Progressive Behavior

Justice Ruth Bader Ginsburg wrote some real whoppers into her dissenting concurrence with Chief Justice John Robert’s majority opinion that upheld Obamacare in the just published ruling on NFIB v Sibelius.  (Incidentally, the tone and phrasing of her remarks, and of the major dissenting opinion, give credence to the idea that Roberts switched his vote late—a switch in time.)  Here are some excerpts from the Progressive jurist’s opinion.

The provision of health care is today a concern of national dimension, just as the provision of old-age and survivors’ benefits was in the 1930’s.  In the Social Security Act, Congress installed a federal system to provide monthly benefits to retired wage earners and, eventually, to their survivors.

But this is a distortion, an…inaccuracy…, and a revealing blind spot in her own understanding of history.  What the New Deal Congress enacted was a program of supplemental, not of replacement income, for the retired, who were expected to be supported by their families, and for a then-actuarial life expectancy of some 5-7 years in retirement.  Today’s Obamacare is intended to provide—entirely—”health care” from cradle to grave, some 85 years today.  And Justice Ginsburg perpetuates the erroneous, but careful, combination of health care and health “insurance” into the same thing.

Then she continued the above:

According to the Chief Justice the Commerce Clause does not permit that preservation [of an alleged central role for private insurers]. This rigid reading of the Clause makes scant sense and is stunningly retrogressive….

Two things here.  In the first place, that preservation should be wholly irrelevant, since there should be no central role to be played in the government’s health “care” program, since there should be no such program.  Withal, that’s not a constitutional question, but a political one.

The real problem is the mindset Ginsburg exposes with that “rigid reading” canard.  What other reading is possible for a document that is supposed to be changeable only by the people through a formal amendment process, and not changed at convenience through judicial creative “interpretation” to support whatever goal falls to hand?

Ginsburg plowed on:

The Chief Justice’s crabbed reading of the Commerce Clause harks back to the era in which the Court routinely thwarted Congress’ efforts to regulate the national economy in the interest of those who labor to sustain it….

And

The Chief Justice’s novel constraint on Congress’ commerce power gains no force from our precedent and for that reason alone warrants disapprobation….

Rather than “crabbed” or “novel,” this is an entirely accurate reading.  The Commerce Clause permits the Congress only to regularize the commerce among the several States, not to centrally manage the entire economy—for any purpose.  And there’s that mindset, even more so: according to Ginsburg, the world began with Jones & Laughlin and Wickard.  She carefully elides the fact that these two cases had themselves overturned 120 years of precedent and case law under the Commerce Clause that had held, explicitly, that commerce that occurred wholly within a State was beyond the reach of the Federal government to regulate, and that such trivial things as acts of production or thinking about a transaction were not even commerce, no matter the decision taken or where the produce might ultimately be destined.

Then she wrote this:

The Chief Justice also calls the minimum coverage provision an illegitimate effort to make young, healthy individuals subsidize insurance premiums paid by the less hale and hardy.  This complaint, too, is spurious….

But then she acknowledges, just three sentences later,

Those who have insurance bear the cost of this guarantee.

Her internal contradiction shows her disingenuousness.  “Those who have insurance” include the “young, healthy individuals” who are Dragooned by Obamacare into buying health “insurance” coverage they do not need and would not otherwise buy.  This Dragooning, of everyone, was justified explicitly as being in order to subsidize insurance purchases by “the less hale and hardy.”

And there’s this plain, Progressive meme:

…the Chief Justice plows ahead with his formalistic distinction between those who are “active in commerce,” and those who are not….

Now she’s channeling Judge Kessler, who ruled in Mead that our private decisions—our thoughts—are regulable by the government under the Commerce Clause.

She also writes, concerning her other colleagues’ joint dissent, that they are

asserting, outlandishly, that if the minimum coverage provision is sustained, then Congress could make “breathing in and out the basis for federal prescription[.]”

This is a dangerously naïve, yet typically Progressive, position to hold about a government.  No government of theirs would ever get so out of hand.

Obamacare, the IRS, Privacy, and Whose Money Is It, Anyway?

Here is a partial list, courtesy of Elizabeth MacDonald of Fox Business, of the additional privacy invasions in which Obamacare requires the IRS to engage, in order to ensure that you, “private” citizen, are complying with the Progressive Government’s determination of what is appropriate for you.  Understand, you’ve lost the right to determine what level or type of health insurance coverage is appropriate—the Progressive Government will determine that for you.  You’ve also lost the right to determine what level of coverage is affordable according to your own—or your small (or large) business’ estimate—expense pattern and what you’ve decided you’re willing to pay—the Progressive Government will determine that for you.

According to the Taxpayer Advocate Office, we erstwhile private citizens must tell the government’s man, under Obamacare,

  • our insurance plan information, including who is covered under the plan and the dates of coverage;
  • costs of [our] family’s health insurance plans;
  • whether [any of us] had an offer of employer-sponsored health insurance;
  • cost of employer-sponsored insurance;
  • whether [any of us] received a premium tax credit;
  • whether [any of us] has an exemption from the individual responsibility requirement.

Moreover, the IRS under Obamacare is requiredauthorized to talk with folks about us with whom they never before had routine contact—all to ensure that we’re “paying our fair share.”  This list includes

  • new state-run insurance exchanges;
  • employers;
  • insurance companies;
  • government insurance programs.

Your W-2 no longer is enough; now the IRS will be quizzing your employer in great detail.  The fact that you do, or don’t, have health insurance coverage no longer is a private matter; the Progressive Government will be quizzing your insurer.

On top of this, if we must pay a penaltytax because we don’t have the Progressive Government’s definition of “adequate” coverage, that tax is designed to be the maximum collectable, not the minimum.  The tax is either a fixed dollar amount, or a percentage of our income above the filing threshold, whichever is greater.  Even common criminals, on conviction, don’t automatically get the maximum sentence in every case.  But then, your money really isn’t yours, anyway—it’s the property of the Progressive Government; it’s just ensuring it gets every bit of its property.  And the criteria for determining the size of our tax?  They include more destruction of our privacy:

  • the IRS determines our “household income,” the sum of the incomes of everyone living under our roof
  • the IRS will demand to know the insurance coverage of each person living under our roof.

If anyone is lacking proper insurance, you get the tax.

It’s just as bad for the small businesses that we “private” citizens run, now for the benefit of government rather than for our own purposes.  Here’s an example of the penaltytax “your” small business must pay.

Businesses with more than 50 employees are required under Obamacare to provide “adequate” health insurance coverage for all of their employees.

The tax is $2,000 per employee, but the business must first knock out from the math the first 30 workers—part-timers don’t count.

Example: If you have 51 full-time employees and 15 part-time employees throughout the year, and one full-time employee is receiving a tax credit to help them buy health insurance [because you’re not providing “adequate,” “affordable” insurance for that employee], your business will have to pay:

51 (the number of full time employees) – 30 (the first 30 employees are excluded)

21 x $2,000 = $42,000

Notice that: one employee is getting short-changed (according to the Progressive Government), so we pay the penalty on a multiplicity of employees.

Think about the effect this will have on hiring.

Read Ms MacDonald’s entire article to see a fuller the list of abuses Obamacare heaps on what used to be “our” businesses.

Remember all of this in November.

President Obama’s Obamacare Tax Increase on the Middle Class

Straight from the horse’s mouth.  Chief Justice John Robert’s Majority Opinion includes this [emphasis added]:

The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause.  That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.  In this case, however, it is reasonable to con­strue what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance.  Such legislation is within Con­gress’s power to tax.

The whole opinion, and the two dissents, can be read here.

Europe’s Labor Problems

Aside from the debt and profligate spending problem, Europe’s labor laws are large contributors.  The Wall Street Journal recently described Italian labor law.  And Italy is not atypical for Europe.

  • Business pays 2/3 of each employee’s social security costs (I won’t go into how cheap we Americans are compared to the Europeans when it comes to social security).
  • Businesses with more than 10 employees (quoting the WSJ)

must submit an annual self-assessment to the national authorities outlining every possible health and safety hazard to which your employees might be subject.  These include stress that is work-related or caused by age, gender and racial differences.  You must also note all precautionary and individual measures to prevent risks, procedures to carry them out, the names of employees in charge of safety, as well as the physician whose presence is required for the assessment.

  • Businesses with more than 15 employees encounter very onerous limits on the ability to fire an employee, for any reason.
  • Businesses with more than 15 employees also must explicitly hire disabled—qualified or not—and must have at least 14 disabled employees when they go above 50 employees.  The businesses must maintain that 7% ratio at all larger sizes.
  • Businesses with more than 100 employees must submit to the government a biennial report on the gender dynamics within the company.  This report must include a tabulation of the men and women employed in each production unit, their functions and level within the company, details of compensation and benefits, and dates and reasons for recruitments, promotions and transfers, as well as the estimated revenue impact.

The WSJ cites the OECD as noting that

All of these protections and assurances, along with the bureaucracies that oversee them, subtract 47.6% from the average Italian wage….  Two-thirds of that bite comes before payroll, meaning many Italian workers are unaware of their gross cost to employers.

I mean, really.  YGTBSM.

Hope and Change

The last 3½ years have seen a lot of this slogan.  While the hope—for the better—waned long ago, President Obama has, in fact, achieved quite a lot in the way of change.  Here are some of those changes:

He got Obamacare rammed through, albeit in the dark of night in a wholly, cynically, partisan manner, and he did it without a single Progressive (or Republican, come to that) congressman actually reading the bill prior to voting on it—some proud in their ignorance.  This bill achieves quite a lot: it lets children extend their childhoods and parental dependencies to their 26th year, by staying on mumsy’s and popsy’s health insurance policies.  It adds to the Federal deficit with its trillion-dollar costs.  It lets you, taxpayers, pay for coverage for an additional 20+ million health insurees.  It nationalizes the health care and health insurance industries.

He got Dodd-Frank rammed through in the same manner and with the same level of Congressional ignorance.  And pride of ignorance.  This bill also achieves quite a lot.  It creates a fourth branch of government in the Consumer Financial Protection Bureau and the Financial Stability Oversight Council.  These two agencies are wholly unaccountable to the Congress—and so to us—are not under control of the President, and at least the CFPB’s budget comes, on demand, from the Federal Reserve System.  Yet these two will, single-handedly and without oversight, determine whether financial institutions will be allowed to do business (vis., extend loans or credit of any sort—even at your corner mom and pop grocery store) and the conditions under which they will be allowed to do so.

He’s achieved a trillion-dollar cut in our defense capacity at a time of rising PRC aggressiveness, a soon-to-be-nuclear-armed Iran, and an expansive, grasping Russia.  This includes a shrinking Navy, a gutted Army, and an Air Force with little capacity for anything other than looking pretty in fly-bys.

In an apparent nod to an earlier Secretary of State, Henry Stimson, he’s leaking every cyber-warfare and counter-terrorism secret we used to have to the news outlets.  Apparently, if we have no secrets, other gentlemen have no need to resist the temptation to read ours.  Or he subscribes to the theory that if we tell our enemies everything we have, we don’t need to spend our resources trying to figure out what they know about us (another savings!).  Or both.

He’s instructed his DoD to desist using unpleasant interrogation techniques.  And, since he believes our enemies have no knowledge of anything that’s of intelligence value at all, he’s instituted a program of killing them rather than capturing them and having to figure out how to hold them and question them.  And he brags about personally selecting, by name, the ones that are to be assassinated—a Roman circus thumbs down from the Emperor.

No, Obama has wrought enormous change.  Just all of it has been destructive of our great nation.

We need to fix this.