On this landmark day, no matter how the Supreme Court rules, the fact remains that ObamaCare fails to fulfill its basic goals: allowing people to keep the health care they like and reducing costs. As Daniel Henninger writes this morning, “Whether ObamaCare was affirmed or overturned by the ladies and men in robes, nothing was going to change one unimpeachable fact: From day one, the Obama health-care legislation was swimming against the tides of history. It was a legislative monolith out of sync with an iPad world. In the era of the smartphone, ObamaCare was rotary-dial health reform... Starting with the insurance mandate. Of course most people hated it. They're living in a world turning more anti-mandate by the minute, and the Democrats are ordering them all into a national health-insurance pool.” That is why House Republicans are committed to repealing this flawed law to make way for patient-centered health care reforms that lower costs and increase choice.
This Day In History: In 1836, James Madison, drafter of the Constitution, recorder of the Constitutional Convention, author of the "Federalist Papers" and fourth president of the United States, passed away on his tobacco plantation in Virginia.
Birthdays: Rep. Michael Fitzpatrick, Erin McPike, Mike Lurie, Elon Musk, Mel Brooks, John Cusack, King Henry VIII, John Elway, Rob Dyrdeck, Jean-Jacques Rousseau, Leon Panetta, Peter Paul Rubens, Étienne François de Choiseul, Duke of Choiseul
Here Are The Top Stories We're Watching:
1. State Of Play: Speaker Boehner & Leader Cantor: If Supreme Court Doesn’t Strike Down ObamaCare, House Will Move To Repeal What’s Left Of It. House Republican leaders reiterated Wednesday that they will move to repeal the entire 2010 health-care reform law if the U.S. Supreme Court fails to strike it down. “We’ve made it pretty clear and I’ll make it clear one more time: If the court does not strike down the entire law, the House will move to repeal what’s left of it,” House Speaker John A. Boehner (R-Ohio) told reporters Wednesday morning. “‘ObamaCare’ is driving up the cost of health care and making it harder for small businesses to hire new workers.” House Majority Leader Eric Cantor (R-Va.) added that the health law “was a mistake. We would like to see the kind of health care that will allow patients to make decisions, not bureaucrats here in Washington.” “As we know, this bill has also presented big problems for our employers,” Cantor added. “Small businessmen and women are having a difficult time keeping the lights on, much less hiring new people. ‘ObamaCare’ just makes it more difficult because it makes it more expensive for these business people to create jobs.” Washington Post
2. ObamaCare: Chairman Hensarling: The Affordable Care Act Is Not Affordable. House Republican Conference Chairman Jeb Hensarling (R-TX) appeared on Fox Business’ Willis Report to discuss the upcoming Supreme Court ruling on the president’s health care law and the problems with the president’s health care law: “The truth of the matter is- it remains a bill that is impeding our economy. When you talk to any business in America, the recent Chamber of Commerce poll of small businesspeople, three quarters of them tell you it’s inhibiting job growth. The Congressional Budget Office – which, by the way, is run by a democrat – says it could cost us almost us almost a million jobs. You talk to any employer, those in medical devices, small businesses who don’t want to go over 50, it’s a nightmare, number one. And then second of all, it weighs in at almost $2 trillion. $800 billion of new taxes. You can't afford it … the Affordable Care Act is not affordable.” FOX Business
3. Dem Divide: Democrats Already Start Distancing Themselves From President Obama On Health Care And Other Issues. On issues ranging from health care to the environment, Democrats in tough races are jumping ship to create distance from Obama. Taken together, the rebukes from members of the president’s own party show just how perilous it can be for Democrats in conservative states and districts to be associated with Obama. On Thursday, Democratic reaction on the Supreme Court ruling on Obama’s signature health care law is bound to be mixed at best, as many Democrats would rather not relive the tumultuous health care debate of two years ago, regardless of what the high court decides…The disaffection with Obama is especially strong in the House, where members feel ignored or snubbed by the president and they have no personal ties to Obama to fall back on. One top aide said House Democrats enjoy “freedom of action” from Obama — “He’s done nothing for us so we don’t have to do anything for him.” No senior House Democrat offered a full-throated defense of Obama, saying instead that lawmakers need to watch out for their own reelections and not worry too much about the presidential dynamics. Politico
4. High Price: President Obama’s Legacy At Risk In Health Care Fight. Just four months before the presidential election, the Supreme Court is poised to rule on the constitutionality of President Barack Obama’s biggest legislative achievement, which would extend coverage to at least 30 million uninsured Americans in the biggest overhaul of the nation’s health-care system since Medicare and Medicaid were enacted in 1965. “When we talk about Obama 20 or 30 years from now, this is likely to be the bill we talk about,” said Julian Zelizer, a presidential historian at Princeton University. “If the Supreme Court takes away from Obama his biggest accomplishment, this is exactly what a president really fears. In some ways, it’s worse than not getting re-elected.” The last time the court invalidated legislation so central to the presidency was when it struck down parts of Franklin Roosevelt’s New Deal program in 1935 and 1936, said Zelizer. Even those decisions only addressed pieces of a larger package of economic and social initiatives that Roosevelt adopted in response to the Great Depression, he said. The political stakes for Obama are high: The presumptive Republican presidential challenger, Mitt Romney, moved yesterday to frame a loss in the Supreme Court as a blow to his presidency. A ruling that invalidates the statute would make Obama’s term in office “a waste,” he said. Bloomberg
5. On The Trail: Romney Calls Health Care Law ‘A Moral Failure’. In advance of the Supreme Court's ruling on the Affordable Care Act due out Thursday, Mitt Romney said Wednesday it was a "moral failure" for President Obama to focus on health care legislation during a time of economic crisis. "His policies were not focused on creating jobs. They were focused on implementing his liberal agenda. There's nothing wrong with people having an agenda, but when the country's in crisis, you have a moral responsibility to focus on helping people come out of that crisis," Romney told a crowd of hundreds of supporters in Virginia, that proved to be one of the most energetic and excited crowds he has faced recently. "It was not just bad policy; it was a moral failure to put forward a piece of legislation that wouldn't help Americans get back to work."..."I don't like the idea of government bureaucrats getting between us and our doctors, that's number one. And by the way, for our senior citizen friends who are concerned about Medicare, let's remind them about one other thing we don't like about ObamaCare. The president cut $500 billion out of Medicare to pay for ObamaCare, another good reason to get rid of it," Romney said. "And then for those that are a little younger, he's adding trillions of dollars to federal spending - we don't need more debt, we do not need more deficits, we cannot pass on these burdens to the next generation." CBS News
6. Pro-Growth: Governor McDonnell Urges Tax And Regulatory Certainty. Fresh off the campaign trail with Mitt Romney, Virginia Gov. Bob McDonnell laid out his case for why the Republican should occupy the White House next year. “This is a candidate, Mitt Romney, that’s created 100,000 jobs, went from 50th to 30th as governor of Massachusetts,” he said on CNBC’s “The Kudlow Report.” “He is the American dream. He can talk about it, and he’ll inspire people to grow.” McDonnell, who has been mentioned as a potential running mate for the presumptive Republican presidential nominee, criticized President Obama over jobs. He did not address the topic. “If I had an abysmal record like Barack Obama when it came to job creation, I certainly wouldn’t be criticizing anybody else about their jobs record,” he said. “We have lost certainty and predictability in the regulatory and tax climate in America, and this is why we’re recovering so slowly.”…McDonnell struck back regarding the Obama campaign’s label for Romney. “He’s talking about his positive vision, and he’s not going to respond to every little attack that the Obama people come up with because they can’t run on their failed record of leadership,” he said. McDonnell also took a shot at the Environmental Protection Agency. “You’ve got to get rid of all this unbelievable bureaucratic mandate from the EPA,” he said. “You’ve got to be positive and confident about having the attitude for business development. You’ve got to have the right tax and regulatory policy.” McDonnell said that the Romney campaign had a clear message. “It's focusing on jobs and economic recovery and developing of our energy resources, getting us out of debt,” he said. CNBC
7. Keeping Tabs: The Court’s Business Ledger, Most Cases Decided By Lopsided Majorities. If the Supreme Court overturns part or all of ObamaCare this week, you can bet a top liberal complaint will be that the "conservative majority" was once again in the pocket of "business interests." The only thing missing from this critique will be evidence, especially after this year's term. The U.S. Chamber of Commerce's National Chamber Litigation Center recently compiled on its Web site a list of all the cases in the 2011 Supreme Court term that involved or affected the business community. The data refute any claim that the Court is narrowly partisan on business issues. While the High Court generally decided this term's cases in favor of the business community, the majorities that signed those opinions were often broad, or cut across the Court's ideological spectrum. Of the 28 cases decided so far that are of interest to business (ObamaCare and a real-estate case are still outstanding), only six have been decided 5-4. In two of these, a liberal Justice joined the Court's four conservative members; in another, Justice Anthony Kennedy joined the Court's liberal bloc. Of these six cases, only two (or 7%) were decided 5-4 by the conservative bloc that sometimes includes Justice Kennedy. Wall Street Journal
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