Why the Right Lost at the Supreme Court Yesterday

How many of you were actually surprised by yesterday's Supreme Court decision upholding the Obama administration's interpretation of who is eligbible for subsidies under Obamacare, as opposed to merely disappointed?
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June 26, 2015
 
 
Morning Jolt
... with Jim Geraghty
 
 
 
Why the Right Lost at the Supreme Court Yesterday

How many of you were actually surprised by yesterday's Supreme Court decision upholding the Obama administration's interpretation of who is eligible for subsidies under Obamacare, as opposed to merely disappointed

Here is the issue in a nutshell: How many Republicans were and are really willing to take away people's federal subsidies to help them purchase health insurance? In yesterday's decision, about 6.4 million Americans' subsidies were at stake.

If, as Ramesh calculates, quite a few Congressional Republicans simply weren't willing to yank away a subsidy created by Obamacare, then we do have a political consensus. Obamacare's subsidies – arguably the second most-consequential part (after the mandate) and one of the most expensive components – are here to stay.

The conservative argument in King vs. Burwell was this: "Because of the way the law is written, the federal government can only extend the subsidies to those who bought through a state exchange." This has the advantage of being true. But the consequence of a Supreme Court ruling that the government doesn't have the authority to change the rules for eligibility, in opposition to the written text, would mean that those 6.4 million who bought their insurance through the federal exchange can't get any more subsidies. If the Court did that, that yanks away about $272 per month, or $3200 per year, from those millions of people.

If Congressional Republicans fear the consequences of yanking away an entitlement, why should we be surprised that Justices John Roberts and Anthony Kennedy feel the same way? The core issue of Obamacare is the same one at the heart of all fights over entitlements; once people start receiving a benefit from the government, they never want it to stop.

It's easy to say, "Republicans should be brave enough and principled enough to say that federal subsidies to purchase health insurance is a colossal, expensive mistake, and we're taking them away." But even if enough of them had the guts to do so, Republicans also need a way to take that step and get reelected; otherwise, they will just lose their subsequent elections and be replaced by Democrats who will restore the subsidies.

We foes of Obamacare like to point to the consistently negative poll numbers against Obamacare. Right now, in the RealClearPolitics average, about 51 percent of respondents disapprove of the law, and 43 percent approve (which is actually an improvement in the numbers from the historical average).

But back on November 4, 2012, the numbers were 48.6 disapprove, 41.4 percent approve. Until people are willing to vote on that basis in the presidential race, what does it matter? There's an excellent chance that a few people who told pollsters they disapprove of Obamacare voted for Obama in 2012. There is an excellent chance that some people who say they oppose Obamacare will vote for Hillary in 2016.


The War on Terror Has Not Ended.

Meanwhile, over in France:

France's president says a suspect in what he called a "terrorist" attack at a gas factory in southeastern France has been arrested and identified.

Francois Hollande, speaking in Brussels, said one person was killed and two wounded in the attack, which began shortly before 10 a.m. Friday when a car crashed the gate and plowed into gas canisters, touching off an explosion.

Hollande said one suspect has been arrested and indicated that a second attacker might have been involved.

It gets worse:

A security official says a decapitated head was found posted on the gate at the entry to the gas factory that came under attack Friday in southeastern France.

The official, who spoke on condition of anonymity because he was not authorized to release details to the media, said the torso was found near the site of the explosion but that the victim was not decapitated by the blast.

Two flags, one white and one black and both with Arabic inscriptions, were found at the scene.
 

Our $335 Million Power Plant Outside Kabul Is Operating at 2 Percent Capacity

You may remember my intermittent interest in the work of John F. Sopko, the Special Inspector General for Afghan Reconstruction and his office's frequently depressing reports on how little our money has changed Afghanistan.

The SIGAR just published an inquiry into the Tarakhil Power Plant outside of Kabul.

The U.S. Agency for International Development invested $335 million in the plant, and yet there are reports of electrical shortages in Kabul following avalanches in northern Afghanistan in February 2015. Despite the usual cost overruns and problems during construction, the power plant was ultimately handed over to the Afghan government in June 2010.

Last year, the USAID Office of Inspector General completed a review assessing the power plant, concluding that the power plant is severely underused, operating at just 2.2 percent of power production capacity, and that the Afghan national power utility could not afford to operate the power plant, with an estimated $245 million per year needed for the fuel alone.

After that embarrassing review, USAID stated that corrective measures to assist the Afghan government and national power utility in operating the power plant would be implemented no later than December 31, 2014. But two months later, Afghanistan suffered a series of avalanches, triggering blackouts and sapping power throughout Kabul.

John F. Sopko wrote to USAID, "While I commend USAID on its commitment to take corrective action to address the OIG findings, the blackouts and lack of power throughout Kabul resulting from the avalanches raises questions regarding the efficacy of those actions and the commitment and ability of the Afghan government to operate the Tarakhil Power Plant as needed or when absolutely necessary." 

"Hard at work?" "Nah, hardly working!"

ADDENDA: National Review, Google, and Empowered Women are hosting a "Power Brunch" featuring a slew of wise women, including six GOP women members of Congress, our Eliana Johnson, Marji Ross of Regnery Publishing, and other accomplished voices worth hearing.

The event is Tuesday, July 14, starting at 9 a.m. at the Google Auditorium in Washington, D.C.. RSVP at: nro@nationalreview.com

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