A Catastrophically Crappy Column of Crazy Chaotic Crap… Like No Other

Author and deranged mental patient Wall Street Journal columnist Peggy Noonan had a piece last week, with a title that was apparently meant to describe the quality of the piece of itself:

A Catastrophe Like No Other

This is a pretty dramatic hook, but not all hyperbole is bad, and I can think of a number of ongoing and recent clusterfucks of historic proportion that could plausibly qualify as “catastrophes like no other.”  There’s the situation in Syria, for example, or the truly harrowing violence taking place in the Central African Republic.  There’s Crimea and the danger posed by Russia’s escalating aggression.  There’s climate change…

The president tries to put a good face on ObamaCare.

…and then of course there’s the legislative effort of a duly elected democratic government to solve the worst problems of a broken healthcare system and reduce the number of uninsured citizens.  That’s the historic catastrophe Noonan chooses to take on.

She lives up to the scale of the disaster with a bigger pile of garbage than you could find floating in the Pacific.  Let’s have a look:

Put aside the numbers for a moment, and the daily argument.

WHAT A REFRESHING SENTIMENT.  Alright, Peggy Noonan, I’ll play your game.  Consider the numbers and the daily argument “put aside.”  Proceed, madam.

“Seven point one million people have signed up!”

W-wait, what? I thought you said–

“But six million people…”

But… I thought…I’m sorry, aren’t these numbers?  I thought we were putting them aside? They’re, like, over there now.  You know, off to the side and stuff…

“…lost their coverage and were forced onto the exchanges! That’s no triumph, it’s a manipulation.”

That’s an argument, isn’t it?  You told me to put my arguments over there, too!  I don’t understand, is this where I explain why this is just a lie? Or are you the only one who gets to argue now?

“And how many of the 7.1 million have paid?”

I’m so confused.

“We can’t say, but 7.1 million is a big number and redeems the program.”

SO YOU ADMIT THAT  7.1 MILLION IS A NUMBER!

“Is it a real number?”

DAMN RIGH—wait, what?  Oh… OHHHH… wait, no… so, er… wait… ok…

OK! I think maybe I’m starting to get it… so we only put real numbers aside before, is that it?  So does that mean your 6 million number wasn’t real? (NOTE: it wasn’t)

But… hold on… I think you’d have to have the square root of -1 in there somewhere for it to be an imaginary number, right?

“Your lack of trust betrays a dark and conspiratorial right-wing mindset.”

Said who, exactly?  Seriously I’d like to know who said this.  Ever.

“As I say, put aside the argument…”

Will you please tell me what the fuck is going on?  You’re obviously about to make a fucking argument.  You’ve been making a fucking argument.  Isn’t the whole point of this shit column to make an argument about Obamacare?

“…step back and view the thing at a distance.”

Is this so that we can’t see “the thing” clearly enough to recognize the hilarious absurdity of what you plan to say about “the thing”?

“Support it or not, you cannot look at ObamaCare and call it anything but a huge, historic mess.”

Challenge accepted!

 

The Thing (4)

CHECK AND MATE, MADAM.

It is also utterly unique in the annals of American lawmaking and government administration.

So, look, I’m not usually the sort of person to make a point of calling people out when they make the mistake of using an amplifying adverb to modify a word that describes a binary condition.  The word “unique” means “one of a kind.”  Something is either unique or it isn’t.  It’s the only one of its kind, or it’s not.  It can’t be very unique, or somewhat unique.  It’s a binary condition; it’s 1 or 0.

Still, it’s kinda nitpicky to make a big deal out of it.  Sure, you might reasonably expect one of Ronald Reagan’s primary speechwriters to know better, but again, in general my tendency with this sort of thing is just to chuckle to myself and move on.

It’s just… I mean… UTTERLY?  It’s UTTERLY unique?  That’s just fucking awful. Utterly unique?  As in, like, completely unique?  As in not partially unique?  How can “a thing” be partially unique?  Can it be, like, not one of a kind, but two thirds of a kind?  There are only two thirds of the thing in existence, something like that?  PEGGY NOONAN WOULD LIKE IT TO BE CLEAR THAT OBAMACARE IS MORE THAN 66.6% UNIQUE IN THE ANNALS OF AMERICAN LAWMAKING, PEOPLE.

Its biggest proponent in Congress, the Democratic speaker of the House, literally said—blithely, mindlessly, but in a way forthcomingly—that we have to pass the bill to find out what’s in it. It is a cliché to note this. But really, Nancy Pelosi‘s statement was a historic admission that she was fighting hard for something she herself didn’t understand, but she had every confidence regulators and bureaucratic interpreters would tell her in time what she’d done. This is how we make laws now.

First of all: LoL “forthcomingly.”

More importantly: this is UTTER horseshit of a truly classic vintage. It drives me fucking crazy that Republicans get away with routinely attacking the intentions and good faith of people they disagree with.  You think the Affordable Care Act is bad policy, fine.  But does anyone actually think it’s fucking reasonable to suggest that Nancy Pelosi fought so hard and risked so much to pass a historic piece of legislation the same way I accept the iTunes Terms and Conditions?  That, rather than sincerely trying to better this country’s healthcare system, she was just mindlessly advocating for legislation she knew nothing about, with the expectation that a bureaucrat would give her some Cliff’s Notes on the main points after it was done?

Here’s Nancy Pelosi during the healthcare debate that took place in the alternate universe that Peggy Noonan occupies: “Durrrr I got this bill I don’t know what’s in this bill but it’s like super-ultra-MEGA-UNIQUE and communism and stuff, and maybe I’d read it but GAHHH SO MANY WORDS and anyway I really don’t need to read it because I’m pretty sure it’s got, you know, regulators and bureaucratic interpreters and Bolshevik agents and all that good shit, plus you know healthcare and handouts and making Americans dependent on government and HEIL OBAMA and anyway those regular—sorry, regulation—sorry those REGULATOR dudes will be super FORTHCOMINGLY with me and I’m sure they’ll fill me in later about the HOW we destroyed freedom but the point is that we ARE destroying freedom at least I’m pretty sure this bill destroys freedom even though I don’t like KNOW that the bill destroys freedom because I don’t know what’s in the bill because I didn’t read it but still I’m pretty sure it destroys freedom YAY!”

The whole “we have to pass the bill to find out what’s in it” line has been a favorite of Obamacare’s detractors.  It’s tossed around to conjure a suspicion of bad faith, to suggest a corrupt lack of transparency in passing the bill, to call into question the law’s legitimacy.  And it’s been pretty effective because it does sound like rather a suspect thing to say.

Here’s what Pelosi actually said, in context:

You’ve heard about the controversies within the bill, the process about the bill, one or the other. But I don’t know if you have heard that it is legislation for the future, not just about health care for America, but about a healthier America, where preventive care is not something that you have to pay a deductible for or out of pocket. Prevention, prevention, prevention—it’s about diet, not diabetes. It’s going to be very, very exciting. But we have to pass the bill so that you can find out what is in it, away from the fog of the controversy.

This is not the most elegantly articulated thought.  It’s also pretty obvious that Pelosi was not saying that nobody, including herself, gets to know what’s in the bill until it’s passed into law, as if this is some legislative version of Let’s Make a Deal.  Dave Weigel sums reality up nicely (in the article linked above): “Pelosi was trying to say that the press was only reporting he-said-she-saids about the bill, and that its benefits would become clear, and popular, once it passed.”

Not that this matters to Noonan or to the many Republicans who would prefer pull the one line from context and then tell you what to think about it.

Her comments alarmed congressional Republicans but inspired Democrats…

Alarm /əˈlärm/ verb 

past tense: alarmed; past participle: alarmed

Definition: Cause someone (usually a Republican) to experience euphoric excitement at the opportunity to gleefully disseminate a quote (usually from a Democrat) out of context in order to score political points by shamelessly misleading voters about important policy issues.

…who for the next three years would carry on like blithering idiots making believe they’d read the bill and understood its implications. They were later taken aback by complaints from their constituents.

This will probably sound strange coming from someone who likes to swear a lot while writing blog posts castigating conservatives, but is it really okay to just go ahead and call an entire party of elected officials “blithering idiots” in the Wall Street Journal?  I mean, even I try to stay away from calling people idiots.  I have no qualms about mercilessly ridiculing idiocy (see this very post), but I’d call someone a hilariously ignorant asshat before I called that person an idiot.  Maybe it’s weird but to me the word “idiot” is the one that seems to cross a line.  And in any case, I would never use either term if I were writing a column for a major newspaper.  It just strikes me as bad taste.

Etiquette aside, though, if you are going to call someone an idiot in a major national publication, shouldn’t you support the charge with, you know, evidence or something?  If you’re going to make a blanket declaration that an entire party of elected officials “carr[ied] on like blithering idiots” after passing major legislation without fully understanding its implications or even reading it… shouldn’t you have to like, you know, support that with something?  Some “idiotic” quotes, or other examples of ignorance?  Even one example?  ANYTHING?

No?  Ok then let’s move on.

The White House, on the other hand, seems to have understood what the bill would do, and lied in a way so specific it showed they knew exactly what to spin and how. “If you like your health-care plan, you can keep your health-care plan, period.” “If you like your doctor, you can keep your doctor, period.” That of course was the president, misrepresenting the facts of his signature legislative effort. That was historic, too. If you liked your doctor, your plan, your network, your coverage, your deductible you could not keep it. Your existing policy had to pass muster with the administration, which would fight to the death to ensure that 60-year-old women have pediatric dental coverage.

Alright so this is the one spot where Noonan the Peggtastic has a point.  She way overplays her hand, of course, and she dilutes the legitimacy of her argument with a healthy dose of bullshit, but I want to be as fair as I can.  And I do have to admit: there is something to the conservative gripe that Obama was at least a little misleading in the way he sold his healthcare bill to the public.

Obama did say those things, and they weren’t completely true.  The whole truth would have been something like:

“If you like your healthcare plan, you can keep your healthcare plan, provided that it satisfies the minimum coverage requirements we’re putting in place to make sure that everyone who has health insurance actually has a baseline level of legitimate, viable coverage.  If not, well, frankly you probably shouldn’t like your healthcare plan, but in any case you will ultimately need to get a different plan, which other provisions in the bill will make sure you can afford.”

And:

“If you like your doctor, you can keep your doctor, unless your doctor and your insurance provider can’t arrive at an agreement about compensation and your doctor chooses to leave the network.  This is always, and has always been a possibility regardless of the healthcare bill, but it is admittedly a little more likely given that the bill alters the market dynamics of the healthcare industry.”

But that’s not what Obama said, and I can understand why some would be troubled by it.  Peg-a-noonie-kins, though, takes her limited grounds for righteous indignation way over the line.

“If you liked your doctor, your plan, your network, your coverage, your deductible you could not keep it.”  This is at least as misleading a statement as anything Obama said.  Noonan is saying that no one who likes their doctor or plan or network or coverage or deductible has been allowed to keep it.  This is just false.  She would have you believe that everyone with health insurance was sent a questionnaire asking if they are satisfied with their healthcare coverage, and anyone who answered “yes” saw their coverage summarily cancelled.

I don’t think I’m being unfair.  It would not have been hard to throw a “necessarily” in there–“…you could not necessarily keep it”–but Noonan chose not to, the same way she chose to take a misleading cheap shot with the whole “pediatric dental coverage” line.

The healthcare bill requires that all healthcare plans provide ten “essential health benefits.”  You can read them all here.  Two of the ten are related: maternity and prenatal care, and pediatric services.  So, yes, that means that men end up paying for health insurance that covers maternity and prenatal care.  And, yes, it means that Pegga-Noodle-Doo has to pay for pediatric dental care.

Here’s why: either everyone pays for those things, or we accept that it costs more to be a woman than a man.  Ask yourself if you agree with this statement: no American should be required to pay higher insurance premiums based solely on that individual’s gender. 

The simple truth is that women can get pregnant and men cannot.  Another truth is that pregnancy is really expensive.   Prior to Obamacare, this meant that women had to pay more for health insurance than men, because insurance companies sell protection against financial risk, and human beings with a uterus pose a greater financial risk than human beings without one.  Obamacare overruled that calculation by stipulating that no one can be charged a higher premium on the basis of gender.

For that to work, though, we have to split the difference between the premiums paid by men and women.  Because women do actually represent a greater financial liability to insurance companies than men.  Before Obamacare, that was borne out in the premium payments: women could get pregnant so had to pay more; men couldn’t so they paid less.  If we agree that it’s not fair to charge women more for health insurance simply because they are women, then men have to pick up some of the slack and meet in the middle.

The “pediatric dental coverage” is just a component of all this.  The bill requires coverage for maternity and newborn care; it also requires that children have access to dental and vision coverage.  Although, I should mention that it’s also bullshit to say that the administration would “fight to the death” for this particular provision, given that the Department of Health and Human Services has issued rules “effectively making [pediatric dental] coverage optional” in most states.

The leaders of our government have not felt, throughout the process, that they had any responsibility to be honest and forthcoming about the major aspects of the program, from its exact nature to its exact cost.

The Congressional Budget Office has scored the bill throughout the whole process and consistently found that it will reduce the deficit–that is, it will cost less than zero.   The major aspects of the program have been consistently in line with what we were told, and if Pegg-The-Tail-On-The-Donkey has an example to the contrary she might have cited it here.

We are not being told the cost of anything—all those ads, all the consultants and computer work, even the cost of the essential program itself.

You can find the HHS’s budget request for Consumer Information and Outreach (“all those ads”) for FY2015 here.  I’ll confess I’d prefer more immediate transparency with respect to cost of developing healthcare.gov (“all the consultants and computer work”), but Health and Human Services Secretary Kathleen Sebelius has testified at some length to this question, which you can read about here.  As for the cost of “the essential program itself,” the nonpartisan Congressional Budget Office has calculated the cost of Obamacare and concluded, as I mentioned a moment ago, that it will reduce the deficit.

What the bill declared it would do—insure tens of millions of uninsured Americans—it has not done. There are still tens of millions uninsured Americans.

When I first read this, I assumed I was being trolled.  Someone had hacked the WSJ’s website and posted this column under Peggy Noonan’s name to make fun of me personally.  Noonan’s beloved Republicans have fought at every juncture to thwart the success of the bill, stop people from enrolling, refusing to cooperate with coverage expansion where they can, and overall just being a bunch of dicks about the whole thing.  Now I have to listen to Peggy Fucking Noonan tell me HEY IT HASN’T SOLVED THE ENTIRE PROBLEM OF UNINSURED PEOPLE IMMEDIATELY WHAT A FAILURE!

This post is already going to run way too long so I’m not going to go all the way into this.  I just want to point out that 24 states have refused federal funding for Medicaid expansion, which would pay for 100% of the cost of expanding coverage initially and 90% of the cost thereafter.  Which is to say that almost half of states, most if not all of which are controlled by Republicans, have refused to allow the federal government to fund health insurance for tens or hundreds of thousands of their constituents.  The result is 5.7 million Americans left needlessly uninsured.

On the other hand, it has terrorized millions who did have insurance and lost it, or who still have insurance and may lose it. The program is unique

HOW UNIQUE IS IT?

in that it touches on an intimate and very human part of life, the health of one’s body, and yet normal people have been almost wholly excluded from the debate.

The fuck does that even mean?  “Normal people” have been excluded from the debate?  Do you really not feel it necessary to offer any elaboration at all there?  You know, like, maybe give us a few characteristics of “normal people,” or a detail or two about how exactly they’ve been excluded from the debate, or maybe even an example of a “normal” person who’s been excluded from the debate?  Even one example?

This surely was not a bug but a feature.

I’ll take that as a “No.”

Given a program whose complexity is so utter and defeating that it defies any normal human attempt at comprehension, two things will happen.

This sentence defies any normal human attempt at comprehension.  Also:

 

UTTERR

 

(Yes I know cows have “udders.”)

Those inclined to like the spirit of the thing will support it on the assumption the government knows what its doing.

Definitely not because they think that, while imperfect, “the thing” is an overall smart and moderate measure  likely to alleviate some of the worst problems with our nation’s healthcare system.  One which, by the way, is largely working so far.  Definitely not that.  It’s definitely that they assume that government always works because they’re communists and hate freedom.

And the opposition will find it difficult to effectively oppose—or repeal the thing—because of the program’s bureaucratic density and complexity. It’s like wrestling a manic, many-armed squid in ink-darkened water.

WHAT?!

At first I was at a loss to understand how someone could even come up with something so outlandish, until I found the image below, which comes from what I can only assume is Peggy Noonan’s favorite movie: The Calamari WrestlerI’ve annotated it in accordance with the Peggster’s innermost thoughts.

600full-the-calamari-wrestler-screenshot

 

Also, I’m sorry to keep doing this, but “many-armed squid?”  As opposed to what, Peggy?  A few-armed squid?  Is there a class of squid with fewer than eight arms that I’m not aware of?  A type of squid that’s not as proficient at wrestling?  Or did you just feel the need to clarify that the OBAMASQUID being wrestled by Republicans has not been UTTERLY dismembered?

Social Security was simple. You’d pay into the system quite honestly and up front, and you’d receive from the system once you were of retirement age. If you supported or opposed the program you knew exactly what you were supporting or opposing. The hidden, secretive nature of ObamaCare is a major reason for the opposition it has engendered.

LoLNO.  Actually it’s the opposite: the relentless campaign of misinformation from ObamaCare’s opposition is a major reason why so many people find it hidden or secretive or confusing.

The program is unique…

HOWUNIQUE

…in that the bill that was signed four years ago, on March 23, 2010, is not the law, or rather program, that now exists.  Parts of it have been changed or delayed 30 times.

Well, all the changes have been minor, but I see Pegasus-Noontime’s point. Clearly, landmark legislation proscribing large-scale government initiatives should not allow the administration any leeway at all in making adjustments to the implementation plan.  It should be obvious that all government undertakings ought to be judged as wholesale failures if they deviate at all from their initially intended path.

Incidentally, the fact of a bill being amended does not make it UNIQUE.  Here’s a list of the many times Social Security has been amended over the years.

It is telling that the president rebuffed Congress when it asked to work with him on alterations, but had no qualms about doing them by executive fiat.

ARE YOU FUCKING SERIOUS?! REPUBLICANS IN CONGRESS HAVE VOTED TO REPEAL OR OTHERWISE DISMANTLE OBAMACARE MORE THAN FIFTY FUCKING TIMES!

Is that their way of asking the president to work with them on alterations to the bill?  You know, the way Walder Frey worked with Robb Stark on resolving their differences over Robb’s broken marriage vows? (NOTE: That link Contains a Game of Thrones Season 3 spoiler)

The program today, which affects a sixth of the U.S. economy, is not what was passed by the U.S. Congress.

Yeah… it pretty much is.

On Wednesday Robert Gibbs, who helped elect the president in 2008 and served as his first press secretary, predicted more changes to come. He told a business group in Colorado that the employer mandate would likely be scrapped entirely. He added that the program needed an “additional layer” or “cheaper” coverage and admitted he wasn’t sure the individual mandate had been the right way to go.

Assuming I understand correctly, Noonan’s intention with this paragraph is to support her facile “bait-and-switch” argument, the premise of which is that administrative efforts to avoid economic disruption by delaying the implementation of certain provisions in Obamacare amounts to wholesale fraud.

I couldn’t find a quote (and obviously Noonan doesn’t provide one) for Gibbs’ comments regarding the Individual Mandate, but it isn’t going anywhere–at least not while Obama is president.  The Employer Mandate is a minor but flawed provision that should probably be scrapped if Republicans in congress had any interest in making the bill work better, instead of blowing it up.  The idea of relaxing minimum coverage requirements to allow for “disaster coverage”-type plans with lower premiums and higher deductibles has indeed attracted some support as a moderate, incremental proposal for improving the way the bill works–it is by no means a radical deviation from the bill’s core provisions.

Finally, the program’s supporters have gone on quite a rhetorical journey, from “This is an excellent bill, and opponents hate the needy” to “People will love it once they have it” to “We may need some changes” to “I’ve co-sponsored a bill to make needed alternations” to “This will be seen by posterity as an advance in human freedom.”

Here Noonan blithely ascribes to all Obamacare supporters a series of “quotes” without bothering to cite even one actual human being.  It’s also worth mentioning that the “rhetorical progression” she’s positing doesn’t even make sense in the context of her point; an individual could easily support every statement in the “progression” simultaneously, and at any point throughout the history of the bill.  She’s trying to make it sound as if Democrats keep changing their tune, but it is perfectly consistent to believe that Obamacare is an “excellent bill” that people “will love” once fully implemented, but which nonetheless may require some alterations to make the bill work better (or “alterNations,” as Noonan actually had it, because lol), and that ultimately history will judge the bill as a success.

Oh and Republicans hate the needy.

That was the president’s approach on Tuesday, when he announced the purported 7.1 million enrollees. “The debate over repealing this law is over. The Affordable Care Act is here to stay. . . . In the end, history is not kind to those who would deny Americans their basic economic security. Nobody remembers well those who stand in the way of America’s progress or our people. And that’s what the Affordable Care Act represents. As messy as it’s been sometimes, as contentious as it’s been sometimes, it is progress.”

Someone said it lacked everything but a “Mission Accomplished” banner.  It was political showbiz of a particular sort, asking whether the picture given of a thing will counter the experience of the thing.

“Someone said.”  Could have been me, could have been alternate-universe Pelosi, could have been my cleaning lady, or the unicorn that lives in my shoe!

But yeah, Peggy, I see what you did there. The whole President Bush in Iraq thing, amirite?  I totally remember it.  When Bush stood up there on the aircraft carrier less than six weeks after we invaded Iraq, and he’s got this “Mission Accomplished” banner, and he’s talkin’ all this shit about YO WE WENT IN HERE AND WE WON JUST LIKE I SAID WE WOULD BITCHES and then he dropped the mic and shit, but then it turned out that actually it we hadn’t really quite yet won because actually we were gonna be there for like another 8+ years and thousands of Americans were gonna die so probably it was, you know, a little premature to say MISSION ACCOMPLISHED or whatever because actually the mission wasn’t accomplished and wasn’t ever going to be and the thing turned out to be a huge disaster.

So ya, really nicely done, Peggy, I’m totally with you, Obama’s doing the same thing here. Sure, I mean, instead of committing our military to a protracted, bloody, expensive occupation of a sovereign nation based on false pretenses, Obama’s trying to do something about a broken American healthcare system so as to improve American lives.  But whatever, like the saying goes, “I say tomato, you say TOMATOES ARE RED AND THEREFORE COMMUNISTS.”  Point is, Obama’s claiming victory, but he’s being premature, just like George W. Bush.  Got it.

Say, Peggy, by the way, did you have anything to say about whether we’d accomplished our mission in the Iraq war around the time of the “Mission Accomplished” banner incident you’re referencing?  Like, I don’t know, let’s just say… April 7, 2003?  You must remember, it was less than three weeks after the invasion, more than three weeks before the banner…

The war is almost over and young Americans on the ground have won it, and they are doing it like Americans of old. With their old sympathy and spirit, and a profound lack of hatred for the foe, and with compassion for the victims on the ground. Iraq, meet the grandchildren of the men who made the Marshall Plan.

Yeah.

There are very, very few Democrats who would do ObamaCare over again.

Again Noonan doesn’t bother to offer a single example, not even ONE quote in support of this broad assertion.

Some would do something different, but they wouldn’t do this. The cost of the blunder has been too high in terms of policy and politics.

Indeed, over a year later, Democrats are still struggling to recover from their victory in the 2012 presidential election.

They, and the president, are trying to put a good face on it.

Yes.  It’s sad.  Let us all pity those poor misguided communist sympathizers, toiling in futility “to put a good face” on a law that has accomplished nothing.  Nothing at all.  Nothing more than reducing the number of uninsured Americans to the lowest level since 2008 while reducing the deficit; nothing more than guaranteeing that Americans with preexisting conditions can get access to health insurance, that all Americans can stay on their parents’ insurance until age 26, that no American can be denied coverage at the moment of greatest need, or that no American can ever exhaust their access to healthcare because of lifetime caps.

How could anyone put a good face on such a “catastrophe like no other?”

Republicans of all people should not go for the happy face.

It’s easy to just gloss over this one without appreciating the inanity of it.  Seriously, what the fuck does “going for the happy face” mean?

They cannot run only on ObamaCare this year and later, because it’s not the only problem in America. But it’s a problem, a big one, and needs to be hard and shrewdly fought.

“Someone said” that “support [her] or not, you cannot look at [Peggy Noonan] and say that” she shouldn’t apologize to all Americans for her embarrassing asshattery before founding, and then committing herself to, an institution for deranged conservative pundits.

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Filed under Obamacare, Silly Republicans

I Dunno Andrew, Maybe We’re Just Dumb

So Andrew Sullivan got a bunch of his readers a bit worked up with a recent post entitled “Ted Cruz Is Right.”  Cruz was speaking about the recent vote to raise the debt ceiling when he said:

What Republican leadership said is we want this to pass, but if every senator affirmatively consents to doing it on 51 votes, then we can all cast a vote no and we can go home to our constituents and say we opposed it. And listen, that sort of show vote, that sort of trickery to the – to the constituents is why Congress has a 13 percent approval rating. In my view, we need to be honest with our constituents. And last week, what it was all about was truth and transparency. I think all 45 Republicans should have stood together and said of course not.

Sullivan’s comments:

A-fucking-men. The entire Washington dance of wanting things to pass but not wanting to actually vote for them is both an inevitable part of political maneuvering and also deeply corrosive, if allowed to become the norm, of representative democracy. There has come a point in Washington where what would appear to sane outsiders as an act of preposterous hypocrisy, weaseling and cowardice … has simply become routine. And the umbrage of two-faced Senators complaining that they actually had to take a stand on something is, once you allow the layers of world-weariness to peel off, an obvious affront to, well, all of us.

One of the great things about Sullivan’s blog is his unwavering dedication to reading and publishing reader feedback, and he received a lot of it regarding this post.  In a follow up, he quotes a reader taking issue with his validation of Cruz on the basis of the filibuster, insisting on the importance of distinguishing between a vote for cloture and a vote for the bill (or nomination) at issue.  It was a pretty good point I think.

Sullivan apologized for oversimplifying (“the compression”) and noted that he’d received a lot of objections in his inbox.  He then offered the following in the way of clarification:

[I]n so far as McConnell wanted to avoid a filibuster, I agree with many readers that it was a good thing. But McConnell’s motive was not opposition to filibuster abuse. It was not wanting to vote for something he actually supported, for fear it could damage him for re-election. Of course, that kind of maneuvering is necessary now and again. It can be a regular tactic in tough political choices. But when it becomes completely reflexive – when so much of public policy is determined not by sincere positions on policy but almost entirely by cynical, self-interested positioning, it’s no surprise Americans loathe Washington so much.

I think Sullivan is looking at this the wrong way.  Or at least, the point of view he’s expressing seems to ignore the bigger issue, which is that what McConnell is doing works.

I share Sullivan’s concern about apparent acts of “preposterous hypocrisy, weaseling and cowardice” becoming “routine” or “reflexive.”  I too lament the sad, cynical, self-interested maneuvering of our lawmakers, and our ever-declining level of national discourse.

But I have to ask: who, exactly, is Sullivan talking about when he refers to “sane outsiders”?  Because if he’s referring to America’s general electorate, it doesn’t seem at all clear that the behavior at issue in these posts “appear[s]” to those outsiders as especially deplorable.  Or perhaps it “would appear” deplorable (emphasis mine d’uh) if they bothered to make themselves aware of it.  The point, though, is that all these loathsome political machinations work.  American voters simply don’t hold their politicians accountable for the sort of behavior Sullivan is talking about.

Sullivan writes “when so much of public policy is determined… almost entirely by cynical, self-interested positioning, it’s no surprise Americans loathe Washington so much.”  But this doesn’t make sense.  Americans are not exactly powerless here.  If they loathe Washington so much because their democratically elected representatives are determining policy through “cynical, self-interested positioning,” then Americans can choose not to democratically reelect those representatives.

But we do reelect them. Almost always. In 2012 the reelection rate in the House was 90%; in the Senate it was 91%.  So who’s really to blame for all this?  We’d all like politicians to always vote their conscience and work together in good faith to serve the interests of their constituents, to never prioritize their individual interests.  But we also know that for the most part they won’t; politicians respond to incentives just like everyone else, and our system of government was set up with this reality in mind.  The true measure of our approval or “loathing” is the ballot box, not an opinion poll.

If our representatives in government are determining policy based almost entirely on cynical and self-interested positioning, and we’re reelecting them year after year after year, then it seems to me that, if they aren’t actively incented to act out of such naked and cynical self-interest, they sure as hell aren’t incented not to.

How have we arrived at this point?  Why have American voters done almost nothing to hold accountable the elected officials who routinely engage in behavior we so uniformly claim to abhor?  How is it that Congress can have a 9% approval rating, but 90% of its members get reelected?

My delicate and polite answer to that question is that a large proportion of Americans just aren’t well enough informed about the various policy debates and proposals, the parliamentary tactics, the maneuvering and deal making, the CBO reports, the role of the Fed, and so on.  Americans are busy people with jobs and families and hobbies and many of them understandably lack the time and/or the inclination to research and formulate a balanced and well-informed perspective on every issue.

Sometimes, though, I think maybe we’re just fucking dumb.

Obamacare has been pretty much the biggest political issue in America for years now, so I don’t think I’m demanding that everyone be a political junkie when I say I find the extent of this country’s ignorance on the subject depressing and pathetic.  In 2013 roughly 40% of Americans didn’t even fucking know that Obamacare was law!

I mean, holy shit people, almost 30% of us can’t even name the fucking Vice President!

Everyone’s into shrinking the government and cutting the deficit, but no one wants to cut Medicare or Medicaid or Social Security or (to a lesser extent) Defense.  We’d rather cut foreign aid, which Americans think is 27% of the budget (it’s 1%), or “waste.”

After cutting taxes more than two dozen times and saying as much basically every time he spoke in public, only 12% of people in 2010 were aware that Obama had lowered taxes.

So, Mr. Sullivan, I do hear you.  There is something to what Ted Cruz is saying: it just feels shitty to watch the Senate Minority Leader angling to vote “No” on something he actually does support just so he can go back and tell his constituents that he opposed it.

But I just keep coming back to the fact that when he stands up there and says to voters that he stood against the President raising the debt limit, it’s going to work.  Sullivan wants to blame McConnell for taking advantage of this, but shouldn’t we be asking ourselves why we give him an incentive to do so?  Why we make it so goddamn easy?  How we’ve let ourselves becomes so susceptible to oversimplification and misleading bromides?

Seriously, come on.  Look at those reelection stats again.  We all carry on and bitch and whine and shake our fists at the fuckheads in Congress, and oh politicians are such cynical self-serving slimeballs, we claim to have a higher opinion of cockroaches than Congress, we give them an approval rating of nine fucking percent… and then we send them all right the fuck back for another go around.

Remember back during the aftermath of the Newtown shooting, when it was looking as if we finally might make a little bit of headway on some basic, common sense gun regulation?  And then came that widely circulated poll showing that over 90% of Americans supported background checks as a condition of gun purchases?

And then… nothing happened.  Still hasn’t.  This has been the subject of much hand wringing on the left.  How is it possible that we can’t get a background check bill passed if more than 9 out of 10 Americans support it?

Many people have suggested plausible answers to this question, and many of those answers point at least in part to fear of retribution from the NRA, with its formidable fundraising machine and almost unparalleled electoral influence.  I think this is basically right, but I don’t think it’s enough to just leave it at that.  We need to pause a moment to really appreciate what it means for an elected official to oppose the will of 91% of American voters because he or she fears the retribution of a single lobbying group.

Because the NRA doesn’t just get to decide who gets elected—the voters do.  What the NRA does is influence those voters, and they do this mainly through election advertising.  So here we have members of Congress representing an electorate that overwhelmingly supports a particular measure, but they defy that support for fear of NRA attack ads demanding they be voted out of office for supporting the measure.

Again, take a moment to absorb this.  We live in a world where a politician cannot vote for a bill supported by 91% of American voters because he believes those voters will punish him for it on election day.  He figures, well, maybe they’d say they support it now, but next election cycle the NRA’s going to spend tons of money on ads attacking him for something like “falling into line with Obama’s effort to curtail our Second Amendment Rights and supporting a gun control measure that destroys freedom,” then cue his opponent solemnly pledging to stand up for the Constitution and fight to preserve our freedoms and oppose the Communists in Washington at every turn, and now our poor Congressman is stuck trying to be like, wait a second, come on people, all I did was vote for this one small thing that you supported, but at that point no one’s listening because ZOMG ISLAMONAZIBAMA MARTIAL LAW DURRRR. And really why should he put himself through all that?

And you know what?  He’s probably right.  Lots of people who would have supported background checks in a vacuum or to a pollster probably would turn on their elected officials the minute they see an ad attacking them for supporting “gun control.”

That’s the real problem.  We can talk all we want about our elected leaders’ naked self-interest and lack of integrity and the cynical political maneuvering that increasingly drives so much of our policy making in this country.  But I don’t really see how it’s going to stop as long as we keep rewarding it.

Gun control will happen when voters make it a priority.  When they say to their Congressman, I too believe in Second Amendment Rights, but I also believe that there are some basic steps we can take to make the country a little safer, and I’m going to cast my vote for someone with the courage and the integrity to defy the NRA and get those measures passed.  And I’m not going let the NRA trick me into holding that against you the next time around.

Politicians will stop their cynical political positioning when we stop being so easily fooled by it.  They’ll stop playing these silly games when the silly games stop working.  I really do think that to a large extent it’s on us.

I’m not really sure what anyone can do about this, and honestly it’s a little disheartening for me.  I just don’t know how to get people more engaged and informed in a balanced way.  And I do understand the temptation to blame the politicians for not having the integrity to speak plainly and fairly about policy issues, in a way that acknowledges the existence of nuance and complication and the possibility of good-faith disagreement and compromise.  I just don’t see how we can expect it if we don’t demand it on election day.  But for us to do that we have to have a rational, well informed, engaged electorate capable of seeing through the bullshit and not so easily susceptible to vague emotional rhetoric and oversimplified ideological hand waving.

I’m not convinced we have that.  The information is out there, but there’s so much of it coming from so many sources of various reliability with various agendas, and it’s just so easy to “inform” oneself extensively within the confines of exclusively biased left- or right-wing sources.

I don’t know the answer.  Campaign finance reform is probably part of it.  But I do have one suggestion: we need to talk about it amongst ourselves.  Politics has to stop being such a taboo topic of conversation, and the fact that it is demonstrates how emotional—rather than sober and rational—our engagement with political issues has become.  If we can’t talk about issues amongst ourselves for fear of souring relationships or provoking emotional outbursts, how can we ever hope to reach consensus?  We cannot relegate our engagement with matters of such importance to a one-way conversation with cable news pundits and canned political speeches.  I really believe that if we can engage each other in even tempered, rational conversation, where we share the facts and the data that support our views (or be exposed for lacking it), and really try to understand each others’ point of view, then maybe, slowly, that will “trickle up,” and our elected leaders might someday follow suit.

Probably not though.  What with all the people who still don’t accept evolution or climate change, not sure what I can say to them.  Maybe we’re just fucked who knows.

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Reality is Sometimes Harder to Understand than Misleading Sound Bites

The Atlantic’s website has an interview from yesterday with Scott Hogenson, the manager of a “Defund Obamacare” campaign being run by insane asylum association conservative grassroots organization ForAmerica. The interviewer was basically trying to get an answer to the question of why groups like ForAmerica, Tea Party Patriots, Heritage Action, and the Senate Conservatives Fund are all spending so much time and energy trying to defund Obamacare when it seems to be pretty much, well, impossible.  I found my way to this interview by way of an Ezra Klein tweet containing the best of the exchange’s questions:  “It sounds like you’re saying you have no idea, in practice, how this could actually get through Congress.”  Classic.

A well-informed acquaintance of mine suggested it might not be such a worthy enterprise to spend energy engaging “a guy who works for a group that is a bunch of clowns, even by GOP standards,” which, well, fair enough.  But for one thing, the clown caucus has gathered an unsettlingly high proportion of influence over the GOP; for another thing, I think the basic talking points that Hogenson advances are actually pretty in line with the “mainstream” GOP’s fanatical paranoia thinking about Obamacare; and for a third thing, it’ll be fun, and I think my seven or so readers will get a kick out of it (hi mom!).

And so let’s take a look at just the last question and answer from the interview:

Is there ever a time when one side of a policy debate has to admit they’ve lost? The vote was held, the other side won, and now it’s the law of the land and it’s time to move on?

That’s an interesting argument, but if it really is the law of the land, why is the administration making side deals with Congress to exempt them? Why are they delaying the employer mandate? How come they’re not putting the lifetime caps into place? How come the data hub is not yet secure? You can say this is the law of the land, but the implementations says otherwise. The implementation says, “We’ll do whatever we want.”

Let’s break this down piece by piece:

That’s an interesting argument…

“…which I’m just gonna completely ignore because obviously we won’t ever admit defeat.  Didn’t you hear me before? ‘People’ are really furious about what they see happening here!  How many people?  What people?  Fuck if I know.  But it’s a lot of people, ok?  I don’t need the ‘results’ of a ‘popular democratic election’ to know what people think about Obamacare.  Unless those results validate my point of view, in which case the people will have spoken.  But, like I said, the people are already speaking, so… um… where was I?  Oh right, people.  People are furious about Obamacare.  Lots and lots of people.  ”

…but if it really is the law of the land…

It is.

…why is the administration making side deals with Congress to exempt them?

It’s not.  This point is just total bullshit; one which represents, as Chait puts it, “the toxic combination of ignorance and bad faith that has characterized the right’s approach to Obamacare.”  I encourage you to read the whole piece because the truth behind this asinine talking point1 is a little subtle (Ezra Klein also has a useful synopsis).

The gist of it is that during debate on the healthcare bill, Sen. Chuck Grassley (R-Iowa) introduced an amendment he expected would fail so that Republicans could carry on about it later.  The amendment basically says that Members of Congress and congressional staff have to get their insurance through the exchanges setup by the ACA.  The idea was that the Democrats would refuse the amendment and then Republicans could go on Fox News and blather away about how Democrats didn’t have enough confidence in the exchanges to get their own health coverage through them.  Then the Democrats decided to be cute and allowed it to pass.

The complication arises because another provision of the ACA says employers with more than 100 employees can’t get access to the exchanges until 2017, as 95% of large employers provide subsidized insurance negotiated based on group rates to their employees as part of their benefits package.  The point of the exchanges is to facilitate access to competitively priced insurance plans for uninsured individuals that don’t have access to subsidized group rates from their employer.  What the amendment means, though, is that the Federal Government, which has more than 100 employees, has to insure members of congress through the exchanges, even though the exchanges don’t currently have any procedures or mechanisms to facilitate the premium support contribution from a large employer.  Currently the federal government pays a percentage of employees’ premiums though the federal benefits program, the same way a big company does.  The Grassley amendment introduces a problem wherein there’s no mechanism by which the federal government can continue to provide congressional employees with health care premium support.  Losing that support would effectively represent a major pay cut for all involved.

The “side deal” this dumbass is talking about refers simply to a decision made by the administration during implementation of the law that Members of Congress and their staff will get insurance on the exchanges as per the law, and the federal government will simply kick in the same amount it’s been paying in premium support all along.  As Klein puts it: “This isn’t, in other words, an effort to flee Obamacare. It’s an effort to fix a drafting error that prevents the federal government from paying into insurance exchanges on behalf of congressional staffers who got caught up in a political controversy.”

So Hogenson’s dumb.  Shocker.  Let’s continue:

Why are they delaying the employer mandate?

Because, unlike the Republicans, Obama is actually interested in taking steps to make the healthcare bill work, and you know, help people.  Because he’s not a dick.  And the employer mandate, despite being a minor provision affecting only about one percent of the work force, has created a few legitimate problems.  A lot of people, including on the left, would be in favor of repealing that piece of the law, and I haven’t seen anyone predicting that Obama would refuse, largely because, you know, he’s not a fucking dick.  The problem is that the Republicans are dicks, and they aren’t interested in making the law better to help people, because that would undermine their fanatical insistence that the whole bill be repealed yesterday.  Here’s how Chait puts it: “Major laws are routinely followed by legislative corrections to smooth out their glitches. But conservatives have steadfastly followed a strategy of the worse, the better, refusing to accept any changes to Obamacare short of repeal.”

So, Hogenson, they are delaying the employer mandate because it’s better for America to delay it, then hopefully get rid of it altogether and/or rewrite the provision to be less disruptive; and they’re delaying it because your team is being a bunch of dicks about the whole thing and won’t cooperate on fixing any of the problems they like to rant about.  And yes, administrative delays hold up the implementation of major legislation all the time.2

Next:

How come they’re not putting the lifetime caps into place?

So, I suppose Hogenson probably just misspoke here, or he really just has no clue what the fuck he’s talking about, but I assume he’s referring to a recently announced delay in implementing the ACA’s provision which sets an annual limit on out-of-pocket expenses at $6,350 for individuals and $12,700 for families.

The lifetime benefits provision in Obamacare actually ends a common insurance company practice of setting lifetime benefit limits in healthcare plans.  So before Obamacare, if your kid, say, needs open-heart surgery as a newborn, you might end up tapping out her lifetime benefit maximum before she turns 6, at which point the insurance company would say SORRY NO MORE HEALTHCARE FOR YOU GOOD LUCK MISSY (Organizing for Action has a recent ad telling just such a story).  Obamacare puts an end to that practice because, you know, SOCIALISM.  Also that provision is already in effect.

Now the annual caps were, in fact, delayed recently.  Why were they delayed, Mr. Hogenson?  Because in general it doesn’t make sense to force implementation of particular provisions in major legislation before the necessary preparations have been made.  You’d think I wouldn’t have to tell you this given your apocalyptic fear mongering, but reforming our broken healthcare system is rather a large and complex undertaking.  Flexibility and prudence in implementing the reform will help to minimize any unintended consequences and administrative friction.

As for the particulars, I direct you to Ezra Klein again for a run down.  The main point:

Some insurers and employers lack the capacity to keep track of an individual’s out-of-pocket health costs. They often use different companies to administer medical benefits and pharmaceutical benefits — and those companies’ computer systems don’t speak to each other. Implementing the rule would require upgrading those systems — and that takes time.

I dunno people, that seems pretty reasonable to me.  But I guess “THEY’RE DELAYING IT BECAUSE THEY’RE EVIL SOCIALISTS WITH NO REGARD FOR THE RULE OF LAW” is an okay way of looking at it too?

How come the data hub isn’t yet secure?

Because “data hubs” are really fucking hard to secure.  The New York Times was hacked. Mark Zuckerberg’s Facebook page was hacked.  Even Lockheed fucking Martin was hacked!  You know, Lockheed Martin, beneficiary of tens of billions of dollars of US defense spending every year, manufacturer of the most advanced fighter jet on earth?  Yeah, they got hacked.  Probably by China.  So we’re not talking about some trivially simple enterprise.  And the Administration is taking it seriously, because they want to get this right.

Hogenson, by the way, isn’t even saying here that he’s concerned about the ability of the government to secure the exchanges.  He brings up the data hubs in the context of saying that the administration is “doing whatever it wants” when it comes to implementation of the ACA, as if Obama is just sitting around in his office saying “well, you know, I could get everything up and secure today if I wanted to, but meh, whatever, maybe later, since I am after all a ruthless dictator and what I say goes.”  Then he drowns kittens in a Hitler costume I assume.

You secure the fucking data hubs, Hogenson.

You can say this is the law of the land…

It is.

…but the implementations says otherwise. The implementation says, “We’ll do whatever we want.”

Well, no.  The implementation says that there were always going to be unforeseen complications when this thing started going into effect, and the administration is soberly evaluating the problems that emerge and doing what it can to ease the transition.  It says that there are always delays, be it in business or in government, when managing the implementation of major initiatives.  It says that it doesn’t make sense to force every provision down everyone’s throat before the necessary steps have been taken for those provisions to work.  It says that the administration is dealing with a bunch of petulant children in the Republican caucus who refuse to cooperate on any legislative measures to improve the bill because they’d rather bitch about every little thing they can.  It says that the goal of the bill isn’t to score an unblemished political victory—the goal of the bill is to improve the lives of Americans by making sure that everyone has access to affordable health insurance, to eliminate the worst practices of the insurance companies, to establish a baseline level of coverage for every plan, to change the way we pay for healthcare, to make sure young people can stay on their parents’ plans.  And it says that the Obama Administration is interested in doing it right.

Hogenson’s comments about the implementation of the plan, however, say that he and those of his ilk are either ignorant or liars.

 

NOTES:

1 A quick sidebar here, based on something a friend told me upon reading my first draft of this post, and alluded to by the rather lengthy title.  Despite my tendency toward wordiness, I really tried to keep this section short, but it’s tough because the reality is a little subtle, and complicated, and requires the processing of a lot of tedious information about the legislative process to fully comprehend.  This is a major problem that seems to recur quite often for Democrats: the truth is more complicated than the lie.  This little political episode that went down during the long debate over the ACA resulted in a small amendment that generated big unintended consequences.  Then the administration had to come up with a fix, and which gives the Republicans an opening to go on TV and say “Obama’s out there cutting side-deals with Congress to let them out of this train wreck.”  It’s breathtakingly disingenuous and maddeningly cynical, but they don’t give a shit—they want to win.  And as soon as they start talking about back room deals they’ve pretty much won, because most people aren’t going to take the time to read through hundreds of words of explanation required to give lie to every quip.

2 Chait runs through a couple of examples in his piece, the best being when the Bush White House managed to evade a Supreme Court order that the EPA regulate carbon emissions by refusing to open an e-mail; I was younger at the time, but I don’t recall hearing a cacophony of conservative voices screaming about “naked lawlessness” then)

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The Curious Case of the Masturbating Fetus

In an episode that Bill Maher declared to be more ridiculous than anything The Onion could make up, Congressman Michael Burgess (R-TX) made headlines a couple weeks ago as the latest in a long line of Republican politicians to make an ass out of himself while talking about pregnancy and abortion.

Republicans in the House, diligently going about the important business of drafting and passing symbolic legislation that has zero chance of becoming law (when they’re not willfully obstructing the legislative process altogether)1, have recently been earning their $174,000 annual salaries by debating the Pain-Capable Unborn Child Protection Act.

The bill, which the senate is not expected to take up, and which the Obama administration has threatened to veto, would make abortion illegal across the country once pregnancy has reached the 20th week (Roe v. Wade set the constitutional boundary at the point of fetal viability outside the womb, which occurs around 23 – 24 weeks).  Speaking at a Rules Committee hearing, Burgess (who, in case you don’t find this hilarious enough, is an OB/GYN) regaled the country with his bit of supporting evidence for why the bill doesn’t go far enough:

This is a subject I know something about … Watch a sonogram of a 15-week baby, and they have movements that are purposeful. They stroke their face. If they’re a male baby, they may have their hand between their legs. If they feel pleasure, why is it so hard to believe that they could feel pain?

Republicans want desperately to end abortion.  That is the primary concern motivating all the crazy shit we’ve heard them say over the past year or so.  It started with Todd Akin’s infamous comments about “legitimate rape.” It continued with Richard Mourdock’s insistence on the role of God’s will in rape-induced pregnancies.  And it was arguably furthered still by Representative Trent Franks (R-AZ) who, while discussing same bill as Burgess, explained that he opposes a rape exemption in because “the incidence of rape resulting in pregnancy is extremely low.”2

Thus it was in this recently established tradition that Representative Burgess came forward to present the curious case of the masturbating fetus.

Each of these incidents has precipitated a predictable onslaught of indignant pontification and derision from the left.  It’s a war on women or a war on rape victims and so on.  But look: if you’re really convinced that abortion constitutes nothing less than the wanton murder of an innocent child, then you’ll find yourself making all kinds of arguments to try to convince people that abortion is a profound, disturbing, even genocidal tragedy that must be stopped.

For Representative Burgess, that means you look at a Republican bill to outlaw abortion after 20 weeks and say, well wait a second, at 20 weeks, fuck, that little guy has already been feeling himself up for over a month!  And if he’s doing that, well then shouldn’t we expect him to feel pain too?  And why would you ever want to inflict pain on an adorable little unborn baby?

It’s really not that ridiculous if you start with the premise that a fetus—actually, even a zygote—is a full-fledged human being, a person with a soul and an identity and all the fundamental presumptive rights that such a plane of existence ought to guarantee.

The venerable Jonathan Chait characterized the abortion debate in similar terms while discussing the recent legislative battle in Texas that garnered a good deal of attention.  Texas State Senator Wendy Davis staged an epic filibuster (of the legitimate sort) to block an anti-abortion measure that would, in addition to banning abortion after the 20th week of pregnancy, have the effect of eliminating all but five facilities that provide abortion services in the entire state of Texas.

In his comments, Chait offers:

The abortion debate, at its root, pits differing ideas on the fundamental question of what is a human life. Perry’s side thinks that sperm plus egg equals human life. My side thinks the fertilized egg does not approach human status until much later in the process, which means the mother’s prerogative supercedes any rights it has.

There’s no real resolution to this dispute. Nobody even makes much of an effort to resolve it. Both sides advance arguments that only make sense if you already accept their premise about what a human life is. That’s what Perry’s doing here. He’s saying we should force women to give birth even when they don’t want to, because babies born in bad circumstances can be happy anyway. That isn’t an acceptable burden to place on women, in my opinion, but it surely is if you think abortion is murder.

On balance, I think this is an accurate characterization of the abortion debate, except for one thing: I don’t believe, if everyone can look soberly at America’s general attitude, that the dispute is completely irreconcilable.  I’m certainly sympathetic to Chait’s sentiment of resignation, but I do think that, at least in principle, there’s actually a way out of the quagmire.  So, Mr. Chait, I’d like to offer up my humble effort at resolving the abortion dispute.  And it starts with the bill Mr. Burgess was speaking about.

Burgess’s problem with the House bill—at least, the one he got up to articulate—was that it didn’t set the “no abortion” cut line early enough.  The bill has it at 20 weeks (which is probably unconstitutional as it is), but since you’ve got incubating human beings jerking off as many as five weeks before that, you’re still allowing for pain to be inflicted on babies.  Or so the thinking goes.

Nonetheless, Burgess, along with 221 out of 232 other Republicans in the house, voted to pass the bill.  Here’s the thing, though: Trent Franks’ arguments notwithstanding, the bill carved out an exception for rape, incest, and the life of the mother.  And it is precisely here, it seems to me, that the whole pro-life argument falls apart.

There is only one way I can see for us to resolve the abortion debate in America, and it requires that we all confront one particular truth: the vast majority of Americans disagree with the fundamental precept underlying the pro-life position.  That is: the vast majority of Americans do not agree that life truly begins at conception—that every fetus is every bit a human being as you or I.

To understand why, ask yourself how such an intensely partisan anti-abortion bill, with almost zero chance of becoming law, could garner the support of nearly every House Republican despite making an exception for pregnancies arising from rape or incest.  After all, if you’re passing an essentially symbolic bill along mostly partisan lines that isn’t going to become law in any case, why not go all the way and set a hard line protecting the sacred lives of all unborn human beings?

The answer is that, in general, Americans don’t like the idea of forcing women to carry the children of their rapists to term.  And they don’t like it enough that even Republicans are concerned about the electoral repercussions of insisting that we should.

I guess it just strikes people as sorta shitty?  Like, oh, sorry, I know you were forcibly violated and irreparably traumatized…and, yikes, that really sucks that you ended up pregnant with your rapist’s offspring on top of that…but, I mean, hey, look at the bright side: that must have been God’s will, right?  Now there’s this real, true, actual full-on person inside you!  The only thing is, that, you know, because it’s really an actual person, we’re gonna have to go ahead and legally require you to carry that child to term.  And if you don’t, well, sorry, but you’re on the hook for murder.3

Most Americans just turn out not to be cool with that way of thinking.  More than 70% of them, actually.  And that has led even staunchly conservative politicians to accept: you don’t fuck with rape victims.

Remember, this was something of an issue for Paul Ryan during last year’s election. Despite having insisted that he is “as pro-life as a person gets,” he ultimately had to give in to Mitt Romney’s official position:

Look…I’m proud of my record. But Mitt Romney is going to be the president; the president sets the policy. His policy is exceptions for rape, incest and the life of the mother. I’m comfortable with it because it’s a good step in the right direction. I’ll leave it at that.

Mitt Romney’s official position on this issue was born of political expediency (as with most issues), and Paul Ryan accepted that position as an imperfect but nonetheless preferable state of affairs to the status quo.  But Ryan also understands the critical reality: there is no fundamental, intrinsic, existential difference between a fetus conceived of rape and any other fetus.  Either a fetus is a person, or it’s not.  No one is arguing that an adult whose mother was raped and carried him to term has different rights than anyone else.  No one is arguing that a mother who is impregnated from rape and has the child can decide to drown the child after a few years if it’s not working out.  Nor is anyone arguing that a woman who’s been impregnated by rape ought to be allowed to murder you or me or any other person of her choosing as a means of compensation for her suffering.

The crux of the whole issue, as Chait’s analysis rightly concludes, comes down to the question: is abortion murder?

Because every human being has equal dignity, right?  So if aborting one fetus is murder, then aborting every fetus is murder.  If a zygote is a person, then allowing abortion in the case of rape is in no way different than allowing a woman who has been raped and impregnated to murder you or I or anyone else.

Pro-life politicians do get this, but they can justify voting for a bill like The Pain-Capable Unborn Child Protection Act in the same way Paul Ryan can justify his support of Mitt Romney’s position: “I’m comfortable with it because it’s a good step in the right direction.”  But when it comes to articulating the full extent of their ideological principles, these guys always seem to end up quibbling over the definition of rape (Akin), or playing down the incidence of rape-induced pregnancies (Franks), or throwing up their hands and chalking it up to God’s will (Mourdock).

Why is that?  Again, because an overwhelming majority of Americans believe that, at least in the case of rape or incest, abortion should be permitted.  So overwhelming a majority, in fact, that the Republican party’s 2012 nominee made it his official policy; and so overwhelming that the radically conservative cohort of House Republicans in 2013 agreed to make the same allowance in a bill that stands no chance of accomplishing anything other than staking out their philosophical position.

Doesn’t all this lead to the conclusion that the basic philosophical dispute is mostly settled already?  If we mostly agree that it’s wrong to refuse an abortion to a woman who’s been impregnated by her rapist, then we necessarily agree that fetus isn’t actually a person.  And if we mostly agree on that, then we’re left with a negotiation over extent, rather an emotionally charged argument over nature.

NOTES:

1 This is the governing body that has voted 37 times to repeal all or parts of Obamacare.  Here are a few other articles talking about the so-called “do-nothing” house and the contemptible “Boehner rule”.

2I’ve heard this argument a number of times and I must say I really don’t get it.  It seems to me that the infrequency of rape-induced pregnancy supports the argument in favor of writing an exception into the bill.  Franks’ point here doesn’t engage the contention of his opponents that it is morally reprehensible to force a rape victim to carry the child of her rapist to term.  It simply says, well, it doesn’t happen very often, so it’s not worthy of any consideration here.

If we’re talking about making allowances for profoundly injured women in circumstances you believe to be so rare, then why refuse them?  If the argument is, well, it pretty much never happens, so don’t worry about it, then why do you seem so worried about it?  If it almost never happens anyway (it does happen), then shouldn’t we give the benefit of the doubt to the fucking rape victim?

3 Actually that’s not quite right: the bill provides for a maximum of 5 years in prison as the criminal penalty.  So it’s not really treated like murder, even though, as Chait puts it, the motivating principle here is the belief that sperm + egg = human life.  But apparently it’s not really a human life, at least in the sense that the punishment for aborting a fetus is rather less than the punishment for murdering a human being outside the womb.

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Fox’s Angle on the Gay Marriage Decisions

In the headlines this past Wednesday was news that the cause of Marriage Equality had scored two important Supreme Court victories: Hollingsworth v. Perry and United States v. Windsor.

On the Daily Beast’s cheat sheet, the top line of the entry about Windsor was a sober “High Court Strikes Down DOMA,” followed by: “In a historic victory for gay rights, the Supreme Court struck down the Defense of Marriage Act, the 1996 law that prevented the federal government from recognizing same-sex marriage.”

CNN.com reported “BIG WINS FOR SAME SEX MARRIAGE” and the main article was headlined “Supreme Court rulings on same-sex marriage hailed as historic victory”

On MSNBC.com’s homepage there was a story headlined: “Landmark rulings in historic day for gay rights.”

Pause a moment to note what MSNBC’s headline didn’t say.  It wasn’t “High Court Strikes Down Antiquated Discriminatory Legislation” or “SCOTUS Says Feds Can’t Arbitrarily Hate on Gay People” or “Asshole Conservatives Lose Ability to Codify Homophobia in Federal Law”

Which Brings us to Fox News.  Oh, Fox News.  Here’s the section they had on their homepage:

Fox News - Friday June 28th

Fox News – Friday June 28th

Do they really just never give it a rest?

Start at the bottom.  The last two bullets read:

–       OPINIONS: What SCOTUS Decisions Say About America

–       Supreme Court Issues 2 Illegitimate Decisions

In fairness, they fixed this one the next day, but I do think it’s rather interesting that they didn’t think initially to put the all-caps “OPINION” in front of a headline declaring the decisions to be “illegitimate.”

Regardless, that’s not the main point.  The main point is the top article’s link, which, as you can see, is: “GAY MARRIAGE RULING: Supreme Court Allows Same-Sex Couple Benefits.”

What they’re saying, in other words, is that the most notable aspect of these two historic Supreme Court decisions is not the declaration that our constitution guarantees equal status under federal law to state-sanctioned same-sex marriages.  Nor are they most notable for the remarkable social progress it signals when our nation’s high court refuses to uphold an act of government aimed only at codifying the fundamentally lesser status of homosexual relationships.

No, clearly not any of that.  To the people at Fox News, the most important thing about the Windsor ruling is the fact that the GUBMINT will now be giving “benefits” to THE GAYS.

The Windsor ruling is already having a profound effect on millions of gay and lesbian people across the country (here are a few examples of the widespread, deeply felt euphoria).  And no, that euphoria is not because gays and lesbians won’t have to pay the government a cut of their spouse’s estate once he or she dies.  It is because the United States government, their government, has finally acknowledged the authenticity of their love, the legitimacy of their families, and their dignity as people.  As American people.

That isn’t just rhetorical flourish.  That’s the whole damn point, which Justice Kennedy’s opinion makes abundantly clear:

The history of DOMA’s enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, a dignity conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statue.  It was its essence. (p 21, emphasis mine)

Then:

The house concluded that DOMA expresses ‘both moral disapproval of homosexuality, and a moral conviction that heterosexuality better comports with traditional (especially Judeo-Christian) morality’… The Act’s demonstrated purpose is to ensure that if any State decides to recognize same-sex marriages, those unions will be treated as second-class marriages for the purpose of federal law. (p 21, emphasis mine)

Just one more:

DOMA writes inequality into the entire United States code… DOMA’s principle effect is to identify a subset of state-sanctioned marriages and make them unequal.  The principle purpose is to impose inequality (p 22)

But Fox News obviously doesn’t give a shit about all that.

To them, the headline is that before this ruling, the federal government’s estate tax exemption for spouses didn’t apply to same-sex married couples.  So, if you’re a guy who’s legally married to another guy, and that guy dies, leaving everything to you, well, you owe the federal government a cut.  If you were legally married to a woman, however, you wouldn’t.

Or, let’s say you’re a human being with a vagina and you are legally married to an American citizen who serves in the military.  Well, if your military spouse has a penis, then under federal law, you’re entitled to health & dental benefits; you may be designated your spouse’s next of kin; you can receive your spouse’s unused education benefits; and your spouse can take 10 days off in the event you give birth to a child (among other things).

Oh, wait, what was that?  The American citizen you are legally married to has a vagina instead of a penis?  Oh, ok, lemme see here… alright… spouse has a vagina… ah here it is!  You get, oh, er… well, you get nothing.  Sorry.

But not anymore!  The highest court in the Land just declared that state of affairs unconstitutional!  And Fox News would like to help you appreciate just how horrible that is!  Because, now, the government is going to have to extend all these benefits to the gays!  And, of course, as we’re all well aware, benefits constitute wasteful government largesse, which is lavished upon the takers in our society in order to create a culture of dependency that inevitably brings about Obama’s ultimate goal of a tyrannical communist state.

Ugh.

If you’ll indulge me just a bit longer, let me quickly take on the other side of this:

All I’ve done here is cite one of countless examples of this sort of behavior from Fox News.  Jon Stewart and Stephen Colbert, with their talented research teams, have made a living in large part out of compiling instances of this shit into hilarious montages.

But if we’re going to be fair, we should consider what Fox News defenders might offer in the way of rejoinder to all this ridicule.

As to this particular article I’ve been carrying on about, I expect one thing you’d hear would be that the actual dispute at issue in Windsor did, in fact, concern the allocation of federal benefits.  The specifics of the case involved whether an individual, Edith Windsor, suffered an unconstitutional injury when she was required under DOMA to pay federal estate taxes on the inheritance of her lawful wife’s estate.

I want to look at this more in another post, but basically this has to do with the way we determine who gets to sue in federal court and who doesn’t—who has “standing” to bring suit.  The main thing is that we don’t allow anyone to just bring abstract questions before the court because we’d like to get an authoritative decision on them.  You can’t just ask the court to hear arguments and evaluate whether a law is constitutional because your gut feeling is that it’s not, or because you’re curious about what they’ll say.  Standing to bring suit requires that “First, the plaintiff must have suffered an ‘injury in fact’…which is (a) concrete and particularized, and (b) ‘actual or imminent’… [and] Second, there must be a causal connection between the injury and the conduct complained of” (Decision in Windsor, p 7, quoting Lujan, supra, at 560-561, omitting footnote and citations)

In other words, anyone can’t just go to the courts and say “hey guys, look, this whole Defense of Marriage Act thing is BULLSHIT, AMIRITE?  So let’s please get you all to declare it unconstitutional, mmmk?” 

Instead, you have to have an individual demonstrate that he or she has been injured, and that individual must come before the court with a concrete, particularized, and redressable grievance.  So while the effect of the Windsor decision is, ultimately, to strike down DOMA, that macro result arises only because it is the court’s only means of redressing the legitimate constitutional injury in this micro circumstance.

All of which is just to say that, very strictly speaking, the Fox News headline is accurate.  This was a case about the application of a particular “benefit” of federally-recognized marriage—namely, spousal exemption from the federal estate tax.  And the Supreme Court did indeed “allow” same-sex married couples to receive those “benefits.”  But given the language in Kennedy’s opinion, the reaction of people—both supporters and opponents—to the decision, and, well, common sense, this is a great example of how Fox News distorts reality in the interest of advancing an agenda.

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Questions for Gun Advocates

Most of you who know me—and, this being my first foray into the enterprise of blogging, that’s pretty much everyone reading this—will know that I’ve been talking about doing this for some time now.  It turns out it’s pretty fucking hard to put together stuff you’re comfortable submitting for the approval of The Midnight Society—er, the world—er, a dozen or so people… anyway, I’m getting on with it, so here we go:

I’m going to start with the first of a few questions I’d like to ask all the gun rights advocates, and Second Amendment enthusiasts, and especially the batshit gun fanatics out there who have managed to stake such a powerful position in America’s debate over what to do about firearm-related violence:

QUESTION ONE: You do realize the U.S. Military has more than just rifles, right?

This is something I’ve always had a problem with.  There’s this popular notion amongst gun rights advocates that an important part of the motivation behind the 2nd amendment is to ensure that the people have at their disposal the means to overthrow a government that has run afoul of its authority and become tyrannically oppressive.  And so there is this base suspicion that any effort to reduce the access of people to firearms must surely be an effort on the part of the government to suppress the ability of the governed to resist a forthcoming imposition of tyrannical rule.

Now, I think this notion is paranoid, if not completely absurd (I’ll go into that in another post).  But even if I accept it, how exactly does having semiautomatic assault rifles with large magazines give you any credible recourse against a government that has all manner of highly sophisticated, far more powerful military implements at its disposal?  I really just don’t get this part.  How exactly is it that you’re going to overthrow a government that has fighter jets, tanks, fully automatic chain-fed machine guns, mortars, grenades, grenade launchers, fully automatic grenade launchers, nukes, submarines, aircraft carriers, you name it… using rifles?

(NOTE: Fully automatic grenade launchers are awesome)

If the argument is that the people need to have the ability to fight back against their government in the face of tyranny, is it also the argument that we need to make all those other things legal for everyone?  I mean, should, say, George Soros (you know, the evil left-wing billionaire), have the ability to buy himself a squadron of F-16s with a full complement of munitions, a fully stocked artillery battalion, and a fully equipped infantry battalion carrying state-of-the-art automatic weapons (all of which would be within his means1)?

What about nukes?  Should he be able to buy a nuke on the free market?

Because if not, if really this is just about being able to do SOMETHING, to be able to fight back in SOME way, then don’t we need to acknowledge that we’re arguing over degree and not nature, here?  And a tiny tiny degree, at that?  We’re already WAY past the point at which the government is better armed than ordinary citizens by orders of magnitude, so how does restricting the magazine on a semi-automatic assault rifle to 15 rounds suddenly render us hopelessly susceptible to government tyranny?

And if you’re just going to give me the standard crap about a slippery slope, then I’d like to know whether, if we were further up the slope, you’d make the same case.  If the fully automatic M249, which can fire hundreds of rounds per minute and hold 1000 rounds in a canister, were legal, and Adam Lanza used that instead of the AR-15 to murder, say, 60 instead of 12 people in Aurora, Colorado, would you be arguing that it needs to stay legal?

And if you would be arguing that, and so believe that our existing gun regulations are too strict, then let me make one more observation: even the M249 is still very near the bottom of your “slippery slope.”  The slope you’re worried about starts with “ordinary citizens shouldn’t be able to have nukes,” and continues past “they shouldn’t be able to have cluster bombs or the F-16s to drop them,” and then on past “yeah and they probably shouldn’t be able to have tanks with high range explosive ordinance” and then goes on and on until you get to the M249, and then, finally, to 30 rounds vs. 15 rounds in a goddamn rifle clip.

In case I haven’t made my point, I’ve drawn a picture a picture of the slippery slope as I understand it:

Slippery Slope

(Click image to enlarge)

1 In case you don’t believe me:

F-16 unit price: ~$47 million

Howitzer unit price: ~$3.68 million

F-16s in a squadron: 12 or more, so let’s just say 12—that should be enough to level the Fox News building.  So the jets cost $47 million x 12 = $564 million.

Howitzers in a battalion: 12.  So those would cost 12 x $3.68 million = $46.32 million (assuming he gets the same deal Australia did, and I mean come on, Obama’s a ruthless socialist tyrant, you know he’s gonna give his boy Soros a break.)

That brings the total tab to a little over $1 billion.  George Soros is estimated to be worth more than $19 billion.  So he’s still got more than 90% of his money left over for personnel, ammunition, small arms, provisions, and so forth.

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