Barack Obama

Why A President Romney Would Find It Hard To Repeal 'Obamacare'

Brian Beutler | January 18, 2012, 5:27AM

Mitt Romney

Should he win the nomination and the presidency, then on inauguration day in 2013, after all the pageantry has subsided, Mitt Romney will face a key test: does he take aggressive action to roll back Obamacare as he and every other GOP contender has promised? Or will he accede to pragmatic realities and seek detente with Democrats on the issue that has most divided the parties over the past three years?

The amount of money, strategizing, myth-making, and political capital that Republicans have already thrown at the health care law will make it very difficult for Romney or any GOP President not to enter office with guns blazing. But many of the would-be policy makers who have made dismantling the law their top priority haven't given any real thought to how, mechanically, to unwind it. A closer look reveals that chipping away at Obamacare, or even repealing it altogether will be a daunting challenge, and even if successful will leave the Republican party holding the bag politically for the policy muddle they will create in the process.

"It would be a mess," said Donald Berwick, who led the law's implementation last year as Obama's Centers for Medicare and Medicaid Services director. "If I was given the assignment of unwinding the law, I wouldn't know how to do that. I would thoroughly disagree with it but it would be technically very difficult."

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Health Care

Key Reform Ally Dishes On 'Weak-Kneed' White House Health Care Push

Brian Beutler | January 18, 2012, 5:25AM

President Barack Obama

In an encyclopedic new book that sheds fresh light on the defining fight of President Obama's first term, one of the administration's key health care reform allies recalls a thin-skinned, "weak-kneed" White House, strategically unwilling and temperamentally unable to face criticism from progressive reformers, whose toughest tactics were reserved for its natural allies.

Many of the revelations will be unsurprising to those who followed the year-long fight over health care reform closely. But they serve as a thorough reminder of the administration's uneven strategy during the debate, including its horsetrading with private industry, and private dealing with supporters on the left -- particularly those, like the author, who fought a bruising fight for a public health insurance option and lost.

The book is Fighting For Our Health, by Richard Kirsch, who directed the advocacy group Health Care for America Now during the push for reform. HCAN is a well financed umbrella group backed by scores of liberal groups, unions, and other reformers -- making Kirsch a close witness to the entire saga. He confirms that the White House treated the public option like a bargaining chip with powerful industry players, and believes that when his group became most critical of the bill mid-way through the fight, that top White House aides sought to have him canned.

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Rick Santorum

Hmmm... Santorum's Healthcare Pitch Sounds An Awful Lot Like Obamacare For The Elderly

Brian Beutler | January 9, 2012, 2:11PM

Ever since Republicans in Congress voted overwhelmingly for Paul Ryan's budget, the GOP has expected its leading Presidential candidates to back a similar Medicare privatization scheme. Most of them have followed suit. Rick Santorum is trying to have it both ways.

During Sunday morning's NBC debate, the come-from-behind winner of the Iowa caucuses talked about his Medicare pitch to voters.

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Health Care

DOJ Files Brief Defending Key Health Care Law Provision To SCOTUS

Brian Beutler | January 6, 2012, 3:42PM

President Barack Obama speaks on the economy in Shaker Heights, OH on January 4, 2012.

Here's the Justice Department's brief defending the new health care law's individual Supreme Court.

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Barack Obama

More Backlash For Wyden Than For Ryan On Controversial Medicare Plan

Brian Beutler | December 15, 2011, 3:35PM

Sen. Ron Wyden (D-OR) and Rep. Paul Ryan (R-WI)

Sen. Ron Wyden wants to assure his colleagues he hasn't undermined them politically. In a head-turning move, Wyden announced Wednesday that he's teamed up with House GOP budget chair Paul Ryan on a policy framework to partially privatize Medicare -- a move that stunned his fellow Democrats.

Setting aside the policy -- which would in essence turn Medicare into ObamaCare with a robust public option -- the very existence of the plan has deep implications for the 2012 elections, most of them bad for his own party.

Speaking to reporters Thursday after an event with Ryan, Wyden said the political ramifications are overblown.

"Nobody ducks their past votes and their previous statements," Wyden said. "That's just a given."

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Medicaid

ObamaCare Challenge Exposes Conservative Hypocrisy On Federal Power

Brian Beutler | December 12, 2011, 1:21PM

The Supreme Court in Washington, DC

Next year policy wonks, politics junkies, and legal experts will wait with bated breath for the Supreme Court to determine the constitutionality of a key section of President Obama's health care law: the mandate that uninsured individuals purchase health care coverage.

But the court will also review another major piece of the law -- the requirement that states expand Medicaid eligibility to people with incomes of up to 133 percent of the federal poverty line. This is no small expansion. Of all the millions of people expected to become insured under the law, about half will be covered through Medicaid.

For the first several years, the federal government will pay the states for the full cost of the expansion. After 2020, the federal contribution will drop to 90 percent. States with conservative governors don't like this one bit. But Medicaid is a voluntary program -- if states don't like the terms and conditions the government sets for the program, they're free to drop out of it.

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Payroll Tax Cut

GOP's Keystone Pipeline Gambit Distracts From Other Measures

Brian Beutler | December 9, 2011, 1:28PM

House Speaker John Boehner (R-OH) and President Barack Obama

In a bid to consolidate support within their caucus -- and to flip the bird to President Obama -- House Republicans have tacked a provision on to their payroll tax cut bill that would force the administration to decide whether to allow construction of the Keystone XL pipeline within 60 days, instead of after the election next year as the administration currently plans.

Though controversial outside of Washington, the pipeline has bipartisan support in Washington, and Republicans -- itching for this fight -- are banking on the idea that some Democrats will cross the aisle and put Senate Dems and Obama in a tough spot.

And to some extent they've been successful. Obama strongly suggested he'd veto the bill over the provision, Senate Majority Leader Harry Reid has called it dead on arrival, and many in the media have painted the GOP's bill as providing Dems a choice between passing the payroll tax cut and blocking the Keystone pipeline.

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Nancy Pelosi

Pelosi Puts The Kibosh On GOP Payroll Tax Cut Strategy

Brian Beutler | December 2, 2011, 5:15PM

House Minority Leader Nancy Pelosi

House Minority Leader Nancy Pelosi (D-CA) says Republicans can forget about using the looming expiration of a year-long payroll tax holiday for workers to squeeze a host of unrelated conservative priorities through Congress, and projected confidently that her party has the GOP cornered on the issue.

In an exclusive interview Friday with TPM, Pelosi sketched out the Democrats' strategy for renewing (and possibly expanding) the payroll tax cut, which most economists say would promote job creation next year -- when persistent unemployment will be at the center of the election debate.

"It is really a stalling tactic," Pelosi said of recent reports that Republicans want to use the lapsing tax cut as leverage to pass key GOP priorities, including construction of a major oil pipeline from the Canadian border to the Gulf of Mexico, and rolling back Obama's health care law. "It's unworthy of the needs of the American people for them to go all around the mulberry bush with this stuff. If they want to do something for the American people -- to remove the uncertainty as to whether these payroll tax cuts will be extended, whether [unemployment insurance] will be extended ... let's just get about doing it."

"They know that this stuff isn't going to fly, that the President's not going to sign it -- so why are they doing this," Pelosi says. "It's about votes at the end of the day, and some of their people are never going to vote for anything, so they're going to need our votes, we're going to have to work together, and they're going to need the President's signature -- and they're going to need it to pass the Senate."

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Medicare

GOP Filibuster Ends Tenure Of Health Care Cost Cutting Expert

Brian Beutler | November 23, 2011, 1:45PM

President Obama hasn't used his recess appointment power very often. But he didn't hesitate to install Donald Berwick as the administrator of the Center for Medicare and Medicaid Services without Senate confirmation over a year ago, to lead the implementation of the new health care law. Berwick's has, without a doubt, been Obama's most important recess appointment, and his most effective. But he will step down early next month -- a few weeks before his term expires -- because filibustering Republicans continue to deny him an up or down vote.

The GOP claims its opposition is rooted in Berwick's past praise of Britain's state-run National Health Service. But his powers as CMS administrator obviously stop well short of socializing the United States health care system. So what gives?

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Health Care

Poll: Majority Now Support The Individual Mandate

Eric Kleefeld | November 14, 2011, 11:16AM

Image From Lenetstan / Shutterstock

A new CNN poll on the issue of health care reform finds that support for the law's central and most controversial element, the individual health insurance mandate, has climbed into majority territory.

In the new poll, support for the individual mandate -- requiring people to get health insurance -- has climbed to 52%, with 47% opposed. When the last survey was taken in June, that a majority of 54% opposed it, with 44% in support.

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Obamacare

Supreme Court To Review Obamacare Individual Mandate

Brian Beutler | November 14, 2011, 10:30AM

The U.S. Supreme Court building

The U.S. Supreme Court will review the constitutionality of a key part of President Obama's health care law, and will likely issue a decision by July 2012, in the middle of next year's election.

Monday's announcement comes just days after the latest appeals court ruling on the law's mandate that people purchase health insurance. The three judge panel in the District of Columbia upheld the constitutionality of the provision, as have several other appeals courts. One has ruled that the provision should be stricken.

However, it's that particular case the Supreme Court has chosen to review -- one joined by over two dozen states and the National Federation of Independent Businesses. It has journeyed through conservative district and circuit courts, both of which ruled with plaintiffs, so it may not be the ideal bellwether. But as conservative reporter Philip Klein notes, very bright conservative litigators are arguing this one.

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Obamacare

How Grover Norquist Anti-Tax Pledge Could Foil GOP's Latest Obamacare Repeal Push

Brian Beutler | November 9, 2011, 3:28PM

Grover Norquist

Here's one example of how Grover Norquist's Taxpayer Protection Pledge boxes in Republican members, even on issues near and dear to the GOP base.

The details here were first reported by Inside Health Policy but it illustrates a point Republicans on the deficit Super Committee are all too familiar with. Starting in 2014, the health care law will automatically start providing tax credits for individual market health care policies -- the subsidies that will help uninsured people buy coverage.

Republicans want to stop the money from going out before it starts, so they've introduced legislation to repeal the subsidies. Except, since these are tax credits and not direct spending, repealing them could count as a tax increase as far as the taxpayer protection pledge is concerned.

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Newt Gingrich

Former Directors Blast Gingrich's Plan To Eliminate Congressional Budget Office

Brian Beutler | November 9, 2011, 6:00AM

Former Speaker Newt Gingrich (R-GA)

Newt Gingrich wants to swing into Washington like a wrecking ball and demolish the key barriers between the GOP and the end of universal health care. But his primary target isn't Obamacare itself. Rather it's a non-partisan agency most people outside the beltway have never heard of -- but that the D.C. establishment would arise and take arms to protect.

"If you are serious about real health reform, you must abolish the Congressional Budget Office because it lies," Gingrich said at a Saturday debate with embattled pizza entrepreneur Herman Cain. "Every hospital will tell you that if you get the family and patient involved, it is better and less expensive. The Congressional Budget Office refuses to see this as a savings. It wants more bureaucracy and less patient involvement."

In a technical sense, Gingrich is correct. The Congressional Budget Office will make it hard for Republicans to completely repeal Obamacare, even if they unify control of government in 2013. CBO is the agency that evaluates for lawmakers the impact their legislation is expected to have on the federal budget. And unfortunately for Republicans, the health care law was devised to score as a deficit reducer, particularly after its first 10 years of existence. By direct corollary, the CBO says repealing the whole thing would increase projected deficits. For political and (more importantly) procedural reasons, that would make a complete repeal almost impossible.

Some Republicans want to change the rules that make CBO's words so powerful. Gingrich, by contrast, wants to get rid of CBO altogether. In response, former CBO heads are leaping to its defense -- including a key conservative economist, influential among Republicans.

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Health Care

D.C. Appellate Court Upholds Constitutionality Of Obamacare

Brian Beutler | November 8, 2011, 11:49AM

President Barack Obama

A three-judge panel on the D.C. Circuit Court of Appeals -- comprised of two judges appointed by Republican presidents and one by a Democrat -- upheld the constitutionality of a key section of President Obama's health care law in a ruling released Tuesday.

Senior Judge Laurence Silberman and Judge Harry Edwards ruled to uphold the law -- specifically the mandate that requires Americans to purchase health insurance -- on the merits. Judge Brett Kavanaugh dissented from their ruling, but he, too, would have ruled against the plaintiffs seeking to overturn the mandate. His opinion argued that federal courts lack jurisdiction to enjoin the mandate, which functions similarly to a tax.

Silberman, a conservative all-star, was first nominated to the D.C. Circuit by Ronald Reagan, and became a senior judge when Kavanaugh -- a George W. Bush nominee -- was confirmed to the court. Edwards was nominated by Jimmy Carter.

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Super Committee

Why The Super Committee Is Heading For Super Catastrophe

Brian Beutler | November 8, 2011, 5:48AM

As of Tuesday morning, betting on the Super Committee to succeed would be playing the odds.

A key member of the Senate Democratic leadership team has openly predicted the panel will gridlock and fail, and placed the blame squarely on Republicans.

As GOP committee members met privately, Maryland Rep. Chris Van Hollen -- a Democrat on the panel -- told Bloomberg, "You need to close some of these tax loopholes and you need to generate additional revenue. And so that balance is going to be important. We saw the dueling letters just last week. We had a bipartisan group in the House that said, 'Look, everything is on the table including revenues - tax revenues.' And within 24 hours you had 33 [Republican] Senators say, 'no new net tax revenues.'"

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Government Shutdown

Democrats Demand Boehner Avert Government Shutdown Threat

Brian Beutler | November 1, 2011, 10:57AM

Minority Whip Steny Hoyer (D-MD) and the vast majority of House Democrats have signed a letter to Speaker John Boehner (R-OH) pushing him to strip partisan policy riders out of must-pass legislation to fund the government after the money runs out later this month.

Yes, here we go again. House Republicans are advancing appropriations bills loaded with controversial measures that would defund the new health care law, scrap key environmental protections and more.

"As you know, there is longstanding precedent not to use appropriations bills to enact major changes in national policy, and the bills being reported from Appropriations subcommittees this year violate that precedent," wrote Hoyer in a letter signed by 182 other Democrats. "While not all policy riders are objectionable, many of those included this year are not only controversial but blatantly partisan. Included riders would block the implementation of the Affordable Care Act, roll back important clean air and clean water protections, and place new restrictions on women's access to a full range of medical and health services, among others."

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Affordable Care Act

Kaiser: Health Care Reform Favorability At New Low

Kyle Leighton | October 28, 2011, 9:03AM

A new survey from the Kaiser Family Foundation shows the Affordable Care Act (ACA) with its lowest ever level of support in their polling, a huge shift from September, when Americans' view of the new health care reform law ran nearly even at 41 percent favorable versus 43 unfavorable. The October poll showed that 51 percent of Americans have an unfavorable view, against 34 percent who see it positively.

Kaiser has tracked the popularity of the new law since it was passed, and it's been fairly popular some past surveys: in June of 2010, 50 percent of Americans liked what they saw with only 35 percent disliking it. But for the most part, the ACA favorability numbers have remained in the 40 percent range on either side.

Of course, many of the provisions actually in the health care law haven't been implemented yet. Kaiser has a very handy breakout of what's currently in effect by the law's timeline and the areas of policy that each provision effects here. For instance, a majority of the insurance provisions have not yet gone into effect, including major (and some might say the MOST important) reforms like guaranteed availability of insurance and essential health benefits, neither of which will happen until 2014.

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Super Committee

As Super Committee Gridlocks, Influential Conservatives Harden Their No-Tax Demands

Brian Beutler | October 27, 2011, 6:00AM

Surprise! The deficit Super Committee is gridlocked! Because Republicans don't want to raise taxes revenues at all.

And with less than a month to go before the Committee's statutory deadline, the GOP's leading lights and the stars of the conservative movement aren't relenting one bit, leaving the panel's Republicans little room to maneuver.

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Veterans

White House: 'We Can't Wait' To Put Vets Back To Work

Susan Crabtree | October 25, 2011, 12:33PM

A soldier helps guard the Rumelia Oil Field in southern Iraq on April 2, 2003.

As part of its new "We Can't Wait" for Congress theme, the White House has announced an initiative to help veterans of the Iraq and Afghanistan wars get back to work.

The latest effort, part of a comprehensive plan to transition veterans from the battlefield to the workplace, challenges community health centers around the country to hire 8,000 veterans over the next three years.

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Health Care

CHART OF THE DAY: Repealing ObamaCare Would Be Disastrous For The Budget

Brian Beutler | October 24, 2011, 2:37PM

President Barack Obama

The Government Accountability Office has updated its fiscal outlook for the U.S. government and come to some familiar conclusions. The country has a long term imbalance that will have to be addressed, but not until today's economic woes have passed. If Congress simply does nothing -- and allows the Bush tax cuts, and other temporary laws to expire -- the country's fiscal health will improve significantly over the long term.

But the report implies something that's been lost in the recent partisan debate over the country's future: repealing ObamaCare would consign us to swift, ugly fiscal and health care crises.

The health care reform law will extend subsidized private health insurance to millions of Americans, paid for with new taxes and Medicare savings. But it also included numerous demonstration projects and reforms intended to rein in the growth of health care costs, and thus Medicare spending. Some of them have great promise -- if they can survive.

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Barack Obama

GOP Takes Aim At Companies On Obama's Jobs Council

Susan Crabtree | October 20, 2011, 12:14PM

House Republicans are no longer content to use the investigative powers of Congress to go after President Obama's healthcare overhaul by compelling Obama administration to cough up information and testify before their committees.

In recent weeks, the GOP has launched a dragnet for internal information from companies with ties to the White House about the healthcare law and its impact on business.

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Health Care

Paul Ryan Predicts SCOTUS Will Strike Health Care Law Mandate Giving GOP Leverage To Nix Obamacare

Brian Beutler | October 6, 2011, 11:32AM

Rep. Paul Ryan (R-WI) wants Congress to retain control of the fees that the United States Patent and Trademark Office collects and divert them to other government programs.

The chairman of the House Budget Committee -- and author of the GOP's controversial budget -- predicted Thursday that the Supreme Court would nix the individual insurance mandate in President Obama's health care law. But though he outlined alternative means by which to assure universal health care coverage that he supports, he said the GOP would use the Court's action to force a fight over dismantling Obamacare.

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Barack Obama

Conservatives Hope To Repeal Obamacare Using A Tactic They Once Decried

Brian Beutler | October 5, 2011, 12:14PM

Jim DeMint

Though the official GOP push to repeal the health care law has slowed since Republicans took power in January, the right flank of the House and Senate haven't quieted down at all. And on Wednesday, several of them gathered outside the Capitol with the anti-reform group "Repeal It Now" in front of a stack of boxes which they claim contained 1,600,000 signed petitions demanding the entire law be repealed.

But though the members are pursuing complete -- not partial -- repeal of the law as soon as possible, they acknowledged they may have to wait until next Congress to make any headway. That's when they might have enough power to use some of the same procedural tools Democrats used to pass the bill.

"Turnabout's fair play," said Rep. Steve King (R-IA).

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Jobs

Dems Float Surtax On Millionaires To Pay For Jobs Bill

Brian Beutler | October 4, 2011, 6:07PM

Sen. Harry Reid (D-NV)

Seeking to consolidate party support for President Obama's jobs bill, Senate Democrats are considering a proposal to impose a five percent surtax on millionaires to pay for the legislation, according to two party aides.

As currently written, Obama wants the joint Super Committee to increase its deficit reduction target by enough to pay for the whole jobs bill. That way its cost could be offset by spending cuts and revenue measures and other reforms that have bipartisan support. But failing that, Obama's bill would trigger a series of new taxes on wealthy Americans, including oil and gas companies, hedge fund managers and others.

This enforcement mechanism caused some strife in the Democratic caucus. Now, driven by party leadership and Sen. Max Baucus (D-MT), whose powerful Finance Committee has jurisdiction over the jobs bill, they're considering a simpler, less parochial, and thus less divisive measure.

A Senate Dem aide cautioned that nothing's final yet, and the party could ultimately settle on different measures. And there's a history of broad Democratic support for raising taxes on millionaires.

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Mitch McConnell

McConnell: Congressional Gridlock Is...President Obama's Fault?!

Brian Beutler | October 4, 2011, 1:36PM

Sen. Minority Leader Mitch McConnell (R-KY)

Here's a novel idea for congressional Republicans: faced with the blame for nearly three years of legislative gridlock, claim that the real fault lies with...President Obama?

Here's Senate Minority Leader Mitch McConnell (R-KY) on the Senate floor Tuesday. "The second reason the White House didn't send these agreements up sooner is that the political operators over at the White House seem to believe that they benefit from the appearance of gridlock," McConnell said. "They're over there telling any reporter who will listen that they plan to run against Congress next year. Their Communications Director said as much to the New York Times two weeks ago. So that's their explicit strategy -- to make people believe that Congress can't get anything done.

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Government Shutdown

Dems Fuming Over GOP Threats To Planned Parenthood, Health Care Law

Brian Beutler | September 29, 2011, 4:58PM

House Minority Whip Steny Hoyer (D-MD), Senate Majority Leader Harry Reid (D-NV) and House Minority Leader Nancy Pelosi (D-CA)

House Republicans are attaching controversial cuts and policy measures to legislation required to run the biggest domestic department in the federal government, and if they don't back off there will likely be, you guessed it, another government shutdown fight.

Already, Democrats in both chambers are saying a draft of the House's Labor/Health and Human Services appropriations bill is dead on arrival, because it contains deep cuts to heating assistance for the poor, requires the repeal of a major provision of the health care law that will help provide assistance for disabled people, halts implementation of the entire law until the Supreme Court determines the constitutionality of its individual insurance mandate, and slashes Planned Parenthood and public broadcasting. Just for starters.

A Senate Dem aide familiar with appropriations issues weighs in with the following statement.

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Health Care

Obama Administration Moves Aggressively To Put Health Care Law Before Supreme Court

Brian Beutler | September 28, 2011, 4:13PM

The Obama administration has taken its aggressive legal defense of the new health care law to a new level.

In an unexpected twist, the Justice Department is asking the Supreme Court to swiftly overturn an 11th Circuit Court of Appeals ruling that the law's mandate requiring people to buy insurance is unconstitutional -- the only Circuit Court to rule this way so far.

"[T]oday, the Obama Administration will ask the Supreme Court to hear this case, so that we can put these challenges to rest and continue moving forward implementing the law," wrote Stephanie Cutter, a senior Obama adviser, on the White House blog. "We know the Affordable Care Act is constitutional. We are confident the Supreme Court will agree."

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Barack Obama

Obama's Plan Is The Opposite Of Paul Ryan's Plan -- For Good Reason

Brian Beutler | September 20, 2011, 6:05AM

President Obama's first term has been marked by a tendency to take the liberal policy consensus on any issue, move five clicks to the right, and begin negotiations having already conceded quite a bit to conservatives.

His new push to pass a $447 billion jobs plan, and reduce out year deficits in large measure by raising taxes on the rich marks a significant departure from the status quo ante. And it sets Obama up for a risky, but important and necessary fight with Republicans over the country's future.

Put it all together and his plan would juice the economy in the near-term, and pursue a vision for the country that's just about the opposite of the GOP's. In effect, it serves as a rebuke to House Republicans -- and particularly House Speaker John Boehner -- who walked away from an equally far-reaching plan that would have been much friendlier to conservative interests.

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Kathleen Sebelius

GOP Attacks On Medicare Cuts In Health Care Law Prove False, Says HHS

Brian Beutler | September 15, 2011, 12:07PM

Sec. of Health and Human Services Kathleen Sebelius

One of the most persistent GOP attacks on the new health care law is that its Medicare savings, including cuts to Medicare advantage overpayments, would cripple the program.

Not true.

"On average, Medicare Advantage premiums will go down next year and seniors will enjoy more free benefits and cheaper prescription drugs," says HHS Secretary Kathleen Sebelius in a statement.

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Super Committee

Over GOP Objections, Budget Hawks Say Super Committee Should 'Go Big'

Brian Beutler | September 13, 2011, 5:57AM

President Barack Obama President, with Erskine Bowles (left) and Sen. Alan Simpson (right.)

Democratic and Republican members of the joint deficit Super Committee will meet Tuesday for their first substantive meeting, which will examine the history and driver of the country's debt, and the risk it poses in the future.

It will be the committee's second meeting overall and its first since President Obama pushed the panel in his joint address to Congress to find significantly more than the $1.2 trillion in deficit reduction they're required to find, to finance a near-term jobs bill.

That pressure has some Republicans saying that Obama's needlessly complicated the committee's task -- finding $1.2 trillion in cuts, revenues and savings is hard enough! -- and members should keep their eyes on the more modest goal spelled out in the debt limit law.

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Health Care

Fourth Circuit Court Throws Out Lawsuit Against Affordable Care Act

Benjy Sarlin | September 8, 2011, 11:58AM

Image From Lenetstan / Shutterstock

The 4th Circuit Court of Appeals threw out a challenge to President Obama's signature health law on Thursday, deciding that the plaintiffs in the case didn't have standing to contest the legislation.

The three-judge panel determined that a lawsuit by Virginia Attorney General Ken Cuccinelli and challenging the health care law's individual mandate should be dismissed on jurisdictional grounds. In a separate ruling, the majority determined that a separate lawsuit by Jerry Falwell's Liberty University should not proceed as well. In previous hearings, judges had expressed skepticism that Virginia had the standing to challenge the mandate section of the bill given that it applied to individuals and not state institutions.

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Barack Obama

Obama's Biggest Challenge Thursday, One Of His Own Making

Brian Beutler | September 7, 2011, 9:10AM

President Barack Obama

Barack Obama will face a daunting challenge Thursday evening when he attempts to focus the government's attention away from consolidating the federal budget, and back on to immediate job creation. Here's a partial list of hurdles: Republicans oppose all new spending, unless it's offset by cuts to key federal programs; they oppose most of the specific spending measures that experts say would create jobs; many Democrats, scared of their own shadows, won't support anything that doesn't have bipartisan support; the public has soured on Keynesian spending policies, and particularly the word "stimulus"; and the White House, quite understandably, doesn't want to be left fighting for a policy that voters oppose from the outset.

To put things in starker relief, no less than his presidency and the economic fate of millions of Americans is at stake.

That's a tall order -- but it is, in part, one of Obama's own making.

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Republicans

Cantor Jobs Memo Calls For Repeal Of Health, Environment, Labor Rules -- And For More Tax Cuts

Brian Beutler | August 29, 2011, 10:34AM

Rep. John Boehner (R-OH) and Rep. Eric Cantor (R-VA) with members of the Republican House leadership

When Congress returns from recess, House Republicans will begin a continuous assault on a series of health, environmental and labor regulations, which they say are hampering job creation. And they'll twin it with two tax cuts for both large and small businesses. One of those cuts will actually be aimed at preventing a scheduled tax increase -- but it's not the payroll tax cut President Obama has asked Congress to extend.

In a memo to members, House Majority Leader Eric Cantor (R-VA) laid out a list of 10 rules, most of which have yet to be implemented, which they'll seek to prevent week by week. These include regulations that would limit the amount of mercury and other toxins boiler and incinerator operators can burn into the atmosphere; that could make it easier for workers to unionize; and that assure that employer insurance policies exempted from new health care law -- so-called "grandfathered" plans -- meet the law's basic requirements and aren't gamed by employers to reduce workers' existing benefits.

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Super Committee

Biden: Super Committee Could Easily Gridlock

Brian Beutler | August 23, 2011, 10:32AM

V.P. Joe Biden

The man who led the first in a series of failed Congressional debt limit negotiations says it's still quite likely that the new joint Super Committee, tasked with reducing the deficit by another $1.5 trillion over 10 years, will gridlock, triggering unpalatable penalties.

The new 12-member panel has "a shot of getting a deal that would be viewed by Wall Street, be viewed by everyone, be viewed by the international community as a significant alteration of a trajectory of long-term debt.... We still may end up with the trigger being pulled," Vice President Joe Biden told reporters traveling aboard Air Force Two in Asia. Reaching a deal will be "very difficult," he added.

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Barack Obama

'Obama Cares': President Tries To Reclaim Label From The Right

Thomas Lane | August 15, 2011, 2:41PM

Since Barack Obama first came to office with plans to reform the country's healthcare system, conservative critics have derogatorily branded his policies as "Obamacare."

Speaking today in Cannon Falls, Minnesota, the President pushed back by embracing the term.

"I have no problem with folks saying 'Obama cares'," he told the crowd. "I do care."

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Health care lawsuits

11th Circuit: Health Care Law's Individual Mandate Is Unconstitutional

Brian Beutler | August 12, 2011, 2:15PM

In a split decision, a three-judge panel on the 11th Circuit Court of Appeals has determined that the health care law's individual mandate exceeds Congress' Commerce Clause powers and is therefore unconstitutional. However, unlike the district court ruling preceding this case, the judges found the mandate to be "severable" and thus holds that the rest of the law can stand.

In a joint opinion, Judges Joel Dubina -- a Reagan appointee elevated to the circuit court by George H.W. Bush -- and Frank Hull -- a conservative Clinton appointee -- "concluded that the individual mandate exceeded congressional authority under Article I of the Constitution because it was not enacted pursuant to Congress's tax power and it exceeded Congress' power under the Commerce Clause and the Necessary and Proper Clause."

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Health Care

DeMint: Obama Administration The 'Most Anti-American' In My Lifetime

Brian Beutler | August 11, 2011, 11:25AM

Jim DeMint

Conservative power-broker Sen. Jim DeMint (R-SC) ran through his litany of complaints about President Obama on Janet Meffered's Christian conservative radio show Wednesday, and concluded that of all the anti-American administrations in his lifetime, Obama's is the most anti-American.

"We saw within a few days that this President was going to be heavy-handed, he was going to implement his agenda and pay back his political allies, and it just went on from there to ObamaCare and then to Dodd-Frank," DeMint said.

It has been the most anti-business and I consider anti-American administration in my lifetime. Things that are just so anathema to the principles of freedom, and everything he has come up with centralizes more power in Washington, creates more socialist-style, collectivist policies. This president is doing something that's so far out of the realm of anything Republicans ever did wrong, it's hard to even imagine.

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Medicare

Obama Sides With Panetta On Need To Cut Medicare Over Defense

Brian Beutler | August 8, 2011, 3:32PM

Secretary of Defense Leon Panetta

Last week, Congressional Democrats were blindsided by newly-confirmed Defense Secretary Leon Panetta, who basically nixed any further cuts to military spending, and demanded that lawmakers trim from programs like Medicare and raise taxes to reduce future deficits.

Soon a new deficit Super Committee will begin debating tax and entitlement reform, and the penalty if they gridlock includes steep defense cuts. Republicans are expected to seize on Panetta's remarks to push for another deficit deal that comes exclusively from entitlement cuts. So Rep. Barney Frank (D-MA) called on President Obama to repudiate Panetta.

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Steve King

Steve King: Covering Birth Control Will Make Us 'A Dying Civilization'

Jillian Rayfield | August 2, 2011, 6:26PM

Rep. Steve King (R-IA)

Rep. Steve King (R-IA) thinks it's "Orwellian" that the federal government would require health insurance providers to cover birth control, and that if left unchecked the policy could allow the U.S. to become "a dying civilization."

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Birth Control

Insurers Required To Cover Birth Control With No Copays

Megan Reback | August 1, 2011, 1:36PM

The Obama administration announced on Monday that health insurance plans must cover birth control with no copays, among other reproductive health care services, as preventative care for women. The requirement will apply to health care plans beginning on or after August 1, 2012. The announcement comes just a month after Health and Human Services released a recommendation that sought to expand preventative services for women under Obama's health care law.

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