This has been a good week for President Barack Obama, but not so much for the rest of the country.
The president somehow survived two scares, with the Republicans coming to the rescue to spare him the ignominy of the being the first president who failed to win congressional “fast-track” authorization to negotiate trade deals, and a couple of Republican appointees to the Supreme Court joining their Democrat-appointed colleagues to save his eponymous Obamacare law from a well-deserved blow, so of course the Democrats are already gloating about it. There are Republican arguments to be made for both developments, apparently, but we find them entirely unconvincing.
The Supreme Court case of King v. Burwell concerned a single sentence in the 2,000-plus page Obamacare law that quite explicitly specifies only people who had enrolled in an Obamacare health plan through a state-established exchange would be eligible for subsidies. Attorneys for the plaintiffs were able to argue that the legislative record and ample videotape of the law’s “architect” gloating how about they had snookered a gullible public all proved the sentence was intended to put political pressure on the states to start their own exchanges, and that the sentence does in fact explicitly specify only people who had enrolled through a state-established exchange were eligible for subsidies, while the defendant’s attorneys were reduced to arguing that c’mon, if you read a poorly-written law that was hastily forced down the throats of an unwitting public as it is written you will make a complete mess of it. Somehow Chief Justice John Roberts and Justice Anthony Kennedy were swayed the latter argument, and of course all of the Democratic appointees were eager to embrace such logic, so you wind up with a 6-3 majority holding that a law doesn’t necessarily mean what it clearly says. The same argument probably won’t do you much good the next time you fail to signal a lane change, or murder someone, but that’s your fault for not being the first African-American president.
Some are arguing that decision spares the Republicans the political consequences of the complete mess that would have indeed resulted from applying the law as it was written, but given that not a single one of them voted for the damned thing, but we hold out faint hope that the Democrats who did force the damned thing down the throats of the American public would have also faced some political consequences. The Democrats are still stuck with responsibility for Obamacare, which continues to fail to live up to any of its grandiose promises and is instead causing health insurance premiums to skyrocket and the health insurance market to be increasingly dominated by a handful of corporations and doctors to be taking early retirement, and there’s still a chance that it might help the country might undo all the damage that has been done, but nonetheless we would have preferred that the Supreme Court had made the mess of its explicitly stated language more clear.
There’s also a Republican argument to be made for free trade, a principle we heartily endorse, but given the peculiar circumstances of this particular “fast-track” authorization it is not convincing. The past several Democratic and Republican administrations have already pretty much eliminated all the tariffs that once impeded international commerce, so the current debate mostly involves such “non-tariff barriers” as the disparate environmental and immigration and regulatory laws that put countries on an unequal economic footing. Given that the administration has insisted on strict secrecy regarding its negotiations, and given that the administration’s very open stands on the environment and immigration and regulations have been starkly insane, and that its negotiations with Iran regarding its nuclear weapons ambitions have been disastrously accommodating, we find no reason to hope that it can be trusted with reaching a trade deal favorable to the American average worker.
At least the Republicans can’t be accused of reflexively opposing anything the president soda because he’s the first African-American president, but of course those accusations will persist anyway. The Democrats who opposed “fast-track authorization” on purely protectionist grounds will reap the political benefits of their courageous stand against free trade, the Republicans will be tarred with some outlier presidential candidate’s ambiguous statements about the Confederate battle flag or whatever other issue the press can come up with, and next week will begin on the same unequal footing.
— Bud Norman