By now
the entire country knows that The Affordable Care Act has been upheld
essentially in its entirety. Chief Justice Roberts was the surprising swing
vote in the 5-4 decision. In the past Justice Roberts would only side with the
more liberal side of the bench to shore up an already decision. This would mean
a 6-3 vote to show a unified court. However yesterday he single handily decided
the vote of the bill. While republicans are fuming, they may soon realize that
Justice Roberts actually made a constitutionally conservative vote. Instead of
upholding the law through the commerce clause, which was initially made to
regulate interstate trade but has been used to expand federal oversight into
most facets of public life, he instead said that Congress had the authority
through its taxing powers. That is a victory for strict constitutionalist and
also a win for the President because he still keeps his healthcare bill. It is
too soon to tell which way the two sided coin will land in November
While the
decision is a confirmation of Obama's credibility, is is a potential a
liability for his campaign. Until this ruling, I had no doubt in my mind that
President Obama would be reelected. but I now see a distinct possibility that
2012 could usher in President Romney and here is why. If the law was struck
down, Obama would be able to play the martyr who is willing to do hard things.
Upholding the law may make him more credible, but it gives an arsenal of
ammunition to Mitt Romney. Hard the law been struck down Romney would need to
explain how he would fix the healthcare problem which both sides of the ailse
admit exists. Now Romney can raise the flag of repeal and bring independent
voters who oppose the law to his side. One concern with him as a candidate was
that the conseravtive base would not embrace someone who had been so moderate
in the past. Romney has done well to shore up that base and this ruling may
have pushed him over the edge.
Now this
blog is Cheesehead Politics and my focus is Wisconsin politics which typically
means the US Senate race right now, but some issues are so transcendent that
every elected official in the state will release a statement on it. Yesterday I
was able to see Mark Neumann at the state capital and listen to his reaction
and afterwards listen in on a Eric Hovde press conference call. Statements from
Tommy Thompson and Tammy Baldwin come from emails released by their
campaigns.
Neumann:
Much of what Neumann said was typical conservative talking points. His chief
concern in the campaign is repealing 'Obamacare'. The fight is not over and he
cleared up confusion by stating the Congress could still repeal the law.
Apparently some people thought a SCOTUS ruling meant that the law was
permanent, it is not. His second concern is balancing the budget.
Hovde: In
the conference call Hovde answered questions about the ruling. Again he stuck
with the conservative line. Hovde did mention the economic backlash of the bill
since it took into account 10 years of revenue for the law when really it would
not have that much financial support initially. Beyond that he was still
'digesting' the ruling.
Thompson:
Released a statement "Obamacare can still be
repealed by Congress - as long as we win a US Senate majority in November. I
can deliver this win for Republicans, and I am repeal-ready and will work to
replace this destructive mandate with intelligent, market-based
solutions."
He then followed up with an email attacking Congresswoman
Baldwin's support of the law. This week has not been the best for Thompson
though. The Club for Growth has been launching ads about Thompson's previous
support of a bill similar to the Affordable Care Act. While Tommy is very firm
in his opposition and promises to repeal the law on day one, quotes from the
past may continue to haunt him in this campaign.
Baldwin: Released a statement applauding the
independent courts decision and went on to talk about how it would help those
currently without care. She then transitioned to attacking the Republican
candidates on their opposition to the decision. Each of these candidates
essentially stuck to party line talking points.