I am a faithful subscriber to the Washington Post: morning after morning, it makes for merriment. Its editorial and op-ed pages, for instance, have been given over for weeks to the regurgitation of ACA defenses cranked up in New Haven or in the PR offices of the country’s health care lobbies (interspersed with an occasional George Will column). Then yesterday, the Post (printed version) conveniently supplied a long piece detailing “Five Myths About King v. Burwell”—written by a pro-ACA advocate in the litigation, who nonetheless earnestly professed to sort “fact from fiction” in the case. That was a good one.
Over at Instapundit, I read yesterday that the IRS defended its Breitbart audit with this statement: “The IRS stresses that audits are based on the information related to tax returns and the underlying tax law — nothing else.”
Glenn aptly writes “And who could hear this without laughing?” Actually, I know from personal experience it is false, because a while back I was subject to a “practice audit.”
A Justice Department attorney casually remarked to Judicial Watch’s president Tom Fitton that the “Lois Lerner e-mails” that provide crucial evidence of the U.S. government’s effort to suppress conservative political activity probably survived efforts to destroy them because “the federal government backs up all computer records to ensure the continuity of government in event of a catastrophe.”
These are interesting times, constitutionally speaking. In the past two weeks, federal courts have ruled both ways on Obamacare. In the D.C. Circuit, a panel ruled that the law allows for subsidized health insurance in exchanges created by state governments, but not in the “backstop” exchange created by the federal government. Meanwhile, the Fourth Circuit says that the statute allows subsidies in both.
Who is right?
A reporter for The Nation magazine looking for a partisan “color” story cornered me at the 2014 Conservative Political Action Conference, asking what I thought of Chris Christie. I took the chance to remind his magazine’s audience that both parties in American politics have been adopting similar habits of lawlessness, and that continuing to confirm those habits has dire consequences.
In 2004 leftwing filmmaker Michael Moore released his film Fahrenheit 9/11, a searing attack on the legitimacy of George Bush’s election to the presidency in 2000, and his handling of events before, during, and after the terrorist attack of September 11, 2011 on the World Trade Center. Moore was unequivocal in his stated hope that the movie would “help unseat a president.”
Fahrenheit 9/11 was produced by Moore’s production company Dog Eat Dog Films, a corporation. At the time – before the Supreme Court decision in Citizens United v. Federal Election Commission—it was illegal for corporations to spend money “in connection with any election to any political office,” and illegal for an officer of a corporation to consent to such an expenditure.
Imagine if fourteen months after the election, Moore had been indicted by a Bush-appointed federal prosecutor for violating the prohibition on corporate spending. Imagine if Moore was arrested, cuffed, criminally charged for his activities, had his passport confiscated, and bail set at $500,000–what would have been the reaction from the America’s liberals? Of the press? Of Senator Barack Obama?
Being human, politicians lie. Even in the best regimes. The distinguishing feature of totalitarian regimes however, is that they are built on words that the rulers know to be false, and on somehow constraining the people to speak and act as if the lies were true. Thus the people hold up the regime by partnering in its lies. Thus, when we use language that is “politically correct” – when we speak words acceptable to the regime even if unfaithful to reality – or when we don’t call out politicians who lie to our faces, we take part in degrading America.
America is under one-party rule. That is illegitimate because it is irresponsible. Restoring responsible government will take a revolt from within the ruling coalition, or a new party formed explicitly to represent the people against the ruling class.
The New York Times’ “News Alert” heralded the House of Representatives’ passage (359-67) of a single bill that appropriates money for the US government’s discretionary accounts through fiscal 2014: “The legislation, 1,582 pages in length and unveiled only two nights ago, embodies precisely what many House Republicans have railed against since the Tea Party movement began, a massive bill dropped in the cover of darkness and voted on before lawmakers could possibly have read it.” The same day, a Wall Street Journal headline hailed the event as “Budget Deal Gives Parties Break From Fiscal Combat.” Like the Times, the Journal published a summary list of “who gets what” from the $1.1 trillion deal.
The Party bosses and the lobbyists closest to them who worked out the deal over the previous weekend answered only to themselves.
Earlier today, Judge Friedman (D.D.C.) sustained an IRS rule to the effect that Obamacare’s subsidies and coverage mandates apply in all states with a health care exchange--not just those with a state-run exchange but also those with a federal or federally “facilitated” exchange. That is so, the judge held, despite statutory language that specifically refers to exchanges established by or ”a state.” The IRS (or for that matter HHS) is not a state but never mind. The opinion is here; news coverage here. The judge’s opinion is (in my humble estimation) not a “let’s-save-Obamacare” blow-off: it wrestles with a serious problem…
Obamacare is on the ropes. As everyone is beginning to understand, the malfunctioning website is the least of it. There’s the millions of canceled individual policies, skyrocketing Medicaid enrollments … and much more trouble ahead. As previously reported, four pending lawsuits challenge an IRS rule that would extend the ACA’s coverage mandates and subsidies into states that have declined to establish a state exchange and are now operating under healthcare.gov. Sean Trende has a tremendous piece on the four cases here. Two of the cases were brought by states (Oklahoma and Indiana). The other two were cobbled together by the Competitive Enterprise…