Monthly Archives: March 2012

When the Supreme Court Strikes Down Obamacare, Will it Help Obama or Romney?

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(Second in a series of posts interpreting momentous issues through the prism of the presidential election.)

Anthony Kennedy

The only vote that matters

At first glance, the answer seems obvious.  If the Supreme Court overturns Obama’s signature legislative “achievement,” surely that hurts Obama and helps his opponent.

But what about the fact that most Americans — 56% to 39% in a recent poll — want the legislation to go away?

James Carville today bravely argued that an overturn “will be the best thing that ever happen to the Democratic party because health care costs are gonna escalate unbelievably… and then the Republican Party will own the health care system for the foreseeable future.”  He also said, twice, “I honestly believe this, this is not spin,” leading Alana Goodman to headline her Commentary blog post, “Dems Spinning Possible Health Care Loss.” Ross Douthat has a rather unlikely theory about how an overturn could help Obama: “setting a clear limit on liberalism’s ability to micromanage Americans’ private decisions might make voters feel more comfortable voting to re-elect their micromanager-in-chief.”  Not Douthat’s best effort.

Goodman also points to a potential silver lining for Republicans the verdict goes the other way:  “if ObamaCare is upheld, the only way for Americans to get rid of the unpopular law may be to vote Republican – but it’s a stretch to say that would be the best possible scenario for the GOP.”

We’ll never know, because it seems clear that the law will be overturned.  The only vote that has ever been in doubt is that of Justice Anthony Kennedy, and I think we can discern his opinion from his remarks from the bench: “But the reason, the reason this is concerning, is because it requires the individual to do an affirmative act… and that is different from what we have in previous cases and that changes the relationship of the Federal Government to the individual in the very fundamental way.”  Why yes… yes it does!

In addition to all this, I think an overturn will help Romney by neutralizing his biggest handicap as the nominee:  the fact that he signed a healthcare bill in Massachusetts that also included an individual mandate.  If the Supreme Court lets the law stand, Romney is going to have to spend a lot of time making fairly subtle distinctions between Obamacare and Romneycare.  There’s the federalism argument: it’s one thing for a state to mandate something, quite another for the federal government to do so.  But anybody who cares about federalism is already a Republican anyway.

Romney’s stronger argument is the fact that Obamacare was foisted on an unwilling public without a single Republican vote, whereas Romneycare had bipartisan support.  This argument actually gets bolstered by an overturn.  “Remember how they passed this legislation? Votes in the middle of the night on a 2,700-page bill that wasn’t even fully collated yet? Remember deem-and-pass?  Americans knew that was wrong, and they promptly swept a lot of Democrats out of office.  Now the Supreme Court has thrown it out, and all that remains is to give a new president an opportunity to reach across the aisle and find healthcare solutions that Americans can support.”

Advantage: Romney.

When Israel Attacks Iran, Will It Help Obama or Romney?

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One of Iran's nuclear facilities, near Qom

Three assumptions are implicit in the headline, and I feel pretty confident about all three.

Let’s start with the easy assumption: Romney will be the Republican nominee. I declared Romney the inevitable victor way back in January, and I see no reason to change my mind just because the underlying reality is having trouble keeping up with my insight.

Second assumption: Israel will attack Iran.  Here I’ve actually changed my mind since I wrote “Pace Bolton, I’m Betting Against an Israeli Air Strike on Iran’s Nuke Facilities” in July 2009.   Way back then, in the wake of Obama’s inexplicable tardiness in condemning the theocracy’s crackdown of what didn’t quite become the Second Iranian Revolution, America’s greatest former UN Ambassador said:

Iran’s nuclear threat was never in doubt during its presidential campaign, but the post-election resistance raised the possibility of some sort of regime change. That prospect seems lost for the near future or for at least as long as it will take Iran to finalize a deliverable nuclear weapons capability.

Accordingly, with no other timely option, the already compelling logic for an Israeli strike is nearly inexorable. Israel is undoubtedly ratcheting forward its decision-making process. President Obama is almost certainly not.

That inexorability, which I didn’t buy back then, has had nearly three years to continue inexorabilizing.  Back then, Obama’s emerging lack of support for the Jewish state seemed to me to be the main non-logistical barrier to an Israeli attack on Iran’s nuclear facilities.  Obama still is not the world’s biggest fan of Israel, but his attitude toward Iran certainly has hardened.  In a long and thoughtful overview this week of the recent rhetoric, one of Meryl Yourish’s co-bloggers wrote:

Obama stated quite forcefully that he is not going to abide a situation where US will have to deal with containment of nuclear Iran. On the face of it, this is as clear-cut declaration of intentions as anyone would hope to get from a leader of the superpower.

Obama may not want an Israeli attack, he may still be trying to dissuade the Israelis from attacking, but it would be hard for him to take any action against Israel if it attacks.  And if you have any doubt that Israel has the guts to attack eventually, I commend to you Jeffrey Goldberg’s column this week, “Israelis Grow Confident Strike on Iran’s Nukes Can Work.”

The third headline assumption is a bit more subtle.  I’m assuming not just that the attack will happen, but also that it will happen before November 2012.  Once upon a time I might have thought that Israel would delay until 2013 in the hope of acting under a more supportive U.S. administration.  But there’s obviously no guarantee of a Republican victory, and a re-elected Obama who never has to campaign again might become even less sympathetic to Israel.

So what’s the answer to the headline query — will an Israeli attack on Iran help Obama or Romney?  Hell, I don’t know.

Tempting though it is to end the post there, I may as well share the few ideas I have on the matter.  Obviously, who it helps will be affected by what happens after the Israelis attack.  Iran’s Supreme Theocrat Ayatollah Ali Khamenei said yesterday:

“We do not have atomic weapons and we will not build one. But against an attack by enemies — to defend ourselves either against the U.S. or Zionist regime — we will attack them on the same level that they attack us.”

In Iran-speak, Israel is the Little Satan and America is the Big Satan. It would be suicidal for the Iranians to overtly attack American forces while launching a retaliation against Israel — but that doesn’t mean it won’t happen.  Keep in mind that we’re dealing with a culture that glorifies martyrdom.

In wartime, Americans tend to rally around the president, at least initially.  More than two-thirds of Americans supported the beginning of George Bush’s war in Iraq. So unless Obama utterly abandons Israel in its time of greatest need, I tend to think an Israeli attack will favor Obama’s re-election.  Sure would take a lot of attention away from the economy and Obamacare.