Quotulatiousness

November 1, 2013

The Obamacare moment of clarity

Filed under: Government, Health, USA — Tags: , , , — Nicholas @ 07:49

In the Washington Post, Charles Krauthammer on the moment of understanding:

Every disaster has its moment of clarity. Physicist Richard Feynman dunks an O-ring into ice water and everyone understands instantly why the shuttle Challenger exploded. This week, the Obamacare O-ring froze for all the world to see: Hundreds of thousands of cancellation letters went out to people who had been assured a dozen times by the president that “If you like your health-care plan, you’ll be able to keep your health-care plan. Period.”

The cancellations lay bare three pillars of Obamacare: (a) mendacity, (b) paternalism and (c) subterfuge.

(a) Those letters are irrefutable evidence that President Obama’s repeated you-keep-your-coverage claim was false. Why were they sent out? Because Obamacare renders illegal (with exceedingly narrow “grandfathered” exceptions) the continuation of any insurance plan deemed by Washington regulators not to meet their arbitrary standards for adequacy. Example: No maternity care? You are terminated.

So a law designed to cover the uninsured is now throwing far more people off their insurance than it can possibly be signing up on the nonfunctioning insurance exchanges. Indeed, most of the 19 million people with individual insurance will have to find new and likely more expensive coverage. And that doesn’t even include the additional millions who are sure to lose their employer-provided coverage. That’s a lot of people. That’s a pretty big lie.

October 31, 2013

Reason.tv – Do the Healthcare Mash

Filed under: Government, Health, Humour, USA — Tags: , , — Nicholas @ 10:35

Trick or Treatment? Remy channels Bobby “Boris ” Pickett for this Healthcare.gov-Halloween mash-up.

Written and performed by Remy. Video by Sean Malone.

[…]

Lyrics:
He was working on his laptop late one night
when his eyes beheld a ghoulish site
He could not log in despite several tries
then suddenly to no one’s surprise

(he did the Mash)
He did the Healthcare Mash
(the Healthcare Mash)
it was a keyboard smash
(he did the Mash)
the website was trash
(he did the Mash)
He did the Healthcare mash

Who could design such a site so flawed and so sloppy?
The code is so ancient, perhaps it was Hammurabi
He’d try to apply but the site would suspend
I’ve seen a eunuch with a more functional front end

(he did the Mash)
He did the Healthcare Mash
(the Healthcare Mash)
it was a keyboard smash
(he did the Mash)
He tried to clear his cache
(he did the Mash)
He did the Healthcare mash

Hundreds of millions of dollars were spent
for a website that has trouble loading
How could the government’s web designers
create a site with such awful coding?

(they did the Mash)
Ahh, they did the Healthcare Mash
(the Healthcare Mash)
it was a keyboard smash
(they did the Mash)
they spent all of our cash
(they did the Mash)
They did the Healthcare Mash

October 29, 2013

Obamacare’s technical issues

Filed under: Government, Technology, USA — Tags: , , , — Nicholas @ 07:48

A comment at Marginal Revolution deservedly has been promoted to being a guest post, discussing the scale of the problems with the Obamacare software:

The real problems are with the back end of the software. When you try to get a quote for health insurance, the system has to connect to computers at the IRS, the VA, Medicaid/CHIP, various state agencies, Treasury, and HHS. They also have to connect to all the health plan carriers to get pre-subsidy pricing. All of these queries receive data that is then fed into the online calculator to give you a price. If any of these queries fails, the whole transaction fails.

Most of these systems are old legacy systems with their own unique data formats. Some have been around since the 1960′s, and the people who wrote the code that runs on them are long gone. If one of these old crappy systems takes too long to respond, the transaction times out.

[…]

When you even contemplate bringing an old legacy system into a large-scale web project, you should do load testing on that system as part of the feasibility process before you ever write a line of production code, because if those old servers can’t handle the load, your whole project is dead in the water if you are forced to rely on them. There are no easy fixes for the fact that a 30 year old mainframe can not handle thousands of simultaneous queries. And upgrading all the back-end systems is a bigger job than the web site itself. Some of those systems are still there because attempts to upgrade them failed in the past. Too much legacy software, too many other co-reliant systems, etc. So if they aren’t going to handle the job, you need a completely different design for your public portal.

A lot of focus has been on the front-end code, because that’s the code that we can inspect, and it’s the code that lots of amateur web programmers are familiar with, so everyone’s got an opinion. And sure, it’s horribly written in many places. But in systems like this the problems that keep you up at night are almost always in the back-end integration.

The root problem was horrific management. The end result is a system built incorrectly and shipped without doing the kind of testing that sound engineering practices call for. These aren’t ‘mistakes’, they are the result of gross negligence, ignorance, and the violation of engineering best practices at just about every step of the way.

October 28, 2013

Nothing fails as big as Big Government

Filed under: Bureaucracy, Government, Technology, USA — Tags: , , , — Nicholas @ 09:05

In USA Today, Glenn Reynolds points out that even Obama detractors can’t say he didn’t do a good job in his last election campaign, but that the size and structure of government prevent him from being as successful with Obamacare:

Unlike Norris Dam, [opened within three years of the TVA Act passing congress] the Olmsted Dam and Locks on the Ohio River were authorized by Congress in 1988, but a quarter-century later the project is only half-done. It has also overrun its budget by a factor of four.

Meanwhile, most of the interesting stuff being done in outer space are being done by private companies. (In fact, President Obama’s space policy approach, which emphasizes private enterprise, is one of his greatest policy successes.)

As it’s gotten bigger the federal government appears to have gotten less competent. Apollo was a success on its own terms, but the big government policies that followed — the War On Poverty, the War On Drugs, the War On Cancer — have all been pretty much failures, sometimes disastrous ones.

Even Obama himself is evidence of this problem. His 2012 presidential campaign was famous for its mastery of technology, building up an electronic campaign infrastructure in just a few months that helped him win the election. But, of course, it wasn’t a government operation. Obama without the government — a technological success. Obama within the government — a technological embarrassment. The difference between success and failure here, as even Obama-haters will have to admit, wasn’t Obama. It’s more likely that a political campaign has clear goals, and lots of freedom to improvise, while a federal program is much more encumbered by law and bureaucracy.

Whatever the cause, it remains indisputable that the federal government isn’t very good at delivering on big projects. The obvious response is to not entrust the federal government with big projects on which it can’t deliver. Instead, they should be left to those who can.

Mark Steyn on the Obamacare software

Filed under: Bureaucracy, Cancon, Government, Technology — Tags: , , , — Nicholas @ 07:22

Mark Steyn’s weekend column touched on some items of interest to aficionados of past government software fiascos:

The witness who coughed up the intriguing tidbit about Obamacare’s exemption from privacy protections was one Cheryl Campbell of something called CGI. This rang a vague bell with me. CGI is not a creative free spirit from Jersey City with an impressive mastery of Twitter, but a Canadian corporate behemoth. Indeed, CGI is so Canadian their name is French: Conseillers en Gestion et Informatique. Their most famous government project was for the Canadian Firearms Registry. The registry was estimated to cost in total $119 million, which would be offset by $117 million in fees. That’s a net cost of $2 million. Instead, by 2004 the CBC (Canada’s PBS) was reporting costs of some $2 billion — or a thousand times more expensive.

Yeah, yeah, I know, we’ve all had bathroom remodelers like that. But in this case the database had to register some 7 million long guns belonging to some two-and-a-half to three million Canadians. That works out to almost $300 per gun — or somewhat higher than the original estimate for processing a firearm registration of $4.60. Of those $300 gun registrations, Canada’s auditor general reported to parliament that much of the information was either duplicated or wrong in respect to basic information such as names and addresses.

Sound familiar?

Also, there was a 1-800 number, but it wasn’t any use.

Sound familiar?

So it was decided that the sclerotic database needed to be improved.

Sound familiar?

But it proved impossible to “improve” CFIS (the Canadian Firearms Information System). So CGI was hired to create an entirely new CFIS II, which would operate alongside CFIS I until the old system could be scrapped. CFIS II was supposed to go operational on January 9, 2003, but the January date got postponed to June, and 2003 to 2004, and $81 million was thrown at it before a new Conservative government scrapped the fiasco in 2007. Last year, the government of Ontario canceled another CGI registry that never saw the light of day — just for one disease, diabetes, and costing a mere $46 million.

But there’s always America! “We continue to view U.S. federal government as a significant growth opportunity,” declared CGI’s chief exec, in what would also make a fine epitaph for the republic. Pizza and Mountain Dew isn’t very Montreal, and on the evidence of three years of missed deadlines in Ontario and the four-year overrun on the firearms database CGI don’t sound like they’re pulling that many all-nighters. Was the government of the United States aware that CGI had been fired by the government of Canada and the government of Ontario (and the government of New Brunswick)? Nobody’s saying. But I doubt it would make much difference.

October 25, 2013

The glamour of big IT projects

Filed under: Government, Technology, USA — Tags: , , , , — Nicholas @ 00:02

Virginia Postrel on the hubris of the Obamacare project team:

The HealthCare.gov website is a disaster — symbolic to Obamacare opponents, disheartening to supporters, and incredibly frustrating to people who just need to buy insurance. Some computer experts are saying the only way to save the system is to scrap the current bloated code and start over.

Looking back, it seems crazy that neither the Barack Obama administration nor the public was prepared for the startup difficulties. There’s no shortage of database experts willing to opine on the complexities of the problem. Plenty of companies have nightmarish stories to tell about much simpler software projects. And reporting by the New York Times finds that the people involved with the system knew months ago that it was in serious trouble. “We foresee a train wreck,” one said back in February.

So why didn’t the administration realize that integrating a bunch of incompatible government databases into a seamless system with an interface just about anyone could understand was a really, really hard problem? Why was even the president seemingly taken by surprise when the system didn’t work like it might in the movies?

We have become seduced by computer glamour.

Whether it’s a television detective instantly checking a database of fingerprints or the ease of Amazon.com’s “1-Click” button, we imagine that software is a kind of magic — all the more so if it’s software we’ve never actually experienced. We expect it to be effortless. We don’t think about how it got there or what its limitations might be. Instead of imagining future technologies as works in progress, improving over time, we picture them as perfect from day one.

October 21, 2013

All those boats have been burned

Filed under: Health, Politics, USA — Tags: , , , , , — Nicholas @ 07:35

Megan McArdle on the problem with emulating the Conquistator model of operational planning and burning your boats:

There’s a legend that after Hernan Cortes and his crew landed on the shores of the New World, Cortes ordered that their boats be burned. The only way they would be able to get back to Spain would be to conquer the land, giving them the resources to build new boats. With necessity at their backs, his band of adventurers managed to conquer all of Mexico.

It’s not clear if this story is actually true, but it’s nonetheless beloved by motivational speakers. The last two weeks of political paralysis have been an excellent illustration of why you shouldn’t model your negotiation strategy on a guy who’s mostly famous for slaughtering strangers.

[…]

The state insurance exchanges aren’t working, Obamacare is in jeopardy, and Democrats are casting around for a way to blame this on Republicans. The answer they have settled on: It’s their fault because Republican governors did not set up exchanges.

Think about what they are actually saying: “We passed a law that was so incredibly fragile that it was destined to fail unless all the state governments controlled by the party that opposed this law worked hard to make the system a success.”

And why did they expect this to happen? The answer boils down to this: “After we burn the boats, everyone’s supposed to band together to fight the Aztecs!”

I’ve long criticized the health-care law for being a Rube Goldberg Policy Machine: There are dozens of pieces that all have to work perfectly. If one of them fails, the whole apparatus breaks down and the individual insurance market spirals toward death. That seemed risky to me, especially when the law was passed over fervent opposition — a fervent opposition that was smugly told that “elections have consequences,” without anyone apparently considering that future elections might have different consequences.

But in this view, the Rube Goldberg quality is actually a plus, because after all, if we do something that might break the insurance market unless Republicans enthusiastically cooperate, they’ll have to enthusiastically cooperate.

This is … what’s the technical term? Right, insane.

Start with the fact that the state exchanges — what we would have had if the Republican governors and legislatures had cooperated — aren’t all in such great shape, either. Don’t get me wrong; some of them are doing very well. But some aren’t really working at all, and in others the results are … unclear. And that’s in blue states where the governor and the legislature were hugely enthusiastic about this program and are going all out to make it work. As anyone who has ever implemented a new program (corporate or government) can tell you, one of the biggest hurdles is getting people who don’t care about your program, or who actively oppose it, to make their piece work. Even if they’re trying in good faith, they have neither your enthusiasm nor your deep grasp of the internal logic. In the best-case scenario, it’s not their No. 1 priority; when it competes for resources with stuff they really care about, it tends to get the second-string people and budget. This is one reason that promising pilot projects often fail when they’re rolled out to the larger organization—and one of the most important things that a corporate innovator has to do is to evangelize his program so that other departments get as enthusiastic as he is.

The Obama administration was not in a position to evangelize the president’s health-care program to Republican governors. If the law absolutely required that those governors be as enthusiastic about implementing a state exchange as the folks in the administration, then it was a bad law that should never have been passed, and the Democrats made a grave mistake that could destroy the nation’s insurance market.

After the boat-burning failed the first time, leaving it weeks from its debut without a working computer system, the administration seems to have decided that what was needed was simply a larger bonfire: Launch the nonworking system, because after all, once you’ve gone live, the potential catastrophe would be nearly upon us, which would somehow force those inside and outside the administration to somehow bring order out of the chaos they had created.

But Republicans should make this work! It’s the right thing to do! That is, of course, debatable. But aside from that, this is magical thinking — as magical as the Tea Partiers who responded, when I pointed out that the shutdown was costing them the support they’d need to retake the Senate and the White House and actually get some policy making done, that this was all the fault of the liberal media, which was just repeating administration talking points.

QotD: Obamacare as a special case of The Adams Rule of Slow-Moving Disasters

Filed under: Economics, Health, Quotations, USA — Tags: , , , — Nicholas @ 00:01

So who is up for some side bets on Obamacare?

I’m sympathetic to the opinion that introducing a huge, complicated, government-run program is just asking for trouble. On the other hand, the Adams Rule of Slow-Moving Disasters says everything will work out.

As a reminder, The Adams Rule of Slow-Moving Disasters says that any disaster we see coming with plenty of advance notice gets fixed. We humans have a consistent tendency to underestimate our own resourcefulness. For example, the Year 2000 bug was a dud because we saw it coming and clever people rose to the challenge. In the seventies, we thought the world would run out of oil but instead the United States is heading toward energy independence thanks to new technology.

Obamacare is a classic slow-moving disaster. Absent any future human resourcefulness, it just might be a nightmare. But my money says that clever humans will figure out how to tame the beast before it triggers the collapse of civilization.

If betting were legal, I’d bet $10,000 that in ten years the consensus of economists will be that Obamacare had a lot of problems but that overall it was neutral or helpful to the economy. I base that hypothetical bet on The Adams Rule of Slow-Moving Disasters, not on the scary first-year state of the law. And I reiterate that I know next-to-nothing about the details of Obamacare. I’m just working off of pattern recognition.

Scott Adams, “Obamacare – Side Bets”, Scott Adams Blog, 2013-10-18

September 30, 2013

The breathtaking scale of Obamacare

Filed under: Bureaucracy, Health, USA — Tags: , , — Nicholas @ 09:28

Mark Steyn explains just how big the effective nationalization of the US healthcare system really is:

No one has ever before attempted to devise a uniform health system for 300 million people — for the very good reason that it probably can’t be done. Britain’s National Health Service serves a population less than a fifth the size of America’s and is the third-largest employer on the planet after the Indian National Railways and the Chinese People’s Liberation Army, the last of which is now largely funded by American taxpayers through interest payment on federal debt. A single-payer U.S. system would be bigger than Britain’s NHS, India’s railways, and China’s army combined, at least in its bureaucracy. So, as in banking and housing and college tuition and so many other areas of endeavor, Washington is engaging in a kind of under-the-counter nationalization, in which the husk of a nominally private industry is conscripted to enforce government rules — and ruthlessly so, as Michelle Malkin and many others have discovered.

Obama’s pointless, traceless super-spending is now (as they used to say after 9/11) “the new normal.” Nancy Pelosi assured the nation last weekend that everything that can be cut has been cut and there are no more cuts to be made. And the disturbing thing is that, as a matter of practical politics, she may well be right. Many people still take my correspondent’s view: If you have old money well managed, you can afford to be stupid — or afford the government’s stupidity on your behalf. If you’re a social-activist celebrity getting $20 million per movie, you can afford the government’s stupidity. If you’re a tenured professor or a unionized bureaucrat whose benefits were chiseled in stone two generations ago, you can afford it. If you’ve got a wind farm and you’re living large on government “green energy” investments, you can afford it. If you’ve got the contract for signing up Obamaphone recipients, you can afford it.

But out there beyond the islands of privilege most Americans don’t have the same comfortably padded margin for error, and they’re hunkering down. Obamacare is something new in American life: the creation of a massive bureaucracy charged with downsizing you — to a world of fewer doctors, higher premiums, lousier care, more debt, fewer jobs, smaller houses, smaller cars, smaller, fewer, less; a world where worse is the new normal. Would Americans, hitherto the most buoyant and expansive of people, really consent to live such shrunken lives? If so, mid-20th-century America and its assumptions of generational progress will be as lost to us as the Great Ziggurat of Ur was to 19th-century Mesopotamian date farmers.

September 26, 2013

Roll back Obamacare? Not with these tactics

Filed under: Politics, USA — Tags: , , , , , — Nicholas @ 09:42

Coyote Blog calls the current approach by the GOP “Republican Fail” and explains why:

Yes, I understand why things are happening as they are. From a re-election strategy, their approach makes total sense. A lot of these House guys come from majority Republic districts where their biggest re-election fear comes from a primary challenge to the right of them. I live in one of these districts, so I see what perhaps coastal media does not. In everyday conversation Republicans are always criticizing their Congressmen for not rolling back Obamacare. Republicans need to be able to say in a primary, “I voted to defund Obamacare”. Otherwise I guarantee every one of them will be facing a primary opponent who will hammer them every day.

But from the perspective of someone who just wants the worst aspects of this thing to go away, this was a terrible approach. Defunding Obamacare entirely was never, ever, ever going to succeed. Obama and Democrats would be happy to have a shutdown last months before they would roll back his one and only signature piece of legislation. They may have caved in the past on other issues but he is not going to cave on this one (and needs to be seen not caving given his recent foreign policy mis-steps that has him perceived as weak even in his own party). And, because all the focus is on Obamacare, we are going to end up with a budget deal that makes no further progress on containing other spending.

November 11, 2012

A major reason for Romney’s defeat

Filed under: Politics, USA — Tags: , , , , , — Nicholas @ 11:55

At Reason, Sheldon Richman explains one of the major reasons Mitt Romney’s campaign for president fell short of victory:

Romney couldn’t call Obama to account because he fundamentally agreed with most of what the president did. He could hardly have substantively criticized Obama’s fiscal record: Romney had little specific to say about cutting the government’s deep-in-deficit budget, and he even proposed to leave education and other federal spending intact. While Romney talked about cutting income-tax rates, he emphasized that he had no intention of cutting government revenues, which represent resources extracted from the private economy. He proposed only revenue-neutral tax “reform.”

While Romney promised to “repeal and replace” Obamacare, the architect of Massachusetts’ Romneycare was hardly in a position to offer a fundamental critique. The insurance mandate is the linchpin of Obamacare, but since Romneycare has the same mandate, what could the Republican candidate say? His weak federalist defense of state mandates versus national mandates sounded more like a rationalization. Moreover, Romney doesn’t understand what is wrong with America’s overpriced health-care system: the pervasive, monopolistic government privilege and regulation in the medical and insurance industries at both the state and federal levels. There is no free market in health care — something Romney does not get. As a result, he made the fatal mistake of implying that a partial repeal of Obamacare is all that is needed.

He also endorsed economic regulation, just to a vaguely lesser extent than what Obama favors. That only muddled the message. Romney showed no sign of understanding the relationship between regulation and privilege, which usually go hand in hand. So it’s not enough to favor deregulation; a true advocate of the free market favors “de-privileging” as well.

The biggest pass Obama got was on foreign policy and civil liberties, where his record has been horrendous. Of course, Romney could make no principled criticism because he basically approves of the record, though he claimed Obama hasn’t been aggressive enough.

As early as August, this lack of actual substantive differences between the candidates had already become quite clear.

July 2, 2012

Here’s what to expect to pay in Obamacare penalty tax

Filed under: Government, Health, USA — Tags: , , , — Nicholas @ 10:10

There are no easy answers in figuring out in advance exactly what taxes will apply to any given person, but Henry Blodget at Business Insider outlines what to expect in general terms:

  • The penalty/tax will be phased in from 2014 to 2016.
  • The minimum penalty/tax in 2016 will be $695 per person and up to 3-times that per family. After 2016, these amounts will increase at the rate of inflation.
  • The minimum penalty/tax per person will start at $95 in 2014 (and then increase through 2016)
  • No family will ever pay more than 3X the per-person penalty, regardless of how many people are in the family.
  • The $695 per-person penalty is only for those who make between $9,500 and ~$37,000 per year. If you make less than ~$9.500, you’re exempt. If you make more than ~$37,000, your penalty is calculated by the following formula…
  • The penalty is 2.5% of any household income above the level at which you are required to file a tax return. That level is currently $9,500 per person and $19,000 per couple. The penalty on any income above that is 2.5%. So the penalty can get expensive quickly if you make a lot of money.
  • However, the penalty can never be more than the cost of a “Bronze” heath insurance plan purchased through one of the state “exchanges” that will be created as part of Obamacare. The CBO estimates that these policies will cost $4,500-$5,000 per person and $12,000-$12,500 per family in 2016, with the costs rising thereafter.

Update: In spite of all the agonized wailing from the Republicans (especially the Tea Party folks), Steve Chapman is determined to find the limited government silver lining in the Obamacare decision:

While it was upholding the mandate, the court was striking down an equally important part of the law: the requirement that states greatly expand Medicaid coverage, at a cost of about $1 trillion between 2014 and 2022. The administration sought to force states to go along by threatening to take away all their Medicaid funds — not just those provided for the expansion. But Roberts and Co. said no.

Does it matter? You bet. It’s the first time the court has ever said Washington went too far in the conditions it places on money sent to state governments. The ruling will give states more latitude to make their own decisions in all sorts of areas.

The case also registered a victory for the notion that judges should apply the Constitution in an impartial way rather than simply impose their policy preferences. George Washington University law professor Orin Kerr, writing on the conservative-libertarian blog The Volokh Conspiracy, said the overall decision was “a largely conservative opinion that just happens to get to a liberal result.”

Equally significant is that it took a worse health care option off the table. The irony of the challenge is that if Obamacare had been struck down, supporters of universal health coverage would have been left with no good option but a “single-payer” system, also known as “Medicare for all” — which is undoubtedly constitutional.

Whatever the flaws of Obamacare, it at least builds on the existing system of private insurance. Vermont’s self-proclaimed socialist senator, Bernie Sanders, used the court’s decision to renew his call for a single-payer system. But for him, the verdict was the worst thing that could have happened.

For anyone even slightly open to evidence, letting Obamacare take effect will provide an illuminating experiment in how to afford the miracles of the American medical system to more people, including many in dire need. It may be a failure, or it may be a success. But it will not be uninformative.

July 1, 2012

Reason.tv: 3 Big Takeaways From Obamacare Decision

Filed under: Government, Health, Law, USA — Tags: , , , , — Nicholas @ 10:59

Here are the three most important things you need to know in the wake of the Supeme Court’s decision on The Affordable Care Act, a.k.a. Obamacare:

1. Government is still unlimited.
2. Mitt Romney is still lame.
3. Health care costs will still soar.

For more details, go to http://reason.com/blog/2012/06/29/3-essential-takeaways-from-the-obamacare

June 29, 2012

Shikha Dalmia attempts to pull some lessons from the confusion of the Supreme Court’s Obamacare ruling

Filed under: Health, Law, USA — Tags: , , , , — Nicholas @ 10:51

The biggest loser in this ruling may well have been the remains of the Supreme Court’s dignity. At Hit and Run, Shikha Dalmia pokes through the smoking ruins of the decision to try to make some sense out of it all:

One: We know a ruling is a going to lead to a holy legal mess when it begins like this:

    ROBERTS, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III–C, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined; an opinion with respect to Part IV, in which BREYER and KAGAN, JJ., joined; and an opinion with respect to Parts III–A, III–B, and III–D. GINSBURG, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which SOTOMAYOR, J., joined, and in which BREYER and KAGAN, JJ., joined as to Parts I, II, III, and IV. SCALIA, KENNEDY, THOMAS, and ALITO, JJ., filed a dissenting opinion. THOMAS, J., filed a dissenting opinion.

Another instance where a ruling began this way was in the 1978 Bakke case. In it, Justice Powell could not convince a majority of his colleagues to sign off on his tortured claim that the University of California could not reject white candidates because of their race. But it could give blacks and other minorities extra bonus points because of their race. He was against racial quotas, you see, but thought racial preferences were just peachy — a distinction that his conservative and liberal justice had difficulty seeing. The upshot was multiple opinions with multiple dissents and multiple concurrences without any clear guidance as to which one was applicable. This has lead to 40 odd years of conflict and confusion in the lower courts that the Supreme Court is still trying to sort out

[. . .]

Three: No one should ever again believe that conservative justices are opposed to judicial activism, preferring, instead to read and apply the law as written, computer-like. Justice Scalia proved this in his ruling in the Raich case when he happily signed off on an expansive understanding of Uncle Sam’s Commerce Clause authority to nullify state medical marijuana laws duly passed by voters just because he happened to disagree with them. Had it not been for his misguided reasoning, ObamaCare’s constitutionality — or lack thereof — under the Commerce Clause would not have even been an issue.

But Scalia at least chose to exercise one of the two options presented to him: uphold or overrule the law as written. Justice Roberts, on the other hand, as many have already pointed out, has rewritten ObamaCare as per his taste. The law itself repeatedly noted that the fine for not purchasing health care was a penalty not a tax, a designation that Roberts accepts in order to determine if the court had standing to rule under the Anti-Injunction Clause (the Clause bars legal challenges to federal taxes before they have gone into effect). But he rejected that designation and redubbed the “penalty” a “tax” in declaring it constitutional.

Update: Ace gets a bit heated about the political switch of opinion on the part of the chief justice:

What galls me is that a majority of the public wanted this overturned — but we don’t count. What counts is the opinion of the elites Roberts socializes with. They are a decided minority, but continue imposing their political will on the nation as if they were a majority.

And the actual majority? The Little People don’t count. They don’t have the right schooling, nor the socialization to truly understand how to best manage their affairs.

I was just reading a bit about the making of The Good, the Bad, and The Ugly. Sergio Leone included a brutal Union prison camp; he noted that there was a lot written about the Confederates’ brutal prison camps (like Andersonville) but nothing about the Unions’ similar camps. The winners, he noted, don’t get written about that way.

Roberts has aligned himself with the elites, who he supposes will be the Winners, and will thus have the final say in the history books about him. And he’s probably right that they will have the final say: Conservatives simply do not have much sway at all in some of the most critical institutions in America. And we’ll continue paying a high price for that until we change that.

Update, the second: Mark Steyn, on the other hand, sings the praises of Obamacare, now that it has hurdled the Supreme Court:

Still, quibbling over whose pretzel argument is more ingeniously twisted — the government’s or the court’s — is to debate, in Samuel Johnson’s words, the precedence between a louse and a flea. I have great respect for George Will, but his assertion that the Supreme Court decision is a “huge victory” that will “help revive a venerable tradition” of “viewing congressional actions with a skeptical constitutional squint” and lead to a “sharpening” of “many Americans’ constitutional consciousness” is sufficiently delusional that one trusts mental health is not grounds for priority check-in at the death panel. Back in the real world, it is a melancholy fact that tens of millions of Americans are far more European in their view of government than the nation’s self-mythologizing would suggest. Indeed, citizens of many Continental countries now have more — what’s the word? — liberty in matters of health care than Americans. That’s to say, they have genuinely universal government systems alongside genuinely private-system alternatives. Only in America does “health” “care” “reform” begin with the hiring of 16,500 new IRS agents tasked with determining whether your insurance policy merits a fine. It is the perverse genius of Obamacare that it will kill off what’s left of a truly private health sector without leading to a truly universal system. However, it will be catastrophically unaffordable, hideously bureaucratic, and ever more coercive. So what’s not to like?

March 27, 2012

Reason.tv: Obamacare goes to the Supreme Court

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 14:33

Does the fate of a federal government with limited powers rest in the hands of Supreme Court Justice Antonin Scalia? And if so, will he rule against broad federal powers (as he did in the Gonzales case) or in favor of the feds’ right to regulate just about anything (as he did in the Raich case)?

The Supreme Court case over The Affordable Care Act, a.k.a. Obamacare, “is certainly the most important case on the reach of federal power in 50 years” says attorney and legal scholar Timothy Sandefur of the Pacific Legal Foundation. “The constitutional principle of where is the line drawn on federal power — that’s a matter that our children and grandchildren will have to live with.”

The ruling will come sometime in early June, predicts Sandefur, who tells Reason.tv that the Affordable Care Act raises multiple constitutional issues: Can part of the law be struck down and other upheld? Is the “individual mandate,” which forces all Americans to purchase insurance as a condition of simply being alive, legal? Does the law’s massive expansion of Medicaid shred the right of states to govern their own finances?

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