An Inartfully Drafted Law, Indeed: Obamacare Upheld


In the wake of The Supreme Court wrangling language to uphold Obamacare yesterday, many opinions happened. From Chief Justice Roberts being declared a fake conservative who hates the rule of law, to Justice Scalia achieving the title of “Most Metal” SCOTUS judge, people and pundits are still processing what it means that our highest court in the land has ruled to keep a law that — and make no mistake about this — will continue to not work and therefore be an economic and logistical disaster, be very expensive, and be very, very hated. (And, for those kids posting .gifs of Obama as the cool kid for “winning”, please do some research. He’s won nothing. Nor have you.)

Anyway, let me just pile on with an opinion of my own, and it might be slightly in defense of Roberts because I maybe, kinda, can see what he’s doing. But by doing anything, he’s doing what he says he doesn’t want to do. I know. Let me explain…

I agree with that Cato piece up top when it says:

Afraid that ObamaCare as written would throw the sickest patients out of their health plans a second time, the Court rewrote ObamaCare to save it—again. In doing so, the Court has sent a dangerous message to future administrations: If you are going to violate the law, make sure you go big.

UPDATE: They Got It — Court Watcher: ACA’s Defenders Should Hope for Judicial Activism in King v. Burwell

EDITOR’S NOTE: This was originally published in April of this year. We’ll have a fresh post later today; but this is a fair, prescient write-up of what just happened. We apparently have psychics on staff.


Earlier this week Harvard ConLaw professor Noah Feldman posited in a Bloomberg View column that Obamacare supporters better hope that liberal Justice Anthony Kennedy (pictured above, right) provides the crucial vote to uphold the Patient Protection and Affordable Care Act’s subsidy provisions as promulgated by the Internal Revenue Service, which would be strong judicial activism on Kennedy’s part:

CBO Report on Repealing Obamacare and Voxsplaining Muddy Interpretations


The Supreme Court decision on ACA — The Affordable Care Act or the always evocative Obamacare — could be handed down this morning and, because no one seems to have a really good read on which way The Court will go  (Chief Justice Roberts shocked many a conservative the last time he took a long, hard look at this legislation, remember?), there have been some rather interesting stories coming out in preparation for whatever the decision may be.

The Huffington Post, for example, calls the divide over the public’s taste for the law “ambivalence”, and suggests it really comes down to partisanship. Of course, saying that someone likes or dislikes Obamacare BECAUSE they’re one party or the other is silly. It’s probably more true to say someone identifies with one party over another BECAUSE of policies like Obamacare:

The Supreme Court could issue a ruling in King v. Burwell, the lawsuit threatening to undermine a key part of the Affordable Care Act, as early as Monday. But the debate over President Barack Obama’s controversial health care law is likely to continue no matter how the justices rule. And one reason is that Americans, on the whole, remain deeply ambivalent about it…

The first and more obvious factor is partisanship. No single characteristic better predicts how a person feels about the health care law than his or her partisan affiliation. Republicans tend to think the law is a failure, while Democrats tend to think it’s a success — most likely because they are reacting to the party leaders and news sources they trust and distrust and because they have genuine philosophical differences about the law’s virtues.

As We Await Word on The King v. Burwell Decision, Let’s Revisit Why It’s Before SCOTUS: The Disaster of Cover Oregon

cover oregon

Like dominos crashing in a row, many States are realizing their Obamacare exchanges are either bleeding money, on the brink of insolvency, or sadly shutting down their State controlled operations and placing their citizens’ healthcare under the federal exchange and Washington bureaucrats.

According to a recent and important story in The Hill, many of the 13 states that established their own health care exchanges under ObamaCare are fearful they won’t survive when federal dollars dry up next year. Hawaii is the most recent to give up independent operations. Democratic Gov. David Ide put it best when he revealed the Health Connector was “unable to generate sufficient revenues to sustain operations.”

Hawaii isn’t the only exchange experiencing trouble in paradise. Nevada discovered more than 1,500 defects embedded in the site last year and joined the federal exchange. Colorado, Minnesota, and Vermont are next likely to remove the constant and ever-increasing drain on their state’s budget and shutter their failed exchanges. But none of these failures are close to matching the man-made disaster that is Cover Oregon, the Beaver State’s version of ObamaCare.

The story of Oregon’s health care portal is a story of waste, fraud, and potentially criminal abuse. Once the darling of the Obama White House, the truth has been steadily emerging. Congressional hearings should not merely detail the vast waste of taxpayers dollars but shine sunlight on facts so blatantly illegal that even President Obama’s own Department of Justice will be forced to finally begin necessary criminal proceedings in this case.

Quality of Healthcare Going Down Say Voters


About 70 percent of likely voters rate the quality of the health care they receive as good or excellent, down one point since January, according to a recent Rasmussen poll. While that might seem “not so bad,” that is the lowest level in two and a half years of polling. This number should be relatively good for limited government activists, however it is coupled with another statistic that is rather worrisome.

About 38 percent of respondents on this poll stated that they are for a single-payer system for health care. More disturbing is that 64 percent of those voters feel that more government involvement in health care would be a good thing.

Now that everyone is really scared, the silver-lining remains that a majority (51%) believe that Obamacare will make health care in America worse, and support for less government involvement in health care (44%) still outpaces support for a single-payer system.

Yes, this means that more Americans are thinking that less government would be a good thing, however this trend is starting to flatline a bit. One big reason for this is the lack of a concrete proposal from Republicans to replace Obamacare. Repeal is simply not going to be enough, if only because of the few items under the new law that are extremely popular, like keeping children on parental policies until age 26, and protections for people with pre-existing conditions.

Today in Liberty: Email Scandals, Threats to Signature Legislation, and Netflix’s Discovery That Big Government Is No Friend


Plenty of red meat in the news these days, from Hillary Clinton’s homebrewed email server to the US Ambassador to South Korea getting slashed in the face. Taken individually, these stories are just a fun diversion as part of surprisingly full news cycle. Taken together, however, they represent a potential sea change in how government functions — and how citizens and voters are reacting to it. Not surprising that things are changing in the time of NSA data gathering, a newly confident Russia, and the (continued) rise of the brutal Islamic State. So here’s a rundown for those seeking the little glimmers of liberty buried under the chaos.

CPAC happened last week and there was an air of excitement and momentum surrounding the incredibly deep GOP field leading into 2016’s presidential election. Scott Walker has ramped up his game and Jeb Bush tried to make the case that he’s not just the guy the Democrats would love to see make a run. And Rand Paul, as he usually does, won the straw poll largely due to the contingent of young voters who attend the annual gathering. A really great thing in fact because it means the millenials may actually be migrating to the right at a greater clip than anyone knew. But while Rand won the youth, social media and news data says that Scott Walker’s the one to watch…for now:

HealthCare.gov CEO: This enrollment period is going to be even more complicated

Things are running far from smoothly at the U.S. Department of Health and Human Services’ headquarters.

According to The Hill, HealthCare.gov’s newly appointed CEO admitted concern when talking about the many challenges the agency will have to face once the enrollment period rolls in.

The former head of Connecticut’s state exchange Kevin Counihan believes the shorter sign-up period, among other issues, will certainly add more anxiety to the enrollment process, creating headaches for government officials and distress to consumers.

It’s not enough to know technical flaws have been linked to one of the most disastrous government-run program launches in history. It’s also not enough to know that the failure is undoubtedly associated with the Obama administration’s faulty managerial skills; now, we are faced with yet another uncomfortable reality, government officials never learn the lesson.

While reporting the exchange website has indeed gone under extensive repairs since the last botched attempt to provide a health care plan marketplace for consumers, The Hill also highlighted Counihan’s remarks regarding his HealthCare.gov concerns:

“In some respects, it’s going to be more complicated. Part of me thinks that this year is going to make last year look like the good old days.”

Meet Arturo Alas: A free market-minded, Constitution-loving Republican taking on a big government House Democrat in California

During Arturo Alas’ congressional campaign HQ grand opening in Covina, California, I had the opportunity to chat with the Republican candidate running against Rep. Grace Napolitano (D-CA) to represent California’s 32nd congressional district. After a surprising top-two primary win, Art Alas hopes to win in November with his free market and constitution-loving message.

The incumbent, Grace Napolitano, has been in Congress since 1999, and many in her district appear to disagree with her on several important issues such as the U.S. role in the Syrian civil war. Could the residents of Covina be persuaded to give a Republican a try? The last Republican politician to have represented the district was Craig Hosmer, who left office in 1974.

United Liberty: What motivated you to run for Congress?

Obama is pointing his finger in the wrong direction: He’s now blaming Americans’ rejection of his awful agenda on Democrats

Filed under “this is so sad, it’s funny,” it seems Barack Obama has finally lost his golden touch when it comes to campaigning. Sure, he’s still feeding the liberals pablum, and getting dollars.

However, when it gets down to the point where he’s starting to insult the intelligences of the people that supposedly support him, it’s only a matter of time before the donation well will run dry. He’ll always be able to get money from the masochistic liberals that will take anything, including abuse, as long as they’re getting attention from Obama. As for everyone else? This isn’t a good position to be in heading into a mid-term.

It will be very bad for Democrats in November if enough Republicans manage to first pay attention to this nonsensical line Obama is delivering, and second, bother to use it as a roadmap on the campaign trail. T. Beckett Adams did a very good job of reporting precisely what Obama has been saying to the people that were foolish enough to spend thousands of dollars to hear him insult them.

Yes, it was a lot more of the blame game, but now instead of just blaming Bush and Republicans, Obama has taken to blaming Democrats.

“And so the midterms come around, and lo and behold we’re surprised when John Boehner is the Speaker of the House. Say, well, how did that happen?” the president said. “What happened to [Rep. Nancy Pelosi, D-Calif.]? What happened was you all didn’t work. That’s what happened.”

Hobby Lobby reaffirms religious liberty, one of the bedrock principles of the Constitution

For all the things the Hobby Lobby decision does — and you can read Jason Pye’s piece on the relevant parts of Alito’s decision here — there are few things it does that will have reverberating ramifications for the future of everything from defining contraceptives as preventative or abortifacient, to whether or not our Constitution is a flawed document full of “negative liberties” as our President once declared.

But for now, the most important thing to remember is that this image being thrown around social media is a lie:


It’s a lie on so many levels and it’s tremendously disturbing that the kids are sharing it as truth. First, the opinion is narrow. It applies only to “closely-held” corporations who can prove they have a religious objection. Is your boss the owner of a closely held corporation?

Second, no one is denying you access to anything. You are free at any time to buy any of the four types of products the decision says Hobby Lobby does not have to supply. (Hobby Lobby, by the way, offers 16 other types in their health coverage. Those crazy fascist religious righties.)


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