Thursday, June 25, 2015

Whew!

Whew!

The collective sigh you heard this morning was a bi-partisan sigh of relief from our nation’s capital in response to the Supreme Court ruling on the Affordable Care Act.

In a 6-3 ruling, the Court decided that the government was allowed to provide tax subsidies to help poor and middle-class families buy health insurance regardless of whether the coverage was purchased through a state or federally run exchange. The Court rejected the challenge that the law allows for subsidies to be paid only to those purchasing coverage through an “exchange established by the state.”

Chief Justice Roberts, writing for the majority explained that rather than focus on a specific word or phrase the law must be taken in its entirety:

“In this instance,” Roberts wrote, “the context and structure of the act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase…Congress passed the Affordable Care Act to improve health insurance markets not to destroy them…If at all possible we must interpret the act in a way that is consistent with the former, and avoids the latter.”

In a bitter dissent Judge Antonin Scalia accused the Court of rewriting the law and then got in a personal dig:

“The Act that Congress passed makes tax credits available only on an “Exchange established by the state.” This court however, concludes that this limitation would prevent the Act from working as well as hoped. So it rewrites the law to make tax credits available everywhere. We should start calling this law SCOTUScare.”

Truth be told the Court could have gutted the law by holding to the letter of the phrase “exchange established by the state.” However reading the entire body of the Act makes it clear that the intent was to provide subsidies for all purchases whether made through a state or federally run exchange.

Normally housekeeping issues such as this are resolved quickly via the passage of congressional amendments. But this time the toxic, partisan atmosphere in congress reared its head and a court challenge was filed.

This is the second time that the president’s signature law has been challenged in the courts only to come away with a win. In this particular instance the 6-3 margin augmented by the normally conservative Chief Justice Roberts’ assent signals that from a legal standpoint the book on the ACA is closed.

As you might expect Democrats were both relieved and ecstatic. Defeat in the Court would have destroyed the most important accomplishment of the Obama administration.

Republicans dutifully played the part of wounded warrior; lashing out in dissent of the Court’s ruling. But behind closed doors they were just as pleased as Democrats with the decision.

Had the Court struck down the subsidy provision the law would have crumbled and millions of Americans would have found themselves forced to opt out of coverage that they could no longer afford. The blame would have been placed squarely on the shoulders of the Republican Party which authored the legal challenge and made repealing Obamacare its number one priority since the day it was signed into law.

Though Republicans have been united in their opposition of the ACA they have never reached consensus on a detailed alternative. A dissenting ruling from the Court would have forced Republicans to immediately come to a consensus for a replacement. The infighting between the far right, who have always wanted the law repealed in its entirety and the more moderate members who have wanted to tweak certain provision,s would have rendered the Party immobile and impotent; further cementing the image of a party unable to govern itself much less a nation. Republicans wanted no part of that optic. Particularly in the middle of a national campaign. Far easier to faux rail against the evils of Obamacare than to actually provide a governable alternative.

The president got in right today when he addressed the press from the Rose Garden shortly after the Court rendered its ruling:

“After more than 50 votes in congress to repeal or weaken this law…after a presidential election based in part on preserving or repealing this law…after multiple challenges to this law before the Supreme Court…the Affordable Care Act is here to stay.”

The Republicans next best shot at getting rid of the Affordable Care Act is to win the White House in 2016 and maintain their majority in the House and Senate. Then they can make their dreams come true and “repeal every single word of Obamacare.”

Perhaps by then they’ll have figured out a plausible alternative.


The NRA Is Smiling

As the City of Charleston buries it’s dead there is an emotional yet misguided response that is sweeping across the country.

I’m not talking about the sudden politically motivated rush to remove the confederate flag from government facilities. It's about time.

Word is that black churches, particularly those in the south, are beefing up their security measures to ensure the safety of their parishioners. Some are going so far as to enlist armed security guards to ward off would be intruders.

First our schools…now our churches. Once thought to be safe havens now serve as killing fields. Now it appears that we will turn them in to armed camps.

There has been a lot of talk since the Charleston massacre about the Confederacy, its flag, and the part they may have played in the taking of nine innocent lives. There has been all too little discussion about the epidemic of gun violence that is rampant in our society and the part the “gun culture” may have played in those murders.

I guess politically it is much easier to take down a flag than to deal with the root cause of the problem.

We are a nation awash with guns. The NRA would have us believe that the only way to curb the gun violence is to add more firearms to the mix. A simple review of the violent crime statistics in every other modernized nation will tell you that is simply not true.

The purpose of the NRA is to promote the interests of gun manufacturers and gun enthusiasts. There is no doubt that the NRA is extremely good at its job. I don't believe that the NRA condones violent crime or the shooting of innocents. But they are not above using highly publicized incidents like the one in Charleston to promote their narrative.

Background checks for all gun purchases would be a good first start in reducing violent crime in our country. 90% of the country favors background checks on all gun purchases. Even the NRA claims to be against placing firearms in the hands of felons and the mentally ill. But they want no part of background checks. Using Charleston as an example; they say that a background check would not have stopped Dylann Root from purchasing the gun that he used to commit his crime. That is true. But of the 400,000 gun related deaths that have occurred in this country since 9/11; 40% of them were committed by persons who would have failed simple background checks and therefore been denied purchase of a firearm. Certainly there are lots of illegal ways to get a gun. Background checks is not a perfect solution...but it is a good start. However 40% fewer guns means 40% less revenue to the gun industry. Therein lies the true incentive. Sure, the NRA is all about protecting the constitutional rights of its members. But at the core of that narrative is keeping the lucrative revenue stream flowing.

The NRA mantra is simple...the only thing that can stop a bad guy with a gun is a good guy with a gun.
Unfortunately the good guys rarely seem to be around when you need them.

And so rather than make the hard choices we pat ourselves on the back for removing a symbol of hatred and violence from our midst.

Meanwhile our churches and schools arm themselves for protection.

More and more guns are sold.

The gun violence escalates.

More guns are sold in response.

The NRA is smiling.

Wednesday, June 24, 2015

This & That

HARSH REALITY – Reverend Clementa C. Pinckney was a Senior Pastor of the Emmanuel AME Church of Charleston, South Carolina and a Democratic member of the South Carolina State Senate. On Wednesday June 17th Reverend Pinckney and eight of his fellow parishioners were shot and killed as they met for a bible study in the church. Their killer…Dylann Roof…a self-proclaimed advocate of white supremacy. Their sin…being black.
Today the body of Senator Pinckney will lie in state under the State Capitol rotunda. Tens of thousands of mourners are expected to arrive at the Capitol to pay their respects. As they enter the Capitol grounds they will file past a standard bearing the Battle Flag of the Confederacy; which proudly waves at full staff high above. The very flag that Dylann Root proudly waved as a symbol of his fealty to white supremacy before he took Clementa Pinckney’s life.

SARAH PALIN – FOXNEWS announced that it will not be renewing the former Alaska Governor’s contract. Palin served as a paid contributor for the network where she offered her expert opinion on a host of issues that she never researched. To her credit Ms. Palin never allowed her lack of preparation or knowledge to stand in the way of expressing her uninformed views. The entertainment value of her appearances will be sorely missed.

LOUISANNA GOVERNOR BOBBY JINDAL – Republican Governor Jindal is expected to formerly announce today that he will be seeking his party’s nomination for the presidency. Governor Jindal has the lowest approval rating of any governor in the country.

NEW JERSEY GOVERNOR CHRIS CHRISTY – Republican Governor Christy is expected to formerly announce his candidacy next week. Governor Christy has the second lowest approval rating of any governor in the country. Are we seeing a pattern here?

DONALD TRUMP – A recent Suffolk University poll has Trump running second among Republican presidential hopefuls. That makes me smile! We must have “The Donald” on that debate stage. Keep up the good work, America!

Tuesday, June 23, 2015

These Are The Serious Matters Of Our Times

Today I would like to take a moment to step back from the ridiculous debate that has dominated the news. You know the one I’m referring to. The ridiculous debate over whether the Battle Flag of the Confederacy…a symbol of hatred, violence, divisiveness, bigotry, white supremacy and the subjugation of the black race…should be displayed on the South Carolina statehouse grounds. A statehouse where the elected government in session is supposed to represent ALL the citizens…even the black ones.

Before leaving the subject allow me to offer a tip of the hat to South Carolina Governor Nikki Haley for calling upon the state legislature to remove the flag. While I applaud her seemingly heartfelt decision I must admit that I wonder why it took the slaughter of nine innocents praying in a church to come to this sudden shift of conscience. Perhaps the good governor and her Party’s presidential candidates were simply tired of being embarrassed as they stumbled to find the politically correct answer to the question of the flag’s continued display. Perhaps the governor and her Party’s presidential candidates were growing weary of getting beaten up in the press for their acceptance of campaign donations from hate groups like Council of Conservative Citizens. Regardless of the motivation, Governor Haley was right when she said that although “the flag represents a part of South Carolina’s past it does not represent its future. It’s time to take down the flag.” Governor…it’s way past time.

It should be noted that it takes a 2/3rds vote in the South Carolina legislature to take down the flag. A whip count shows that 65% of the members who were willing to speak publically said they would vote in favor of the flag’s removal. 35% said they would oppose. But only 50% of the state representatives were willing to go on the record leaving the other 50% still waiting for the political winds to determine which way they will vote. The answer to this entire fiasco is obvious. But even the obvious can prove difficult for some political leaders; forcing them to search deep within themselves to find righteous principles long forgotten.

Now let me turn the page and move from the ridiculous debate over the flag to a far more serious subject in the annals of Republican politics…the upcoming Republican Presidential Debates.

Play close attention as I will be asking for your help at the end of my comments.

The Republican Party in its infinite wisdom has ceded the logistics of the upcoming debates to the Party’s communication department…FOX/NEWS. Given the large number of Republican presidential hopefuls there could be as many as 20 candidates fighting for the nomination when the debate schedule begins. FOX has informed the Party leaders that having all 20 hopefuls appear on the debate stage together is an unwieldy proposition. So FOX has informed the Party that it will winnow down the field by allowing only the hopefuls who are ranked among the top ten in the most recent national polls to appear on the stage.

“Houston, we have a problem.”

The recent NBC NEWS/WALL STREET JOURNAL poll shows that Carly Fiorina comes in at number ten on the list. The poll leaves serious politicians Kasich, Jindal, Pataki, Graham and Santorum sitting at the kids’ table. And here lies the travesty that I need your help to avoid.

If the polls continue as they are; joining these serious candidates at the kids table will be a not so serious politician…Donald Trump.

Donald Trump has stated that he is running for president. I take him at his word.

We need Donald Trump in these debates. Only Donald Trump can give right wing policies the spotlight they so richly deserve. Only the bloviating Trump can be counted on to put political correctness aside and add entertainment value to what will otherwise be a buttoned up snooze fest. Admit it…no matter the question nor to whom it is directed…you will be paying little attention to what the other candidates’ are saying as you wait on the edge of your seat for Trump’s response. He won’t answer any of the questions without first engaging in a narcissistic rant untethered from any point of reality. It will be epic television.

NARRATOR: “Mr. Trump, how do you respond to Governor Bush’s position on Common Core?”

TRUMP: “He’s a loser. “Bush, Rubio, Perry…they’re all losers. I’m VERY rich.”

We must have “The Donald” in these debates. And that is why I need your help.

If you are contacted by ANY pollster between now and the debates and they ask if you could see yourself supporting Trump’s run for the presidency…I’m begging you please say “YES.” Only by moving Donald Trump into a Top 10 position in the polls can we assure ourselves of a televised event unsurpassed in modern history.

Does Trump have any shot at winning the nomination? Doubtful! But then this is the party that sees Ted Cruz as a serious contender. Unlike the other candidates, Trump has more than enough of his own money to keep him in the race till the end. That financial freedom allows him to say whatever crazy thought enters his head without fear of offending some billionaire benefactor.

“Trump Unchained!” It could be epic!

So say “YES” to “The Donald” and allow the clown show’s biggest attraction to appear on the big stage.

I said we would move on from the ridiculous debate in South Carolina to a far more serious subject in the annals of Republican politics. This is as serious as Republican politics gets.
It’s not my fault that it continues to border on the ridiculous.

Sunday, June 21, 2015

Chasing Shiny Objects

First of all let me say that the love, compassion and sense of community demonstrated by the people of Charleston in wake of the recent mass murders are an inspiration to the nation. The amazing families of the victims; their willingness to grant forgiveness in the face of such tragedy, demonstrates a strength of character that we can all aspire to reach some day.

If only we as a country could mirror their grace, compassion and fortitude in dealing with the important issues of our time. Instead we chase the next shiny object.

As Charleston begins the healing process the president calls on the country to deal with the gun violence that plagues our nation. But rather than focus on a deadly national disease that has taken 400,000 American lives since 9/11, the debate focuses on the Battle Flag of the Confederacy that flies in front of the South Carolina statehouse.

Inquiring minds want to know…”Why wasn’t the Confederate Flag lowered to half-staff in honor of the dead.” “Why is a symbol of white supremacy and the subjugation of an entire race still displayed in front of a government building?” Some breathlessly clarify that the flag in question is not the “official flag of the Confederacy,” but rather the “Battle Flag displayed by Lee’s Confederate troops as they road into battle during the Civil War.”…as if such a distinction matters. Others, such as Washington Post columnist Eugene Robinson point out that the flag wasn’t displayed atop the South Carolina Statehouse until 1961, when it was raised as a “middle finger to the anti-segregation movement that was sweeping across the nation during that time.” South Carolina Congressman Jim Clyburn, appearing on “Meet the Press” informed us that the state legislature finally responded to the furor over the flag’s display by reaching a compromise that allowed to the flag to be displayed “behind the statehouse where it would not be seen.” The current location in front the state house “was NOT the compromise location” the congressman booms.

While this history lesson may be both educational and entertaining it misses the far more important question at hand…what are we going to do about the gun violence in our country?

Should a symbol of white supremacy and the subjugation of an entire race be displayed in front of…or behind…the South Carolina statehouse... or any place else for that matter? Its a ridiculous question and a ridiculous debate. The answer seems obvious. NO...of course not! It should be displayed in a museum where all the history of that time…both good and bad…can be brought to light for all to see. But that decision is up to the citizens of South Carolina.

Better that we as a nation discover some of the fortitude and focus shown by the grieving families in Charleston. Stop chasing shiny objects and concentrate on the weighty matters of our time.

Friday, June 19, 2015

Nothing Changes And Everything Remains The Same

Another mass shooting. Nine black innocents slaughtered. This time a church serves as the killing field.

Another community grieves. The nation shakes its head in sympathy.

The outrage rings anew. The chattering class searches in vain for context. Voices are raised. Fingers are pointed. Guns…mental illness…racism are to blame.

Another community grieves. The nation shakes its head in sympathy.

The NRA says that this incident is not about guns. The killer used a handgun purchased through a loophole in the law.

The Wall Street Journal says this is not about racism. The killer engaged in racially charged rhetoric, frequented racist websites, adorned himself with racially charged symbols, entered an iconic black church and murdered nine black individuals.

The mental health industry says “We’re doing all we can.”

Another community grieves. The nation shakes its head in sympathy.

The president offers his condolences. He says that mass shootings like this do not happen anyplace else in the world. “At some point” he said “we as a country will have to reckon with the fact that this kind of mass violence does not happen in other advanced countries. It doesn’t happen in other places with this kind of frequency.” By one account it is the fourteenth time that he has expressed his condolences in the wake of such violence.

Another community grieves. The nation shakes its head in sympathy…

...and then?

Today the healing process begins. The community will bury its dead. Families and friends will forever mourn the loss of loved ones. The nation will move on until the next senseless mass killing when the outrage will begin anew. Between now and that next tragic day...nothing will change.

A top the South Carolina State Capitol the American flag and South Carolina state flag wave in the breeze. Today they fly at half-mast in honor of the nine dead.

On the public square in front of the South Carolina State House there flies another flag…the Battle Flag of the Confederacy. Today the “Southern Cross” proudly flies at full staff.

No, nothing will change.



Wednesday, June 17, 2015

This & That

BE CAREFUL WHAT YOU WISH FOR - Republicans have made no secret of their desire to repeal "Obamacare." GOP presidential hopefuls have said that if elected repealing Obamacare is job #1. Killing Obamacare is one thing everyone in the GOP agrees on. As we have seen in the past, ideological bravado tends to get a bit weak in the knees when it runs headlong into reality.

Sometime during the next two weeks…perhaps as soon as tomorrow…the Supreme Court will hand down a decision that could strike down subsidies for millions of Americans who have enrolled in Obamacare through federal exchanges. The affect would be to gut the president’s signature piece of legislation at its very core.

You would expect Republicans to be hopeful that the Court would hand down such a ruling. After all they filed the suit against Obamacare that has led to this signature moment. But instead Republicans are deeply concerned that a ruling in their favor may ultimately be a disaster for the Party. GOP concerns are twofold: #1…a ruling against Obamacare would leave 6 million previously insured Americans without the subsidies they were counting on to purchase coverage and lay the blame squarely at the feet of the GOP. #2…should the Court rule in their favor, Republicans have no plan to replace Obamacare. Some conservatives would leave the existing law in place for a few months to allow themselves and their states time to find a path forward. Others would move to kill the law in its entirety immediately and start over. Neither option would get past a presidential veto.

After five years of trashing Obamacare you would think the GOP would have a plan in place in the event their efforts were successful. Their lack of foresight only further calls into question the Party’s ability to reach consensus and govern.

THE ELEPHANT IN THE ROOM – Donald Trump is running for president. At least that is what he announced yesterday in a rambling 45 minute off script rant.

Trump was typical Trump…confident, boastful and controversial. He told us he was so rich that he didn’t need anybody else’s money to fund his campaign and backed it up by passing out a document that showed his net worth at over $8 billion. He blasted Bush and Rubio; discounting them as serious contenders. He referred to those illegally crossing over the border from Mexico as rapists. There was little substance here but the entertainment value was off the charts.

Trump may be a pompous ass, a narcissist and a buffoon. But he is a buffoon with a message that resonates with a significant segment of the far right; a position that Ted Cruz has made a career out of exploiting. Unlike Cruz, Trump has a ton of money to carry that message forward. Unlike Kasich, Jindal and Fiorina he will be on that debate stage. And when the bright lights come on the only thing that will matter is “The Donald.”

I find it hard to believe that the Republican Party would ever nominate Donald Trump as their candidate for president. But then this IS the party that believed Sarah Palin was qualified to sit a heartbeat away from the Oval Office.

Get your popcorn ready! It’s gonna’ be a show!