Republicans coined the name Obamacare in an attempt to destroy the legislation, but that didn’t work – as we can see from the news from David Anderson about North Carolina today – and forever more the name Obamacare will make clear just which side and which president brought us the Affordable Care Act.
But that’s not the poetic justice I am referring to.
Big news: a judge just blocked Wyoming's abortion ban.
Why? Because of language that *conservatives* put in the WY constitution last decade to enshrine health care choice… as their way to attack Obamacare.@yeargain had explained that twist last week: https://t.co/WDa4X1C4l3
— Taniel (@Taniel) March 23, 2023
Yep, these conservative assholes added amendments to their state constitutions to affirm broad rights for people to choose their health care. (Translation: you’re not the boss of me and you can’t force Obamacare on us.) And now it’s backfiring!
A decade ago, when conservatives were attacking President Barack Obama’s Affordable Care Act as government encroachment in health care, they worked to amend state constitutions around the country to affirm a broad right for people to control their own medical decisions.
Now, in 2023 with the benefit of hindsight – when they are removing the right of self-determination for women – legislating the right of every fucking competent adult to make their own health care decisions doesn’t look like such a good idea!
hahahahaha! Consequences, bitches!
“Each competent adult shall have the right to make his or her own health care decisions,” reads section 38(a) of the Wyoming constitution’s Declaration of Rights, under the header “Right of healthcare access.” The provision was placed on Wyoming’s ballot by state lawmakers and approved by voters in 2012; voters saw ballot language that described the measure as preserving this right “from undue governmental infringement.”
Now these anti-ACA provisions—and their broad affirmations of a right to decide—have turned into an unlikely weapon in progressives’ fight against restrictions on abortion.
Reproductive rights advocates in Wyoming have sued to strike down the state’s abortion ban, saying that this “right to make . . . health care decisions” protects abortion access. A lawsuit in Ohio has made the same case using a similar provision in Ohio’s constitution that was adopted by voters in 2011.
“If you have an amendment that says you have the freedom to choose your health care, then that’s going to apply to all health care: that’s the argument being made,” says David Cohen, a professor of law at Drexel University who studies constitutions and abortion. “It’s like, ‘you used broad words, and these broad words have certain meanings, and we’re just applying those meanings to this context.’”
In both Ohio and Wyoming, these claims have seen early success in courts.
I hope this bites them in the ass in every state where they did something like this.
I guess the Tea Party was not entirely useless. Can’t wait for the day when the Republican Party completely loses all Big Business.
Outstanding. Buncha fascists dangling from their petards.
Obviously, when conservatives say “each competent adult,” they aren’t thinking about women.
ETA: “his or her” notwithstanding.
That is absolutely amazing.
So I guess Wyoming Republicans will have to try amending their state Constitution again. I don’t know what the process is, but it could be a tough fight
Too bad! So sad! Hopefully their health insurance covers butthurt!
IIRC, there is something called “The Law of Unintended Consequences”, also known as “be careful what you wish for” because it might turn around and bite you in the ass.
“I never thought the leopard would bite my ass.”
This makes my day!
OT – basketball returns at 6:30 Eastern.
🎶 Basketball Jones, I got a Basketball Jones
Got a Basketball Jones, oh baby, oo-oo-ooo🎶
So nice to see handsome Barack Obama, beautiful and happy Nancy Pelosi, and especially Harry Reid. And the kid looking all spiffy and grown up in his white shirt and vest, with his hands in his pockets.
@NotMax: LMAO! Well done.
Does the constitutional provision define “health care”?
Bites them in the ass my ass. Since most of them are white male nitwits, I hope it bites their balls clean off.
Nonwhite males have balls too.
No, it’s simpler than that. They’ll simply (legislatively) define abortion as “not health care,” so no constitutional amendment will be required.
Their reasoning on this is not impressing the judge in this case, but this will definitely be appealed. A higher court might be more sympathetic and decide that they can get away with this, all evidence to the contrary notwithstanding.
(Edited for clarity.)
From the Wikipedia: “Hoist with his own petard” is a phrase from a speech in William Shakespeare‘s play Hamlet that has become proverbial. The phrase’s meaning is that a bomb-maker is blown (“hoist”) off the ground by his own bomb (a “petard” is a small explosive device), and indicates an ironic reversal, or poetic justice.
The real irony is that Obamacare had no effect on anyone’s right to make their own health care decisions.
Well, to be overly pedantic, that’s not entirely true. The ACA eliminated some really horrible “insurance” policies from the marketplace, the cheap ones that didn’t really cover anything.
Remember all that brouhaha about how “If you like your health care plan, you can keep it” was “the lie of the year?”
(Edited to correct the Obama quote.)
@Baud: As I recall, one of their favorite scare tactics was to say that under Obamacare you wouldn’t be able to choose your doctor. Another was the imaginary terror of death panels, where a sinister committee would make decisions about withholding care. Lack of personal choice was sort of their theme song, and I suppose these amendments were a way to follow through to get extra political points without fundamentally changing anything.
@Geminid: I read something earlier today that said they are now going to amend the amendment to say abortion is not healthcare.
It affected the insurance policies that were available to purchase. The WY constitution doesn’t mention that.
So if abortion is not healthcare, what is it?
It’s not manufacturing or construction or bookkeeping, is it?
Gin & Tonic
@citizen dave: Death, taxes, and somebody on B-J correcting the misuse of that phrase.
@stacib: My guess is that the amendment will have to pass in the legislature and again in a referendum.
They have massive supermajorities. I suspect they will just amend the constitution to say that abortion care is not included in those other rights to self determination. They already intend it.
ETA. not exactly first with this idea.
I think the tack they will take is that abortion is murder, not healthcare. I’ve heard that angle a lot.
@Geminid: From the report, it sounds like last time they had to put the amendment on the ballot. Republicans have generally been squirming to avoid that, since the Kansas vote went so firmly pro-choice.
EDIT: I would guess they’d even have problems with an amendment saying abortion is not health care.
Gin & Tonic
A concern that could only be voiced by someone who has never had to deal with a health insurer on a complex issue.
@smith: Like that wasn’t already happening all the time back then? At least now you don’t get penalized for having a pre-existing condition.
@Geminid: Doe it require a referendum in WY? I think in several red states the Rs have been surprised when something like this has been posed in a referendum.
@Gin & Tonic: inorite? I’m now dealing with (9 months later) an insurance company that knows better than my surgeon what is warranted for my post-surgical care.
@smith: I do not know Wyomings’s process, but it seems likely that a ballot measure is part of it. It is in Virginia at least
Kansas’s ballot measure surprised everyone last June. That’s what makes me think Wyoming Republicans may have a tough fight.
Article 20 of the Wyoming Constitution defines the two ways it can be amended.
Section 1 lays out the process of a legislatively referred constitutional amendment.
Either branch of the Wyoming State Legislature can propose amendments.
Regardless of where the amendment originated, two-thirds of all the members of each of the two houses, voting separately, have to agree to put it on the ballot for a vote of the state’s electors.
Any proposed amendments that receive a two-thirds (66.67%) vote of both chambers are to go on the ballot at the next general election.
The proposed amendment must be published for at least 12 consecutive weeks, prior to a vote being held on it “in at least one newspaper of general circulation.”
To be enacted, the amendment must be approved by a majority of the electors.
If more than one amendment is proposed, they are to be voted on separately.
@mrmoshpotato: As is my long standing tradition I’ll be heading over to Mom’s house for some March Madness. She loves her TV sports.
It forced people to have employer health insurance, Medicare, Medicaid, or (gasp!) buy ACA compliant plans or face a financial penalty.
Which is exactly the situation we have today, where GOP politicians make decisions about deadly pregnancies.
@PaulB: Sounds like it would need a statewide vote then, not something the lege could do by itself. Not only were the R’s surprised by Kansas and abortion, but I’m guessing they also didn’t expect MO voters to approve Medicaid expansion. I think statewide votes on things like this may be increasingly dicey for them, as you don’t have the distorting effects of gerrymandering as you do in legislative elections.
God, look at baby Obama there. Time fucking flies…
First They shoved Socialist Obamacare down our throats, and now They’re shoving Baby-Killing down our throats! Also something something Drag Queens!
When oh when will we have the Freedom™ to deny other people the choice to have what we don’t want for ourselves?
@Baud: True — it forces them to focus on the question at hand, rather than party labels and tribal affiliations.
Something, something… petard?
Elsewhere, entertainer/rapper Afroman was the subject of a search warrant by the Adams County Sheriff’s Department and used the footage from the raid to make a series of absolutely hilarious songs. Now the cops are suing because their feelings are hurt because they are incompetent fucks.
Now I want some lemon pound cake.
OMGWY. I’m declaring it Friday on such great news. You all know what to do.
There’s an easy reason for the clusterfuck; never in their wildest imaginations did they ever think that there would be enough assholes on the court to overturn Roe. Complete failure of all their crystal balls.
Almost ensuring at least two Trump indictments drop tomorrow.
@HumboldtBlue: They probably heard he got high…
@Gin & Tonic: Dang, I see it now at #2. Honestly I wasn’t meaning to correct anyone–and the wiki article goes on to discuss modern variations. It was just the thing that occurred to me (as I learned it from a Tom Waits song or stage banter–can’t recall which), so I looked it up.
Ha Ha. There’s a significant advantage to having fascist enemies who are complete idiots.
I remember when a lot of people used to tut tut at the idea of someone on the left calling it Obamacare, because they were worried about the optics of it, as opposed to the more neutral ACA.
I always thought that was dumb, because tying a popular President (and by extension, the President’s party) to popular legislation is a good thing. Glad to see those objections have faded.
I am not holding my breath on Ohio followimg suit, what with the Right To Life whackjobs we just voted onto Ohio Supreme in the last election.
It does kind of highlight a larger trend away from freedom on the part of the GOP. Not so long ago they were yelping about free speech–now they’re outright banning books.
@HumboldtBlue: Why on earth is he living with his family in Adams County? I know they should be allowed to live anywhere, and Adams County is on the Ohio River and hilly and beautiful, but it is as rural white as anywhere in Ohio. And he has no ties to it. Counties like that don’t even accept unknown white people who move in
ETA I suppose beautiful farms there are very affordable and Cincinnati is not that far away.
@Baud: Details, details!
You have questions I have no answers for.
@citizen dave: Colloquially, lifted by his own fart.
It wasn’t that long ago that a bunch of wanker intellectuals were claiming that the GOP was better on free speech because they hated campaign finance laws.
Maybe he went to live with his uncle because he got in a fight with a couple of guys who were up to no good in his West Philadelphia neighborhood.
This be comedy, right?
Russia recruits Steven Seagal to teach marshal arts to its soldiers.
Hoo-boy, is now the knees is slapping!
They’re running out of weapons.
@trollhattan: I can’t tell anymore!
I remember what Obama himself once said about the Republicans’ coinage “Obamacare”. He said, “Damn right, I care!”
Sister Golden Bear
I can only hope this protects trans healthcare as well. And that other Republican states implemented similar changes to their constitutions.
Step 1: Pin on badge. Carefully, because the pointy bit is sharp.
@Sister Golden Bear: Good point.
@Amir Khalid: I had forgotten that!
@trollhattan: Ukranian soldiers better stock up on shin pads to protect from those high kicks Russians recruits will be trained to do
You left out the VA as a provider.
Mai Naem mobile
I bet constitutional law professor Barack Obama had a big laugh seeing this. Wondering when time machine Obama will appear in the fevered conspiracy theories of right wing whackjobs who will say he intended to do this.
Paul in KY
@PaulB: I hope they can’t do that. I don’t see how you can legally (via a legislative body) determine what is or is not healthcare. Could they theoretically say any procedure to do with one’s heart is not healthcare?
God help us all if they have that power.