Topic: General

The ACA Is Dead — Long Live ObamaCare

My first, but not remotely my last, oped on the Supreme Court’s ruling in King v. Burwell appears in today’s Washington Examiner. Excerpt:

Obamacare supporters are mistaken if they think the Supreme Court’s King v. Burwell ruling settles the issue. Even in defeat, King threatens Obamacare’s survival, because it exposes Obamacare as an illegitimate law…

By overriding the operative language of the statute, the Supreme Court colluded with the president to impose taxes and entitlements that no Congress ever approved; to deprive states of powers Congress granted them to block parts of the ACA; and to disenfranchise Republican and independent voters who swept ACA opponents into state office in 2009, 2010 and 2011 for the purpose of blocking the ACA.

The Supreme Court did not lose its legitimacy with King v. Burwell — it has made worse mistakes. Obamacare did. Having been rewritten over and over by the president and the Supreme Court rather than Congress, Obamacare cannot claim to be a legitimate law.

Read the whole thing.

When Battling the Government In Court, What Are You Free To Say in the Press?

Readers who follow the battles over forfeiture law may recall the recent case in which a North Carolina convenience store owner from whom the government had seized $107,000 without any showing of wrongdoing decided to fight the case in the press as well as in court, backed by the Institute for Justice. Lyndon McLellan’s decision to go public with the dispute drew a menacing letter from a federal prosecutor about the publicity the case had been getting:

“Your client needs to resolve this or litigate it,” Mr. West wrote. “But publicity about it doesn’t help. It just ratchets up feelings in the agency.” He concluded with a settlement offer in which the government would keep half the money.

That case ended happily, but the problem is much broader: many individuals and businesses fear that if they seek out favorable media coverage about their battle with the government, the government will find a way to retaliate, either informally in settlement negotiations or by finding new charges to throw against them.

That such fears might not be without foundation is illustrated by last week’s widely publicized Oregon cake ruling, in which a Gresham, Oregon couple was ordered to pay $135,000 in emotional-distress damages for having refused to bake a cake for a lesbian couple’s commitment ceremony. Aside from the ruling’s other objectionable elements, the state labor commissioner ruled it “unlawful” for the couple to have given national media interviews in which they expressed sentiments like “we can see this becoming an issue and we have to stand firm.” Taking advantage of an exception in free speech law in which courts have found that the First Amendment does not protect declarations of future intent to engage in unlawful discrimination, the state argued – and its commissioner agreed – that the “stand firm” remark along with several similarly general comments rallying supporters were together “unlawful.”

That ought to bother anyone who cares about free speech. I’ve got a piece up at Ricochet.com, my first there, exploring the question in more detail. Check it out.  

 

Is U.S. Women’s Soccer Getting Shortchanged?

The U.S. Women’s World Cup team is back from Canada with victory in its players’ pockets, but not much else, to judge from media reports now unfolding. The question just above led a CBS Evening News story tonight about the gross income inequality between male and female professional soccer players—and in today’s battle between the sexes, few issues are more demagogued or more inflame the adversarial passions than inequality between the sexes. Indeed, we’re told that star goalie Hope Solo took a picture of one fan’s sign calling for equal pay for women athletes. Say no more.

But more was said, and the facts speak volumes. It seems that the women’s team will split $2 million for their victory whereas the winner of last year’s Men’s World Cup team, Germany, was awarded $35 million. The prizes, however, are based on revenue, says FIFA, which runs the World Cups, and the facts here are stark:

This year’s figures have not been released, but four years ago the Women’s World Cup brought in almost $73 million. The 2010 Men’s World Cup in South Africa made almost $4 billion. Those players got $348 million, or 9 percent of the total revenue. The women’s team got a higher percentage with 13 percent, but the bottom line was still much less, $10 million.

But don’t let those facts get in the way of sound egalitarian reasoning. We get that from Deborah Slaner Larkin with the National Women’s Sports Foundation:

We shouldn’t keep deciding who’s more important, our sons or our daughters, our husbands or our wives. People should be treated equally. We need to have some more male allies who will say this is not acceptable.

Not acceptable? If so, then what’s to be done? It’s unclear since we learn here that two women’s soccer leagues have already failed in the U.S. and the current one, the National Women’s Soccer League, averages only about 4,400 spectators a game. If you think this a tempest in a teapot, think again. It’s a microcosm, with a thousand and one more complex variations, of the debate that lies ahead in the political season that’s already under way.

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King v. Burwell: Six Humpty Dumptys Playing Calvinball

My King v. Burwell recap is up at SCOTUSblog. Excerpt:

In King v. Burwell, all nine Supreme Court Justices agreed on one thing. The King challengers claimed the Patient Protection and Affordable Care Act (ACA) authorizes the Internal Revenue Service to issue tax credits and impose the related penalties only “through an Exchange established by the State,” and not through exchanges established by the federal government. “Petitioners’ arguments about the plain meaning of Section 36B are strong,” Chief Justice John Roberts wrote, and their interpretation is “the most natural reading of the pertinent statutory phrase.” Justice Antonin Scalia agreed, finding the meaning of that phrase “so obvious there would hardly be a need for the Supreme Court to hear a case about it.”

There was no dissent about the plain meaning of the phrase “through an Exchange established by the State.” All seven of the other Justices joined one of those two opinions. Nor was there dissent about the fact that that phrase, used repeatedly in the statute, is the only provision of the Act that speaks directly to the question presented. Not a single Justice lent credence to the government’s assertions that this was a meritless case, or one that the Court should never have accepted. Nor was there dissent about the consequences of that provision’s plain meaning in the face of broad state resistance to the ACA. All agreed that withholding tax credits in the thirty-four states with federal exchanges could lead to adverse selection in those states, with premiums climbing higher and higher in a “death spiral.”

Where disagreement emerged was over the question of whether the former should alter the latter – whether the potential for adverse consequences “compels” the Court to disregard the universally acknowledged meaning of the operative text. The Court split six to three in favor of rewriting plain text, and rendering the requirement “established by the State” a nullity…

Roberts managed to conclude that “by the State” could be read to mean “by the federal government,” even though he acknowledged Congress explicitly defined “State” in a way “that does not include the Federal Government.” So perhaps spending more time with the statute would not have helped.

The King ruling is actually much, much worse than this excerpt suggests. Read the whole thing. For a reference guide to King, click here.

Video: Teachers Victimized by IRS’s Illegal Taxes Call King v. Burwell a “Godsend”

Yesterday, I blogged about the 70 million Americans President Obama is subjecting to illegal taxes, who would be freed from those taxes by a ruling for the challengers in King v. Burwell. Many of the victims of those illegal taxes are teachers. Kevin Pace, for example, is a jazz musician and music professor in Northern Virginia who lost $8,000 of income in one year alone when the Obama administration unlawfully imposed ObamaCare’s employer mandate on his employer. 

A group called American Commitment has produced a short video telling the stories of two more victims of these illegal taxes. One says these illegal taxes reduced his hours worked by 40 percent, calling it “absurd” and “unfair.” Another says a ruling for the King v. Burwell challengers would be a “godsend” and asks Congress to “come to its senses and give me back my hours, please.”

America’s Greek Fiscal Future

Last September, I wrote about some very disturbing 10-year projections that showed a rising burden of government spending.

Those numbers were rather depressing, but a recently released long-term forecast from the Congressional Budget Office make the 10-year numbers look benign by comparison.

The new report is overly focused on the symptom of deficits and debt rather than the underlying disease of excessive government. But if you dig into the details, you can find the numbers that really matter. Here’s some of what CBO reported about government spending in its forecast.

The long-term outlook for the federal budget has worsened dramatically over the past several years, in the wake of the 2007–2009 recession and slow recovery. …If current law remained generally unchanged…, federal spending rises from 20.5 percent of GDP this year to 25.3 percent of GDP by 2040.

And why is the burden of spending going up?

A Liberal Century of Peace and Progress Began after Waterloo

Two hundred years ago today, on June 18, 1815, the forces of the self-proclaimed Emperor Napoleon were defeated near Waterloo by a multinational European army. The battle ended years of war in Europe and allowed the rising tide of liberalism to produce a century of relative peace and unprecedented economic and technological progress. As I wrote in The Libertarian Mind (do you have your copy?)

In both the United States and Europe, the century after the American Revolution was marked by the spread of liberalism. Written constitutions and bills of rights protected liberty and guaranteed the rule of law. Guilds and monopolies were largely eliminated, with all trades thrown open to competition on the basis of merit. Freedom of the press and of religion was greatly expanded, property rights were made more secure, international trade was freed….

After the turmoil of the French Revolution and the final defeat of Napoleon in 1815, and with the exception of the Crimean War and the wars of national unification, most of the people of Europe enjoyed a century of relative peace and progress….

This liberation of human creativity unleashed astounding scientific and material progress. The Nation magazine, which was then a truly liberal journal, looking back in 1900, wrote, “Freed from the vexatious meddling of governments, men devoted themselves to their natural task, the bettering of their condition, with the wonderful results which surround us.” The technological advances of the liberal nineteenth century are innumerable: the steam engine, the railroad, the telegraph, the telephone, electricity, the internal combustion engine. Thanks to the accumulation of capital and “the miracle of compound interest,” in Europe and America the great masses of people began to be liberated from the backbreaking toil that had been the natural condition of mankind since time immemorial. Infant mortality fell and life expectancy began to rise to unprecedented levels. A person looking back from 1800 would see a world that for most people had changed little in thousands of years; by 1900, the world was unrecognizable….

Toward the end of the nineteenth century, classical liberalism began to give way to new forms of collectivism and state power….

By the turn of the century the remaining liberals despaired of the future. The Nation editorialized that “material comfort has blinded the eyes of the present generation to the cause which made it possible” and worried that “before [statism] is again repudiated there must be international struggles on a terrific scale.” Herbert Spencer published The Coming Slavery and mourned at his death in 1903 that the world was returning to war and barbarism.

Indeed, as the liberals had feared, the century of European peace that began in 1815 came crashing down in 1914, with the First World War. The replacement of liberalism by statism and nationalism was in large part to blame, and the war itself may have delivered the death blow to liberalism. In the United States and Europe, governments enlarged their scope and power in response to the war. Exorbitant taxation, conscription, censorship, nationalization, and central planning—not to mention the 10 million deaths at Flanders fields and Verdun and elsewhere—signaled that the era of liberalism, which had so recently supplanted the old order, was now itself supplanted by the era of the megastate.

More on libertarian history in The Libertarian Mind. More on the peaceful 19th century from Jim Powell.

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