate. Muslims will be exempt.

  16. 16.

    Tim F.

    June 28, 2012 at 2:59 pm

    @Anonymous At Work: The dreams that you get after eating too many tacos.

  17. 17.

    eric

    June 28, 2012 at 3:00 pm

    @Culture of Truth: Here is how it works: you have to tell your doctor if you own a gun and how many, so that your overall health and life expectancy can be evaluated. then, because the government has access to all medical records, the government will know who owns guns and how many guns they own. q.e.d.

  18. 18.

    NonyNony

    June 28, 2012 at 3:00 pm

    @Triassic Sands:

    The only important question arising out of today’s Supreme Court decision is… Will Antonin Scalia ever talk to John Roberts again?

    Actually that would be a good result for Roberts and the rest of us. The man is never going to be a liberal vote, but if the only people at work who speak with him are Kagan, Sotomayor and Ginsberg, the man might actually moderate his votes a bit.

    I’ve heard lore that this sort of thing is not unheard of in Courts of the past (yet another way High School “politics” prepares you for life, I suppose).

    ETA:
    @David Koch:

    The teabaggers are calling for Roberts’ impeachment.

    Link please? I believe it, but I’d like to see it. Preferably somewhere that isn’t a total swamppit…

  19. 19.

    JPL

    June 28, 2012 at 3:00 pm

    @David Koch: I have a lot of respect for your posts but you are wrong on this one..

    YES WE DID

  20. 20.

    beltane

    June 28, 2012 at 3:00 pm

    @eric: Roberts may have looked around at the other people on the island and then decided to get in a canoe and paddle away as fast as he could. No one with any vestige of sanity would want to remain on that particular island.

  21. 21.

    Valdivia

    June 28, 2012 at 3:01 pm

    @David Koch:

    four more years! :D

  22. 22.

    MikeJ

    June 28, 2012 at 3:02 pm

    @David Koch:

    The teabaggers are calling for Roberts’ impeachment.

    I wholeheartedly support this. Let’s replace him with Bill Clinton.

  23. 23.

    El Cid

    June 28, 2012 at 3:03 pm

    The purpose of the Fast and Furious program was to give taxpayer-subsidized guns to Mexican drug cartels so that they could enter the country with Eric Holder’s help and kill people who don’t pay their health insurance mandate.

    I think he should be held in contempt for not turning over any papers which prove the aforesaid to be true.

  24. 24.

    David Koch

    June 28, 2012 at 3:03 pm

    Screen Shot of FixXed news literally freaking out

    http://cache.daylife.com/imageserve/0g7O8Figroesb/610x.jpg

  25. 25.

    eric

    June 28, 2012 at 3:03 pm

    I think it is clear that Obambi got to Roberts as evidenced that Roberts was going to write the majority opinion, but mysteriously changed his vote. that is why scalia is so mad, and being a man of honor and tradition, scalia wont talk out of school on the “getting to” roberts by the marxist-fascist obambi.

    wow, this is easy and fun….

  26. 26.

    Valdivia

    June 28, 2012 at 3:04 pm

    @Valdivia:

    tomorrow I am wearing my ACA A Big Fucking Deal T-Shirt!

  27. 27.

    ericblair

    June 28, 2012 at 3:05 pm

    @David Koch:

    The teabaggers are calling for Roberts’ impeachment.

    I hope the cuckoo bananas gooper House takes them seriously. That’s a door we’d like opened.

  28. 28.

    eric

    June 28, 2012 at 3:05 pm

    @El Cid: yeah babee…see, we can all do this. I think what you are forgetting is that once the Nafta super highway is built we will be paying for mexicans to get canadian style health care.

  29. 29.

    MattR

    June 28, 2012 at 3:05 pm

    I am finally getting a chance to surf and I need help with this Medicaid expansion ruling. If I understand correctly, they ruled that while Congress has the right to attach conditions to federal funds, the Medicaid legislation went too far because it threatened to take away existing funds if the states did not accept the new rules. Is that pretty much it? If that is the case, does that mean that Congress can never add new conditions to existing federal funds? Not that there are the votes for it, but could Congress get around that by killing Medicaid completely and creating a new program to take its place that includes the new rules?

  30. 30.

    jonas

    June 28, 2012 at 3:07 pm

    Maybe there should have been a mechanism in the ACA (called the “Gone Galt Asshole Provision”) to allow people to opt out of the mandate and not carry insurance, but that would exempt any paramedic, doctor or hospital from liability for refusing to treat them — even in an emergency — if they couldn’t show proof of ability to pay up front. Oh, and any medical debts they incurred could not be discharged in bankruptcy.

    No freeloading, bitches!

  31. 31.

    Litlebritdifrnt

    June 28, 2012 at 3:08 pm

    Ha Ha Ha Hannity calling Roberts an “activist judge”

  32. 32.

    JPL

    June 28, 2012 at 3:09 pm

    @Valdivia: I had mine on Monday hoping the ruling would come down then.

  33. 33.

    Chad

    June 28, 2012 at 3:11 pm

    Scott Tenorman’s tears taste so good

  34. 34.

    redshirt

    June 28, 2012 at 3:11 pm

    Time to get Dick Armey’s Battalions of Grassroot Scooter Soldiers mobilized!

  35. 35.

    Litlebritdifrnt

    June 28, 2012 at 3:11 pm

    Hannity “they have just handed Obama a huge political loss”
    I am dying here, this is so funny.

  36. 36.

    JPL

    June 28, 2012 at 3:12 pm

    @MattR: The Federal Government is willing to pay up to 90 percent to expand the coverage for the poor. States can refuse the additional money but still keep the original contract. They just won’t get extra funds. Southern states will probably refuse extra money for spite and they happen to like lines out the door of their emergency rooms.

    Also,too ..Nancy Pelosi wants the federal government to cover the cost of the additional enrollees 100 percent ..and then let the assholes refuse that.

  37. 37.

    Culture of Truth

    June 28, 2012 at 3:12 pm

    If that is the case, does that mean that Congress can never add new conditions to existing federal funds?

    It would depend. Taking highway $$$ for not lowering the drinking age was ok, but this was an economic gun to the head of the states.

  38. 38.

    Ash Can

    June 28, 2012 at 3:13 pm

    @Litlebritdifrnt: Lulz — the same justice who thought Citizens United was fine and dandy. So fickle.

  39. 39.

    Soonergrunt

    June 28, 2012 at 3:13 pm

    And thus the ratchet turns another peg, and Fox readers know a bit less than they knew the day before.

    So it’s a day that ends in ‘y’ then. Got it.

  40. 40.

    comrade scott's agenda of rage

    June 28, 2012 at 3:14 pm

    @NonyNony:

    The man is never going to be a liberal vote, but if the only people at work who speak with him are Kagan, Sotomayor and Ginsberg, the man might actually moderate his votes a bit.

    Highly unlikely. He’s on the court because he’s a corporatist and will defend bidness rights till the end timeez. The ACA is another potential windfall for the insurance companies so he voted the way his previous votes on such issues indicated he would.

    And as two articles have pointed out:

    http://www.dailykos.com/story/2012/06/28/1103937/-A-dark-cloud-on-this-sunny-day-Roberts-Court-embraces-Constitution-in-Exile?detail=hide

    http://www.slate.com/articles/news_and_politics/scocca/2012/06/roberts_health_care_opinion_commerce_clause_the_real_reason_the_chief_justice_upheld_obamacare_.html

    This vote is all about laying the groundwork to start assaulting the New Deal jurisprudence.

    As an aside, the next time I hear somebody say that Kennedy is some kind of liberal, I’m gonna strangle them. This vote again demonstrates that he’s every bit as conservative as somebody like Fat Tony. He simply likes being that “deciding” vote on things. Read Jonathan Turley’s “The Nine” for some insight into Kennedy. At least with Fat Tony and Uncle Clarence, you know where you stand. Kennedy is far more insidious.

  41. 41.

    beltane

    June 28, 2012 at 3:14 pm

    @Litlebritdifrnt: Yes, I’m 100% sure that if the decision had gone the other way Hannity would be saying it was a huge political win for Obama.

  42. 42.

    EconWatcher

    June 28, 2012 at 3:15 pm

    @Litlebritdifrnt:

    Personally, I have doubts about whether Hannity believes much of what he says. He strikes me as a pure used car salesman, who figured out he could make a lot more money slinging wingnut bull$#it than he could selling old Buicks with altered odometers.

  43. 43.

    comrade scott's agenda of rage

    June 28, 2012 at 3:17 pm

    @EconWatcher:

    He strikes me as a pure used car salesman, who figured out he could make a lot more money slinging wingnut bull$#it than he could selling old Buicks with altered odometers.

    That pretty much describes Glenn Beck.

  44. 44.

    Valdivia

    June 28, 2012 at 3:18 pm

    @JPL:

    I am so happy that I decided to order it. Even if I did after Oral Arguments and thought it would be a piece of history if it went down. Now it’s part of the happy dance and spiking the football at the gym :)

  45. 45.

    EconWatcher

    June 28, 2012 at 3:19 pm

    @comrade scott’s agenda of rage:

    Now, see, I think Glenn Beck is genuinely insane, whereas Hannity is just a mercenary. But I will concede that reasonable minds can differ on these judgments.

  46. 46.

    Sister Rail Gun of Warm Humanitarianism

    June 28, 2012 at 3:20 pm

    Well, well, well. First time Americans for Poverty Prosperity has called since the primary. Sure didn’t take Renee Ellmers long to sign up as spokesmodel for an anti-ACA rally and phone bank.

  47. 47.

    NonyNony

    June 28, 2012 at 3:20 pm

    @comrade scott’s agenda of rage:

    Highly unlikely. He’s on the court because he’s a corporatist and will defend bidness rights till the end timeez.

    I don’t doubt that, but that rarely puts him at odds with the Democratic appointees on the bench (who aren’t going to go out of their way to strip business rights either).

    Let’s face it – we’ve got two pro-business parties in this country. One who spouts pro-business rhetoric and is good for business when they hold office and one who spouts pro-business rhetoric and are Republicans. Neither groups’ appointees to the Court are really “anti-business”.

    Yes I know that this means in certain cases – notably environmental rights and any time the rights of an individual conflict with the rights of a business – Roberts will be on Team Repeal The Enlightenment. But what I’m saying is that are going to be cases where the “pro-business” interpretation is also the right interpretation, but may be an interpretation that Scalia doesn’t like. Those are the cases where being snubbed by the other 4 might keep Roberts out of wingnutland as he gets older and starts to care less about why he was appointed to the court in the first place.

  48. 48.

    trollhattan

    June 28, 2012 at 3:21 pm

    @EconWatcher:

    The pre-interview video a couple months ago of Hannity and Willard chatting horses and other rich-people shit was a real tell.

    I do think he’s dumb as a rock but that doesn’t mean he’s not mostly spitting out programmed talking yelling points when on air. What he is, is a rich media guy, you know, just like those liebrul Hollywood types he’s always attacking.

  49. 49.

    Roger Moore

    June 28, 2012 at 3:21 pm

    @MikeJ:

    I wholeheartedly support this. Let’s replace him with Bill Clinton.

    Brilliant plan. After Scalia’s and Thomas’s heart attacks, we’ll have space for two more appointments!

  50. 50.

    Redshift

    June 28, 2012 at 3:22 pm

    Over at Maddowblog, they refer to the pattern of describing things they’re against in the scariest term possible as “Infoxification.” There are periodic contests to take a garden-variety news article and write an Infoxified headline for it, and some of them are pretty funny. The performances in this thread are better, though!

  51. 51.

    MattR

    June 28, 2012 at 3:23 pm

    @JPL:

    The Federal Government is willing to pay up to 90 percent to expand the coverage for the poor. States can refuse the additional money but still keep the original contract. They just won’t get extra funds.

    Right. This is the result of the ruling. But I don’t understand the logic behind it. Why exactly could Congress not force the states to expand their program or get zero Medicaid dollars from the federal government?

  52. 52.

    Barry

    June 28, 2012 at 3:26 pm

    “Another change that will eventually go into effect is the government’s ability to seize your medical records.”

    Already done. See ‘Patriot Act’.

  53. 53.

    NCSteve

    June 28, 2012 at 3:26 pm

    @Chris: About that “this is why the USSR fell” thing? That’s a statement so beautiful in both its truth and its brevity, I’m stealing it.

    @MattR: re the Medicaid ruling–they held that Congress could withhold new funding if they didn’t participate in the expansion, but not the old funding, basically salvaging the Medicaid expansion by making it voluntary rather than mandatory.

    Longer term, the decision could be a problem. Doing precisely this, fore example–threatening to cut off highway funds–is how Congress got some of the loony west “Freedum! Wolverieeeeenes!” states to raise the drinking age to 21. However, given that Kagan and Breyer signed on to that part, I expect a lot of litigation in the future over whether a new condition is so totally rad that it’s “truly coercive” to make states do it if they want their money rather than a blanket rule that any new condition for continued funding an existing program is ipso facto impermissible as coercive. Certainly, they can’t be saying that once the feds turn the money spigot on, they can never turn it off.

  54. 54.

    Tonal Crow

    June 28, 2012 at 3:28 pm

    @Barry:

    “Another change that will eventually go into effect is the government’s ability to seize your medical records.”

    Already done. See ‘Patriot Act’.

    But but but but but that’s to keep terrerists and lieberals from infiltratin’ owr precious precious oh my precious bodily flu-ids!

  55. 55.

    Triassic Sands

    June 28, 2012 at 3:29 pm

    @NonyNony:

    Yes, but imagine how mortified Roberts will be if the greatest legal mind in the history of legal minds (in his own mind at least) won’t talk to him.

    Imagine how you’d feel in Socrates refused to talk to you. Why it would be like Martin Luther being snubbed by Jesus.

    Seriously, it would be great if there were a serious personal split on the conservative radical side. But I doubt if Kennedy would hold a personal grudge against Roberts because of this decision. After all, Kennedy has filled that role a number of times. Alito? He’s a partisan hack, but would he ignore the Chief? I doubt it. Thomas? I don’t know, does he ever talk to anyone under any circumstances? (I guess he must talk to his clerks; unless he communicates with notes or grunts and scowls.)

    Scalia is the Bully. He’s the guy with the runaway ego; the guy who expects the others to follow his lead because of his radiant brilliance. I view Scalia as a petty, small-minded shit. If he would refuse to talk to me, I would consider it a reason to party.

  56. 56.

    Culture of Truth

    June 28, 2012 at 3:29 pm

    @MattR: Because when Medicaid was established it created a binding contract betwen the states and the government, and Congress can’t use its spending power to make states act, that is, coerce them, in a way Congress could not without the spending power.

  57. 57.

    Redshift

    June 28, 2012 at 3:29 pm

    @comrade scott’s agenda of rage:

    Highly unlikely. He’s on the court because he’s a corporatist and will defend bidness rights till the end timeez. The ACA is another potential windfall for the insurance companies so he voted the way his previous votes on such issues indicated he would.

    I agree that being a pure corporatist explains why he voted to uphold the mandate, but I don’t think it explains the whole decision. Striking down the whole thing (including the premium-ratio restrictions) would have arguably been better for the insurance companies, and he had four justices who were willing to kill it all basically just because they didn’t like it.

    So I think there’s something to the image and legacy argument. It may have limited his willingness to be a complete hack, and once that was out, to be corporatist, the mandate had to stay.

  58. 58.

    EconWatcher

    June 28, 2012 at 3:30 pm

    By the way, you know who would make great drinking buddies? Sean Hannity and John Edwards.

    I had the same visceral reaction to both of those guys the first time I saw each of them. For each, I thought: Isn’t it completely obvious to everyone that that this guy’s a fraud and an a$$#ole?

  59. 59.

    Sawgrass Stan

    June 28, 2012 at 3:30 pm

    Fox News was on in my doctor’s office this afternoon, with one statement of Repub outrage after another crawling on the bottom. “Balance” was served by quoting Harry Reid, but that was it.
    The best part was the commentary, with guest experts Michael Mukasey (sp?) and Guido Corleo… uh Alberto Gonzales. No Democrats or former Democrat AG’s but Megan Kelly defended the liberal viewpoint. Well, probably– the sound was turned down.
    Fair Unbalanced.

  60. 60.

    rlrr

    June 28, 2012 at 3:31 pm

    @ericblair:

    And if successful, Obama gets to nominate the new Chief Justice. I don’t think the tea-baggers have thought this through…

  61. 61.

    Punchy

    June 28, 2012 at 3:31 pm

    @David Koch: Link?

  62. 62.

    JGabriel

    June 28, 2012 at 3:33 pm

    __
    __
    Buzzfeed:

    Ann Coulter prophesied the coming split between Chief Justice Roberts and conservatives back in 2005 … Coulter titled the post “SOUTER IN ROBERTS’ CLOTHING” and attacked Roberts for having defended children on welfare during his time as a lawyer.

    Defending poor & helpless children is anti-Conservative. I knew that, I just didn’t know conservatives were so willing to admit it.

    I keep wondering when the day will come that some Conservative/Republican pundit attacks someone for defending puppies from being kicked.

    .

  63. 63.

    Steve in DC

    June 28, 2012 at 3:35 pm

    @Triassic Sands:

    Roberts actually did a TON of fucking damage to the left here though. It’s in the wording, he went directly after the commerce clause and rolled it back fairly well, that’s extremely dangerous. Keep in mind that Roberts and many of the other smart conservatives are all about playing the long game.

    Is Alito going to be furious about losing the battle and ignore the devastating blow struck against the left via the commerce clause? Who the fuck knows.

  64. 64.

    Brachiator

    June 28, 2012 at 3:36 pm

    @Chris:

    That’s what made the Soviets Bush/Cheney regime crash and burn – years and years of economic reports and everything else being falsified again and again so many times that in the end no one could find their way back to the truth no matter how hard they tried.

    Fixed.

  65. 65.

    elftx

    June 28, 2012 at 3:38 pm

    In some respects this law seems to regulate the insurance companies..not unlike other regulations.

    Just too bad they never declared themselves banks.

    And comments even on Calculated Risk are surprising to me..all “goodbye 10th amendment”…”there goes more of our freedoms”…from people I thought had a clue.

  66. 66.

    beltane

    June 28, 2012 at 3:38 pm

    @JGabriel:

    I keep wondering when the day will come that some Conservative/Republican pundit attacks someone for defending puppies from being kicked.

    This happened in Missouri already. The wingnuts opposed a anti-puppy mill law on the grounds that it was an attack on their freedom to mistreat animals.

    Also, for your schadenfreude pleasure, here is a collection of quotes from today’s wingnut meltdown http://wonkette.com/476764/a-childrens-treasury-of-wingnut-obamacare-freakouts

  67. 67.

    Redshift

    June 28, 2012 at 3:39 pm

    @MattR: I don’t understand it either. There was some wingnut “think” tank guy on NPR yesterday, explaining that yes, the federal government can have rules for what you do with the money they give states, if it’s such a big thing that the states effectively have “no choice,” and the feds are “blackmailing” them, then it shouldn’t be allowed. And he went on to talk about how Medicaid was so big that a state taking it over would cripple the state budget, so they really didn’t have any choice.

    It was completely nonsensical. The entire argument rested on the idea that the states really have no choice but to provide an equivalent to Medicaid, so they have no choice but to take Medicaid money, but if they would have to implement Medicaid anyway, then by any sane logic the federal rules aren’t forcing them to implement it. And if they don’t have to implement it (i.e., if they can just opt out and be a conservative paradise where poor people just died in the streets), then the argument that they have no choice is obviously false.

    Needless to say, the NPR host was not so impolite as to even notice that the emperor had no clothes.

  68. 68.

    Mike in NC

    June 28, 2012 at 3:39 pm

    “You pay the penalty and if you don’t pay the fine, you risk jail,” Dr. Elizabeth Vliet, founder of HER Place: Health Enhancement Renewal for Women, Inc. in Tucson, Ariz., told FoxNews.com.

    Again, Arizona. WTF is in the water?

  69. 69.

    chopper

    June 28, 2012 at 3:40 pm

    @Steve in DC:

    not really. despite the fact that the majority opinion on the commerce clause is dicta, it certainly is laying the groundwork for challenges against an overly-broad scope regarding the clause. OTOH, the majority arguments limiting the clause really do focus on the fact that the mandate, under the commerce clause, would be a regulation of a non-activity which apparently was a bridge too far.

    this opinion doesn’t limit the commerce clause as much as everyone seems to think it does.

  70. 70.

    NonyNony

    June 28, 2012 at 3:42 pm

    @rlrr:

    And if successful, Obama gets to nominate the new Chief Justice. I don’t think the tea-baggers have thought this through…

    Please. For them calling for “impeachment” of an official is like calling a law “unconstitutional”. It doesn’t mean that there’s any real reason for it, it just means “I don’t like it therefore it should be illegal.”

    I’m sure they’re calling for his impeachment, but I doubt anyone has anything to actually charge him with – they just want to vent their anger.

  71. 71.

    EconWatcher

    June 28, 2012 at 3:42 pm

    @elftx:

    I haven’t spent a lot of time in the comments section of Calculated Risk, but the general tone there seemed to be set by greedy, glibertarian trader types. Now Bill McBride, the owner of the site, seems like a fine, courtly, public-spirited gentleman. But his commenters strike me as mostly rapacious rogues, who nevertheless do have some respect for facts and reality (unlike true wignnuts).

  72. 72.

    comrade scott's agenda of rage

    June 28, 2012 at 3:43 pm

    @Redshift:

    So I think there’s something to the image and legacy argument. It may have limited his willingness to be a complete hack, and once that was out, to be corporatist, the mandate had to stay.

    That was pretty much Charlie Pierce’s take on it, ie., a Chief Justice can only “afford” one ‘Dred Scott’ decision per tenure as Chief Justice and that type of decision in this case was Citizens United. I fear Charlie underestimates the damage this court can do.

    Anyway, in an interesting “what if”, I wonder how the vote would have gone had O’Connor still been on the Court. Would Roberts have still been swayed by the “tax reason”? Would Sandra Baby have sided with the “liberal” wing? I think it wouldn’t have been the close run thing.

  73. 73.

    Steve in DC

    June 28, 2012 at 3:43 pm

    @JGabriel:

    It’s just generic welfare rage. There is a certain wingnut view where welfare pays more than actually working would and thus lazy people sit on their ass and pump out kids to suck money from the government and raise their kids to do the same.

    Now this does actually happen, but the reason it happens is because of conservative/neoliberal economic policies keep driving down the payment for labor intensive jobs to the point where you can’t actually support yourself off the minimum wage without government assistance and the utter destruction of low skilled jobs.

    You’d get people off the government dole if you actually you know… paid people a living wage and reduced income inequality… but of course it’s always “damn it I have a graduate degree I should be rewarded for it, that janitor bastard had his chance we should pay him less so I can be paid more”.

    We’re getting closer and closer to Victorian England where beating up on the poor was a national past time.

  74. 74.

    MattR

    June 28, 2012 at 3:43 pm

    @Culture of Truth: Is that binding contract something unique to Medicaid?

    I understand the argument against coercion, I just don’t understand how/where they draw the line. Why was it constitutional to cut highway funds for any state that did not raise the drinking age to 21 but unconstitutional to cut Medicaid funds to states who opposed the exapnsion? Is there a magic percentage where it converts from pressure to coercion?

  75. 75.

    Culture of Truth

    June 28, 2012 at 3:44 pm

    The entire argument rested on the idea that the states really have no choice but to provide an equivalent to Medicaid, so they have no choice but to take Medicaid money, but if they would have to implement Medicaid anyway, then by any sane logic the federal rules aren’t forcing them to implement it.

    Yes but the ACA expands Medicaid, and forces states to go along or risk losing ALL their funding.

  76. 76.

    Culture of Truth

    June 28, 2012 at 3:46 pm

    @MattR: Here is your answer regarding magic %

    “We have no need to fix a line either. It is enough for today that wherever that line may be, this statute is surely beyond it.”

  77. 77.

    flukebucket

    June 28, 2012 at 3:47 pm

    Commenter over at TPM makes a good point

    This is just one more example of Obama showing backbone when he pressed for the Supreme Court to take up Obamacare now instead of waiting till after the election. It could have been devastating but he rolled the dice, like he did with bin Laden. And once again, we are reminded that Romney the spineless wimp would never have done it. He urged Obama to include an individual mandate back in 2009 then flip flopped on it when he saw how outraged the baggers were. Obama is a winner and Romney is once again a sad joke.

    Obama is a gutsy fucker.

  78. 78.

    Steve in DC

    June 28, 2012 at 3:48 pm

    @Culture of Truth:

    Pretty sure they ruled that it doesn’t do that now. They can lose the new funding, but not the old funding.

  79. 79.

    MattR

    June 28, 2012 at 3:49 pm

    @Culture of Truth: Thanks.

    @J. Michael Neal:

    Or the justices could just be pulling things from their ass.

    Surely you jest. They would never do that.

  80. 80.

    J. Michael Neal

    June 28, 2012 at 3:50 pm

    @MattR: I’d have to do more research than I intend to to actually know whether this is true, but one I can think of that it would be possible is if highway funds explicitly have to be renewed. Is it a continuing program, or is each transportation bill considered to be a new instance of providing highway funds? If it’s the latter, making acceptance contingent on accepting new rules might not invalidate the prior contract.

    Or the justices could just be pulling things from their ass.

  81. 81.

    SatanicPanic

    June 28, 2012 at 3:53 pm

    @flukebucket: I don’t want to jinx the guy, but the more I see of him the more impressive he looks. Best president of my lifetime by far.

  82. 82.

    Bulworth

    June 28, 2012 at 3:53 pm

    Massive national medical database….jail for not having insurance….massive tax hikes on middle class….IRS….DERP….Somebody else will get coverage now….Medicare cuts…costs going up…DERP…

  83. 83.

    General Stuck

    June 28, 2012 at 3:55 pm

    The sweet taste of wingnut tears

    [quote]@sarahpalinusa Sarah Palin, former Alaska governor Obama lied to the American people. Again. He said it wasn’t a tax. Obama lies; freedom dies. [/quote]

  84. 84.

    James E. Powell

    June 28, 2012 at 3:55 pm

    The volume and temperature of the right-wing responses tell me that they did not expect to lose this one. I wonder why they were so confident?

  85. 85.

    JPL

    June 28, 2012 at 3:58 pm

    @MattR: Don’t throw out the baby with the bathwater. Roberts is trying to limit social welfare so we have to hope that a conservative goes hunting with Cheney and also, too Obama wins.

  86. 86.

    JPL

    June 28, 2012 at 3:59 pm

    @MattR: Don’t throw out the baby with the bathwater. Roberts is trying to limit social welfare so we have to hope that a conservative goes hunting with Cheney and also, too Obama wins.

  87. 87.

    Brachiator

    June 28, 2012 at 3:59 pm

    @NonyNony:

    I’m sure they’re calling for his impeachment, but I doubt anyone has anything to actually charge him with – they just want to vent their anger.

    And, as always, Mitt Romney just can’t help but stumble over his own past fumbles. From a yahoo news story.

    Amid speculation there could be upcoming vacancies on the Supreme Court, the Romney campaign has repeatedly said the GOP nominee would nominate a judge in the “mold of Chief Justice Roberts.” Asked if Romney’s view had changed after today’s ruling, the campaign did not immediately respond.

    Can we pre-impeach Romney, just in case he somehow gets elected?

    This story also notes that the angry, energized wingnut base are reaching into their wallets:

    In the hours after the Supreme Court ruling, Romney aides were quick to tout a spike in fundraising. According to the campaign, more than $300,000 rolled into the Romney Victory Fund within the first 90 minutes after the ruling. A spokeswoman said the money was raised “organically” and not through a specific fundraising plea.

    Organic campaign funds. Who knew?

  88. 88.

    SatanicPanic

    June 28, 2012 at 3:59 pm

    @James E. Powell: FOX News!

  89. 89.

    Roger Moore

    June 28, 2012 at 4:00 pm

    @James E. Powell:

    I wonder why they were so confident?

    Because they thought they had stacked the deck adequately. Also, too, they thought bragging about how badly this was going to hurt the Democrats would win them a few news cycles, while forgetting how much it would hurt them if their predictions of victory didn’t come through.

  90. 90.

    Chris

    June 28, 2012 at 4:01 pm

    @James E. Powell:

    “””The volume and temperature of the right-wing responses tell me that they did not expect to lose this one. I wonder why they were so confident?”””

    For whatever reason, the buzz out of the media for the last few weeks has been that this was definitely the end of health care, so I’m sure that helped.

  91. 91.

    jurassicpork

    June 28, 2012 at 4:01 pm

    The wingnut reactions today on the SCOTUS’s ACA ruling were so, well, fast and furious that it inspired me to write my first Assclowns of the Week in almost a year. Actually, there were so many candidates to choose from, it’s been renamed Assclowns of the Day #89: Keep Your Gubmint Hands off My High Pre’mums and Deductible! edition.

  92. 92.

    General Stuck

    June 28, 2012 at 4:03 pm

    “As president, Mitt will nominate judges in the mold of Chief Justice Roberts…”

    — MittRomney.com, as found by Andrew Sullivan.

    http://politicalwire.com/archives/2012/06/28/extra_bonus_quote_of_the_day.html

  93. 93.

    ericblair

    June 28, 2012 at 4:04 pm

    @James E. Powell:

    I wonder why they were so confident?

    Because they’ve constructed a large, highly efficient, impermeable echo chamber that amplifies and distributes any sort of half-assed brainfart in the wingerdome as long as it conforms to whatever passes for acceptable discourse that day. Some asshole made some shit up about knowing what SCOTUS was going to do, it conformed to winger prejudices, so was bounced around the gooposphere as received wisdom. Now they got their toy taken away and They Won’t. Stand. For. It.

  94. 94.

    Culture of Truth

    June 28, 2012 at 4:04 pm

    @Steve in DC: Yes, as of today.

  95. 95.

    joes527

    June 28, 2012 at 4:05 pm

    @NonyNony: Where are you going to hear the cries of the ‘baggers somewhere that isn’t a total swamppit?

  96. 96.

    flukebucket

    June 28, 2012 at 4:07 pm

    @SatanicPanic:

    Best president of my lifetime by far.

    Without a doubt. I agree. And Eisenhower was running things when I got here.

    I just started rereading “Dreams From My Father” and it is such a wonderful book. So well written and so enlightening. I laughed out loud when I realized the Obama makes mention of his birth certificate in the first chapter.

    It makes me sad that more people have not read the book. Anybody who reads that book and comes away with the idea that Obama was going govern any differently than he is governing is beyond me.

  97. 97.

    Arclite

    June 28, 2012 at 4:12 pm

    A national medical database would be a concern if it gave insurance companies more chances to rifle through your deep history to find some excuse to deny your application or cut your support off after the fact. Those things are kind of evil, but the new law makes rescission and pre-existing condition denials illegal.

    Is it possible they will create a defacto rescission through high premiums? “OH, you have cancer I see. You’re monthly fee is $3000 / month”

  98. 98.

    Redshift

    June 28, 2012 at 4:12 pm

    @Culture of Truth:

    Yes but the ACA expands Medicaid, and forces states to go along or risk losing ALL their funding.

    Well, from the way this guy was talking, he seemed to indicate that it was some kind of general wingnut principle, not just about this specific case.

    But even so, I don’t see how that makes it make any more sense. If losing existing Medicaid funding was the unacceptable trigger, you could just as well argue that the feds can’t put any additional rules on Medicaid, because they would be “forcing” the states to accept them with the threat of losing their Medicaid funding.

    The fact is, the states are never forced; they always have the choice of refusing the federal money and not implementing the programs it funds. It may be really bad for the state, or it may be politically impossible, but that’s not the same thing as having no choice at all.

    I’ll have to look up some legal analysis, because I don’t see any way this makes any sense, but since it wasn’t a Scalia opinion, there must be some legal basis for it.

  99. 99.

    Chris

    June 28, 2012 at 4:13 pm

    @SatanicPanic:

    “””Best president of my lifetime by far.”””

    I’ve got a short lifetime (1987 – present), but I’d have to agree. Not that there’s much competition, only from Clinton.

    @flukebucket:

    “””And Eisenhower was running things when I got here.”””

    Going off of your lifetime, I think I’d probably give LBJ the medal – Civil Rights Act, Voting Rights Act, Medicare and Medicaid is more than we’d gotten at any time since Roosevelt and more than we’ve had since. Of course, he had a different political system to work with, and it’s always hard to know exactly how much credit goes to the president.

    But anyway, bottom line – Obama => good president. I agree.

  100. 100.

    Omnes Omnibus

    June 28, 2012 at 4:14 pm

    @Steve in DC: No, really, he didn’t. As noted above, it was dicta. Also, it isn’t really a surprise to anyone that the Justices on the right have a less expansive view of the Commerce Clause than the others. Roberts talked about the fact that the CC gives very broad powers to Congress and did not challenge that authority. He cited Wickard and suggested that it was about as far as one could legitimately go. IOW, nice try at fearmongering.

  101. 101.

    EconWatcher

    June 28, 2012 at 4:16 pm

    @Chris:

    Unfortunately, 55,000 dead Americans and about a million dead Vietnamese hang over the legacy of Johnson. Obama will go down better in history than LBJ, despite LBJ’s enormous achievements in civil rights. [Yes, I realize that some of these deaths were under Nixon, but Johnson got us in good and deep, to the point where it would have been difficult for any president to extricate quickly.]

  102. 102.

    JGabriel

    June 28, 2012 at 4:22 pm

    __
    __
    Via Wonkette, this comment on Romney’s response to the SC PPACA decision from RedState is priceless:

    I don’t have high hopes for [Romney]. I have a sick feeling in the pit of my stomach after watching his weak response. Imagine what Perry’s response would have been.

    Yes, imagine (JGabriel stares off into space as screen turns wavy and morphs into Rick Perry at a podium):

    I’ll tell you what I think. There are three things: First, John Roberts better not show his face in Texas ’cause we might do somethin’ ugly! Second … I, uh … Sorry, I don’t remember. Oops.

    .

  103. 103.

    EconWatcher

    June 28, 2012 at 4:25 pm

    @Omnes Omnibus:

    Yes, I’m amused by the efforts of some concern trolls to find a dark cloud here. This was as clear a win as could be imagined or hoped for.

    Some musings in dicta about the limits of the Commerce Clause don’t matter. The only reason the commerce clause even came into play was because the bill’s drafters wanted to avoid the word “tax,” when they were obviously creating an obviously permissible tax (and a potential credit).

    The resulting bill actually was kind of funky as an application of the commerce clause, and was distinguishable from most New Deal and Great Society legislation that rest on the commerce power rather than the taxing power. So I don’t see any big danger for existing legislation

  104. 104.

    katie5

    June 28, 2012 at 4:25 pm

    My wing-nut friend went crazy today, hating on all branches of government and spinning apocalyptic outcomes.

  105. 105.

    Valdivia

    June 28, 2012 at 4:28 pm

    @EconWatcher:

    Exactly! can we just take the win and be happy?

    Winners look like winners no matter what CNN says. This is not good news for Romney.

  106. 106.

    SatanicPanic

    June 28, 2012 at 4:28 pm

    @flukebucket: That book was a great read. He comes off as really smart, really thoughtful. I’m still surprised at how well he’s done his job though. He’s really driving the agenda in a way that a guy like Clinton never did.

  107. 107.

    JGabriel

    June 28, 2012 at 4:29 pm

    EconWatcher:

    Some musings in dicta about the limits of the Commerce Clause don’t matter.

    Yeah, I don’t really see how the so-called limits on the Commerce Clause have any precedential value going forward. I could be wrong, I’m not a lawyer, but it looks too damn narrow to be useful for future citing.

    .

  108. 108.

    piratedan

    June 28, 2012 at 4:30 pm

    I’m guessing this is a real good time to re-purpose those America, Love it or leave it! bumper stickers

  109. 109.

    chopper

    June 28, 2012 at 4:37 pm

    @flukebucket:

    Obama is a gutsy fucker.

    whereas mittens is a goatsey fucker.

  110. 110.

    stratplayer

    June 28, 2012 at 4:47 pm

    @Omnes Omnibus: I concur, and I’m starting to get a bit annoyed with all the doomsayers determined to find defeat in this great victory. If Roberts really wanted to completely gut the Commerce Clause power and restore Lochner he’d have gone for the kill in this instance. He had the chance to destroy the Commerce Clause and get rid of the hated ACA in one fell swoop, and refused to take it. His ruling was conservative in the best sense of the word.

  111. 111.

    dr. bloor

    June 28, 2012 at 4:48 pm

    @EconWatcher: Basically way too soon to make the call. Obama figures to have plenty of opportunities to screw up foreign policy and extend his record on individual liberties during a second term.

  112. 112.

    bemused

    June 28, 2012 at 5:02 pm

    Media Matters has video of O’Reilly saying last March if he was wrong about ADA being overturned, he would apologize. I wouldn’t hold my breath.

  113. 113.

    Villago Delenda Est

    June 28, 2012 at 5:58 pm

    @bemused:

    O’Reilly is a dishonorable cur. There’s no way he’d apologize for anything like that. There are too many examples in the past where his powers of clairvoyance have been found to be, um, UTTER FAIL.

  114. 114.

    Jay in Oregon

    June 28, 2012 at 6:13 pm

    @bemused:

    I wouldn’t trust BillO to apologize even if he’d made that statement last night.

  115. 115.

    Sideshow Bill

    June 28, 2012 at 6:20 pm

    @Triassic Sands:

    But based on reporting (laughter) like the Fox News trash you’ve described above, maybe the celebrations can be turned into wakes and all that alcohol won’t be left unconsumed.

    You’re assuming they drink. Jesus didn’t drink any of that wine he made!!

  116. 116.

    OzoneR

    June 28, 2012 at 7:02 pm

    If Obama would use the bully pulpit, Fox News wouldn’t lie.

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