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Why Obamacare Means Life and Death…for Both Political Parties

Mother Jones

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In politics, hyperbole is routine. It’s common for campaign ads to praise a candidate as a savior or denigrate a contender as the destroyer of worlds. On Capitol Hill, lawmakers regularly claim that a particular piece of legislation will yield everlasting rainbows—or bring about complete devastation. President Barack Obama has been hailed by fans as a champion of hope and change and declaimed by foes as a secret, foreign-born, America-hating Muslim socialist bearing a covert plot to weaken the nation he leads. But every once in the rare while, hyperbole is warranted. And as the fierce mud-wrestling over Obamacare continues, it’s not going too far to say that this clash is darn close to a life-and-death battle between the Democrats and Republicans. Which explains why the conflict is not ending, even as the White House patches up the glitchy Healthcare.gov website. Tea party leader Sen. Ted Cruz (R-Texas) is still tweeting out daily his demand for a full repeal of Obamacare, and Obama, as he demonstrated at a White House event on Tuesday afternoon, is revving up the White House sales campaign for the Affordable Care Act.

With the website somewhat functioning, the fundamental debate over Obamacare resumes, and this debate pits the basic philosophy of each party against the other. Ever since becoming tea partyized, the Republican Party has essentially stood for one notion: government is the problem. After the economic crash of 2008, Republicans tended to blame Washington’s federal budget woes—not the actions of Wall Street dealers and schemers—for the financial calamity that sent the economy into the most severe recession since the Great Depression. They saw little need for government action to re-regulate the financial shenanigans that led to millions of Americans losing their jobs and homes. And they fiercely opposed the idea that government should stimulate the collapsing economy. The tea party victory of 2010 pushed the GOP further in this direction, with new Republican legislators obsessively peddling a single-minded agenda: big government must be crushed. Obamacare, naturally, was the main target of this ideological wrath. So much so that this year, House Speaker John Boehner was outmaneuvered by Cruz-inspired tea party back-benchers determined to shut down the government to thwart health care reform law.

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Why Obamacare Means Life and Death…for Both Political Parties

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Republicans Nearing a Dead End on Obamacare

Mother Jones

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Greg Sargent says that although the Obamacare website debacle scared some Democrats, in the end virtually none of them meaningfully abandoned the law:

It’s clear they believe the worst is now over and it is safe to return to the message they always expected to adopt.

I know I’m a broken record here, but folks are overlooking the possibility that no matter how unpopular the law, the Republican stance on health care may prove a liability, too. The basic Dem gamble is that disapproval of Obamacare does not automatically translate into zero sum political gains for Republicans, and that voters will grasp that one side is trying to solve our health care problems, while the other is trying to sabotage all solutions while advancing no constructive answers of their own. Polling shows disapproval of the law does not translate into majority support for GOP attempts to repeal or sabotage it, and Dems think this will only harden as more people enjoy the law’s benefits.

It’s funny that Republicans don’t believe their own propaganda. For years, they’ve been hellbent on repealing Obamacare because they knew that once it was fully implemented in 2014, it would have millions of beneficiaries who would fight to keep it. Once the benefits of a new program start flowing, it’s very, very hard to turn them off.

They were always right about that. By the middle of 2014, Obamacare is going to have a huge client base; it will be working pretty well; and it will be increasingly obvious that the disaster scenarios have been overblown. People with employer health care will still have it and very few will notice even a minor change in their normal routine.

Given all this, it’s hard to see Obamacare being a huge campaign winner. For that, you need people with grievances, and the GOP is unlikely to find them in large enough numbers. The currently covered will stay covered. Doctors and hospitals will be treating more patients. Obamacare’s taxes don’t touch anyone with an income less than $200,000. Aside from the tea partiers who object on the usual abstract grounds that Obamacare is a liberty-crushing Stalinesque takeover of the medical industry, it’s going to be hard to gin up a huge amount of opposition. And that’s doubly true since, as Sargent says, the Republican Party will have no credible alternative for a benefit that lots of people will already be getting.

Maybe I’m missing something. But either Republicans are seriously miscalculating, or else they’re simply betting the farm on the hope that Obamacare will be an epic disaster. Maybe it’s a bit of both. Either way, I think they’re fooling themselves pretty badly.

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Republicans Nearing a Dead End on Obamacare

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Tax-Free Internet Sales May Finally Be a Thing of the Past

Mother Jones

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Amazon CEO Jeff Bezos announced on 60 Minutes last night that Amazon would someday make home deliveries via propeller-driven drones. Will this actually ever happen? I don’t know, but I suspect that Bezos doesn’t really care. Today, everyone is talking about Amazon drones, which means they’re talking about Amazon. Mission accomplished.

However, it turns out that today brings much more important news for online retailers. Tacocopters may make for amusing conversation, but sales taxes mean a lot more for the bottom line:

The Supreme Court on Monday declined to get involved in state efforts to force online retailers such as Amazon.com to collect sales tax from customers even in places where the companies do not have a physical presence….All but five states impose sales taxes, and an increasing number have passed legislation to force online retailers such as Overstock and eBay to begin collecting those taxes from customers.

….As is its custom, the court gave no explanation for turning down petitions from Amazon and Overstock.com to review a decision by New York’s highest court to uphold that state’s 2008 law requiring sales tax collections.

Seattle-based Amazon has no offices, distribution centers or workforce in New York. But the New York Court of Appeals said Amazon’s relationship with third-party affiliates in the state that receive commissions for sending Web traffic its way satisfied the “substantial nexus” necessary to force the company to collect taxes.

Happy Cyber Monday! As it happens, Amazon pretty much caved in on this issue a year ago, but this is still an important non-ruling. It almost certainly means that every other state will fairly quickly follow the lead of California and New York, and it means that every other online retailer will have to start collecting state sales taxes too.

At a guess, this might also spur Congress to pass national legislation governing online sales taxes. Republicans have resisted this since it would effectively raise taxes on consumers, but if that’s going to happen anyway then it might be worthwhile to at least harmonize the treatment of companies across all 50 states. It could even be a chance to put some modest limits on internet sales taxes, which might actually count as a tax reduction in Republican eyes. Who knows? But certainly national legislation has a slightly brighter outlook today than it did yesterday.

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Tax-Free Internet Sales May Finally Be a Thing of the Past

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The EPA’s Bold New Agenda

The agency’s plans for 2014 involve a hard look at fracking and new curbs on carbon-belching power plants. porchlife/Flickr The Environmental Protection Agency has released its to-do list for 2014, in the form of its annual regulatory agenda. And it calls for tackling some controversial environmental questions that Congress has been unable to resolve, including how to limit carbon emissions from existing power plants and whether energy companies should be required to disclose the chemicals they inject into the ground during fracking. While the plan has some gaps—Bloomberg BNA has pointed out it’s noticeably silent on coal ash, a toxic coal-burning byproduct that has been responsible for several recent environmental disasters—it could have far-reaching environmental benefits. Below is a summary of the EPA’s biggest goals in the new year. Carbon caps for power plants Between now and September 2014 the EPA aims to finalize its rules for capping greenhouse gas emissions from existing natural gas and coal-fired plants, which together produce a whopping 40 percent of the United States’ carbon emissions and one-third of its heat-trapping gases. Controlling smokestacks emissions is critical to addressing climate change, but carbon legislation is a non-starter, even in the Democratically controlled Senate. The EPA rules are bound to be challenged in court and they’ll invariable fuel allegations that Obama—and his vulnerable Democratic allies on Capitol Hill—are waging a war on coal. But, presuming they survive, they could be historic. The new target date is more ambitious than the mid-2015 goal that President Obama previously proposed for finalizing EPA regulations for existing power plants. But EPA rules often get stuck in the regulatory pipeline. While the caps for existing plants have yet to take shape, the White House recently called for limiting new coal-fired plants to 1,100 pounds of carbon dioxide per megawatt hour—60 percent less than the average coal-powered plant releases—and gas-power plants to 1,000 pounds. Disclosure rules for fracking fluid Late next year, the EPA plans to weigh in on whether oil- and gas-drilling companies should be required to disclose which chemicals they inject into the ground during fracking. Environmentalists and public health watchdogs have long pressed fracking companies to reveal this information, saying otherwise there’s no way of judging the risk to groundwater. (The scene in HBO’s documentary Gasland in which a resident near a fracking site lights tap water on fire encapsulates their fears.) But companies usually resist, claiming their formulas are proprietary. So far, only a handful of states have passed laws forcing fracking disclosure. Industry groups have managed to hobble some of them, while also pushing their own legislation that would protect these chemicals as trade secrets. Congressional lawmakers, who have seen donations from oil and gas companies rise by 180 percent rise over the past nine years, don’t seem eager to act on the issue. The FRAC Act, a bill first introduced in 2009 that would force disclosure of fracking chemicals, is stalled in committee in both the House and the Senate. And thanks to the “Halliburton Loophole,” which was slipped into a 2005 energy bill at the behest of then Vice President Dick Cheney, the EPA is barred from monitoring the industry’s compliance with the Safe Drinking Water Act. EPA disclosure requirements could go a long way to bringing uniformity to patchwork state laws and allowing public health advocates to keep tabs on an opaque industry. Protecting small waterways Two US Supreme Court rulings from 2001 and 2006 have created enormous confusion over the EPA’s authority to regulate small water bodies under the Clean Water Act. As a result, under George W. Bush the agency dropped hundreds of enforcement cases involving streams and isolated wetlands that share flood plains with or flow into the nation’s major water sources. The new rules would clarify the EPA’s authority to protect these waterways, based on a September report showing that they are vitally interconnected with larger ones. (This, of course, is common knowledge among ecologists.) Environmentalists say the move is long overdue. “This really isn’t an expansion of EPA’s authority,” Bob Wendelgass, the CEO of Clean Water Action, said recently. “It’s really a restoration of EPA’s authority.” But Republican lawmakers are framing the potential rule as assailing the rights of private citizens who have waterways on their property, with Reps. Lamar Smith (R-Tex.) and Chris Stewart (R-Utah) calling it “a massive power grab.” See the original article here: The EPA’s Bold New Agenda ; ;Related ArticlesHow Do Meteorologists Fit into the 97% Global Warming Consensus?Why Climate Change Skeptics and Evolution Deniers Joined ForcesPolar Bear Numbers in Hudson Bay of Canada on Verge of Collapse ;

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The EPA’s Bold New Agenda

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Republicans Refuse to Cover the Poor, Then Complain that Obamacare Isn’t Covering the Poor

Mother Jones

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The New York Times has gotten hold of the “House Republican Playbook” on Obamacare, and I have to admit that it brought back warm memories. It’s just like the launch kits I used to produce for our sales force whenever we came out with a new product, and I have to say that it looks very professional. For Eric Cantor’s sake, I hope his sales force pays more attention to it than my sales force used to pay to mine.

In any case, it’s all pretty predictable stuff: Obamacare is an abomination; people are losing their insurance; small companies are being ruined; etc. etc. But I have to say that this is my favorite talking point:

Needless to say, this is primarily because Republicans governors have refused to implement Obamacare’s Medicaid expansion, even though it’s 100 percent paid for at first and 90 percent paid for forever. These governors literally prefer to have their state’s residents pay taxes and get nothing in return rather than give so much as an extra dime to poor people who need health care. It’s truly hard to fathom what kind of human being is callous enough to do this, but apparently there are a bunch of them in the Republican Party.

And then, just to add a cherry of chutzpah on top of this ice cream sundae of spitefulness, they crow about how Obamacare isn’t covering as many people as Obama hoped it would. You really have to marvel.

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Republicans Refuse to Cover the Poor, Then Complain that Obamacare Isn’t Covering the Poor

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The Filibuster Is Dead (Partly)

Mother Jones

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CNN reports that by a vote of 52-48 in the Senate, the filibuster of judicial and executive branch nominees has been eliminated. The nuclear option has been detonated.

UPDATE: I was in the middle of writing a post about this when the vote was taken. Here’s what I was writing:

A few minutes before the vote, Dana Bash was on CNN talking about the Democratic effort to eliminate the filibuster for judicial nominees. “It’s going to make things a lot more tense in the Senate, if you can believe that,” she said. “I imagine it will provoke a lot of anger on the Republican side,” said another anchor. This was followed by some back-and-forth about just how angry Republicans would get and how they’d take advantage of this during next year’s midterms.

This is typical, and telling. Republican anger is always taken as a given, and always treated as genuine. But for some reason Democrats don’t get the same consideration. This despite the fact that Democrats stepped away from this brink several times already earlier this year, and the only reason they’re going forward now is because Republicans have finally pissed them off beyond endurance. Even the moderates have reached the end of their ropes. If things are tenser now in the Senate, Republican need only look in the mirror to find the cause. They’re no longer even pretending that they’ll allow President Obama to perform the normal functions of his office—functions that every other president in history has performed without any serious obstacles.

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The Filibuster Is Dead (Partly)

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How the Bush v. Gore Decision Could Factor Into This Close Virginia Race

Mother Jones

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All the votes from the November 5 election have been tabulated and the attorney general race is as close as they come. Democrat Mark Herring holds a slim 164-vote lead over his Republican opponent, Mark Obenshain. The close count has teed up a likely recount for next month, and the Republican candidate has hinted at an unusual legal strategy: basing a lawsuit on Bush v. Gore, the controversial Supreme Court decision that ended the 2000 presidential election in George W. Bush’s favor.

The Supreme Court usually prides itself on respecting the past while keeping an eye toward future legal precedent. But the court treaded lightly when they intervened in 2000. The five conservative justices may have handed the election to Bush, but they tried to ensure that their decision would lack wider ramifications. “Our consideration is limited to the present circumstances,” read the majority opinion in Bush v. Gore, “for the problem of equal protection in election processes generally presents many complexities.” The conservative majority wanted to put a stop to the Florida recount, but they hoped their ruling—which extended the Fourteenth Amendment’s equal protection clause to argue that different standards cannot be used to count votes from different counties—wouldn’t set precedent in future cases.

For a time the justices got their wish. But the supposed one-time logic of the controversial decision has begun to gain acceptance in the legal community—particularly among campaign lawyers in contentious elections.

Virginia GOP attorney Miller Baker challenged the attorney general results on Bush v. Gore grounds last week during a meeting of the Fairfax County electoral board, claiming the rest of the state lacked equal protection thanks to the county’s method for tabulating votes. The problem stems from a swath of uncounted provisional ballots in the region. Obenshain had led Herring after initial election-night results, but the Democrat closed the gap thanks to some misplaced votes in a reliably blue section of Fairfax County, a DC suburb. The Republican-dominated state Board of Elections then demanded that Fairfax change its procedure for provisional ballots midway through counting. But even after the changes, Fairfax still afforded residents several extra days to advocate on provisional ballots compared to the rest of the state. (Other counties had until the Friday after the election, while Fairfax allowed votes to be counted until the following Tuesday.)

Obenshain issued a statement last week that left his options open and mentioned the need for “uniform rules,” which election law expert Rick Hasen interpreted as a sign that the Republican is gearing up for a lawsuit that would base its challenge on Bush v. Gore.

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How the Bush v. Gore Decision Could Factor Into This Close Virginia Race

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Texas Anti-Abortion Law Looks Likely to Survive Court Challenge

Mother Jones

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Ever since the Republican landslide of 2010, conservative state legislatures around the country have been busily erecting barriers to abortion. The question is, how far can they go? At what point will the Supreme Court rule that these new laws have no legitimate motivation—improving patient safety, say, or guaranteeing informed consent—but are instead designed merely to make it burdensome for women to get abortions?1 Today brought a discouraging but oddly ambiguous omen on just how far the Court is likely to allow states to go:

The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital….Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so “unless that court clearly and demonstrably erred,” Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.

Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues.

This is discouraging because five justices voted to permit this Texas law to stand, despite abundant evidence that its only real purpose is to make it harder for clinics to hire doctors to perform abortions. But it’s weirdly ambiguous because Roberts and Kennedy declined to join the majority opinion. Unfortunately, my guess is that this is mostly for technical reasons, since this case will probably be back before the Court after the circuit court issues its final ruling. When that happens, I suspect that both Roberts and Kennedy will come down pretty firmly on the side of allowing states to enact virtually anything short of an outright ban.

1In case you’re not up on the lingo, these are known as TRAP laws—Targeted Regulation of Abortion Providers. They’re nothing new, but enactment of TRAP laws picked up serious steam after the 2010 midterms. More here if you’re interested.

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Texas Anti-Abortion Law Looks Likely to Survive Court Challenge

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Republicans Want to Torpedo the Insurance You Like Far More Than Obamacare Ever Will

Mother Jones

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Jon Chait notes today that to the extent conservatives have any kind of plan to replace Obamacare, their plans are generally far more disruptive to far more people. It wouldn’t just be one or two million people who have their plans canceled or suffer from rate shock, it would be tens of millions who would be forced to give up coverage they like. What’s more, contrary to a general preference for comprehensive coverage, Republicans almost universally prefer plans that dump huge amounts of risk on individuals:

The right’s dilemma grows more acute when you move from the general to the particular. Their argument is that Obama forces healthy people to pay higher premiums to pay for a bunch of crap they don’t want or need. Karl Rove argues in his Wall Street Journal column that Obamacare forces people to pay for “expensive and often unnecessary provisions.” And what provisions are these? Where is the medical equivalent of Bridge to Nowhere or scientific research on animals that Republicans love to mock? The problem turns out to be a requirement that “every policy offer a wide range of benefits including mental health and addiction treatment, and maternity care (even for single men or women past childbearing age), and cover 100% of the cost of an array of preventive services.”

This is a morally bizarre conception of what health insurance means. Most of us don’t need mental-health or addiction treatment. Some of us do. Some of us who don’t currently need mental-health treatment might potentially need it one day. You could have a system in which only people who need mental-health treatment pay for mental-health insurance, but then it wouldn’t be insurance anymore. It would be a system in which you pay for a doctor out of pocket.

I’ve identified the new “welfare mothers.” Are you ready? Mothers.

The whole point of insurance is to pool risk because you don’t know what kind of problems you might have in the future. Would it be better to allow people to choose from a menu of things they want individually, rather than simply covering everyone for everything and then spreading the cost around? That’s surely a matter of opinion, but most Americans don’t like the idea. They don’t like it substantively because it obviously promotes free riding, and they don’t like it emotionally because it just doesn’t smell right. When we sign up for employer coverage—by far the most popular kind of health coverage outside of Medicare—we all understand that we’re joining a risk pool. I’m paying for someone else’s maternity coverage. They’re paying for my blood pressure meds. We’re all paying for the possibility of some kind of catastrophic bout of cancer that we all dearly hope will be someone else’s problem. What’s more, we all understand that the benefits of employer health care are immensely unequal. A 50-year-old head of household receives benefits that are probably worth about $20,000 or so. A healthy 25-year-old single worker receives benefits worth about $4,000. Is that unfair? I wouldn’t say so, and Americans have voted with their feet for years in favor of this kind of system.

In any case, as Chait says, the most bizarre part of the current Republican screamfest is their objection to men being forced to pay for maternity coverage. Seriously? They think that the societal cost of carrying on the species should be borne solely by women aged 18-40? Young women should pay the full freight and the rest of us should give them a vote of thanks but otherwise tell them they’re on their own? That’s morally contemptuous, and I’m pretty sure that most of us understand that.

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Republicans Want to Torpedo the Insurance You Like Far More Than Obamacare Ever Will

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George W. Bush Still Plans to Appear at Jews-for-Jesus-like Event Tonight

Mother Jones

Despite an uproar in the Jewish community, former president George W. Bush is still slated to deliver the keynote address to a fundraiser for the Messianic Jewish Bible Institute in Irving, Texas, tonight. The MJBI trains people to persuade Jews to recognize Jesus as their messiah. Followers of the group believe that if enough Jews are converted, Christ will return to Earth.

After Mother Jones broke the news about Bush’s appearance last week, “a small shitstorm…kicked up over the President’s decision,” writes Rob Eshman, editor of the Jewish Journal of Greater Los Angeles.

“I have yet to meet a Jewish person who hasn’t heard about this,” Tevi Troy, Bush’s White House liaison to the Jewish community from 2003 to 2004, told CNN Wednesday. Troy had high praise for Bush’s support of Israel and the Jewish community, but, he added, “I would be lying if I said I wasn’t disappointed.” A spokesman for the Republican Jewish Coalition did not respond to a request for comment.

The Jewish Federation of Greater Dallas, the Jewish Community Relations Council, and the Rabbinic Association of Greater Dallas issued a statement Tuesday expressing their disappointment regarding Bush’s scheduled appearance: “Support of this group is a direct affront to the mutual respect that all mainstream religious groups afford each other to practice the principles of their respective beliefs.”

Bush’s decision to raise money for MJBI “is really painful to so many in the Jewish community,” Rabbi David Saperstein, director of the Religious Action Center of Reform Judaism, said on MSNBC, because MJBI’s “primary purpose is to convert all Jews to a different religion. How do you have a respectful relationship if the measure of success of one group is the ending of the other group by having them convert away from their own religion?”

Saperstein, who has worked with Bush on religious freedom issues, described Bush’s decision as “mystifying.” That’s a sentiment shared by conservatives, including Commentary magazine’s Jonathan Tobin, who writes that Bush, who has largely avoided political controversies since leaving the White House, has “stepped into one with both feet.”

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George W. Bush Still Plans to Appear at Jews-for-Jesus-like Event Tonight

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