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Radical Rep. Steve King Reveals He Attended Health Care Arguments As A Personal Guest Of Chief Justice Roberts

FORT DODGE, IOWA — At a town hall meeting yesterday with his constituents, Rep. Steve King (R-IA) made an unexpected revelation — he attended the Affordable Care Act oral arguments in the Supreme Court as the personal guest of Chief Justice Roberts. In King’s words, his seat was “not the cheap seats, but the chief’s seat.” Watch it:

Although there are a limited number of seats reserved for personal guests of the justices in the Supreme Courtroom, there are fewer total seats in the room than there are members of Congress, and the reserved seats were difficult even for Members of Congress to come by. So it is a bit curious that Roberts would give one of his seats to King of all people.

Even in an era of conservative radicalism, King is an unusually radical conservative. He does not simply believe that that the Affordable Care Act is unconstitutional, and he has not simply led a single-minded crusade to repeal or defund it, he’s suggested that any national effort to regulate the insurance industry would violate our Constitution. He also denies that the Constitution protects access to contraception, and has expressed strange views on contraception generally — at one point suggesting that President Obama’s plan to ensure all women have access to birth control will make America a “dying civilization.” He’s claimed that unemployment benefits will transform America into a “nation of slackers,” he called for congressional hearings after President Obama’s estranged uncle was arrested for a DUI, and he’s openly admitted that he believes congressional hearings should be used to “publicly humiliate” President Obama.

Then again, after last week’s Affordable Care Act hearing, it wasn’t entirely clear that the five conservative justices understand that the purpose of a Supreme Court hearing isn’t simply to “publicly humiliate” Obama — so King and Roberts might actually have more in common than it seems.

Rep. Steve King Claims Some Americans Don’t Use ‘A Dollar Worth Of Health Care’

Republicans have a lot of reasons why the Affordable Care Act is unconstitutional, even if most of them don’t hold water. That means, every now and then, opponents of the law have to trot out theories that have already been ruled meritless.

Rep. Steve King did just that in a town hall meeting in Le Mars, Iowa on Monday. King, who opposes even some of the most popular provisions of the law, claimed that its requirement for all Americans to obtain insurance is unconstitutional because some Americans never, ever pay for health care:

Most advocates for Obamacare are arguing that, whether or not you have health insurance, you’re engaging in interstate commerce, because sooner or later, whether you actually go to the doctor or not, somebody’s gonna haul you to the emergency room and then somebody else is going to have to pay for it. So that’s the argument that compels you to buy insurance? I’d say that doesn’t fit the interstate commerce definition that I know. And that argument came before the Supreme Court.

What i’ve said is that, in every decade, in every state, there have always been babies that were born, lived, and died, and some of them a long and healthy life, without ever using a dollar worth [sic] of health care expenditures. That would mean that they didn’t engage in interstate commerce with regard to health care.

Watch:

King has made this argument before to attack the health care law, and it has been rejected. In an opinion upholding the law, conservative Sixth Circuit Judge Jeffrey Sutton wrote, “Even dramatic attempts to protect one’s health and minimize the need for health care will not always be successful, and the health care market is characterized by unpredictable and unavoidable needs for care. The ubiquity and unpredictability of the need for medical care is born out by the statistics. More than eighty percent of adults nationwide visited a doctor or other health care professional one or more times in 2009.”

-Zachary Bernstein

NEWS FLASH

Nancy Pelosi Predicts Obamacare Will Be Upheld 6-3 | Speaking to the Paley Center for Media, House Minority Leader Nancy Pelosi predicted that the health care law would be upheld by the Supreme Court. After claiming that over 80 million people have benefitted from the law, including younger Americans staying on their parents’ insurance until age 26 and people who can no longer be denied coverage due to pre-existing conditions, Pelosi said of the impending court decision, “Me, I’m predicting 6-3 in favor.” While criticizing Republicans for shifting their position on the idea of judicial review, Pelosi said that Democrats have “always respected judicial review and the Constitution, and we wrote the bill in an ironclad way in terms of its constitutionality.” Watch:

-Zachary Bernstein

Romney Accuses Obama Of Taking ‘A Series Of Steps That End Medicare As We Know It’

Just one day after President Obama declared that the Republican budget proposed by Rep. Paul Ryan (R-WI) would “ultimately end Medicare as we know it,” his likely Republican opponent appeared at the Newspaper Association of America and threw the accusation right back at him. Obama, former Massachusetts Gov. Mitt Romney said, “has taken a series of steps that end Medicare as we know it” and “is the only President to ever cut $500 billion from Medicare”:

ROMNEY: I’d be willing to consider the President’s plan, but he doesn’t have one. That’s right: In over three years, he has failed to enact or even propose a serious plan to solve our entitlement crisis.

Instead, he has taken a series of steps that end Medicare as we know it. He is the only President to ever cut $500 billion from Medicare. And, as a result, more than half of doctors say they will cut back on treating seniors. He is destroying the Medicare Advantage program, eliminating the coverage that millions of seniors depend on and reducing choice by two-thirds.

To control Medicare cost, he has created an unelected, unaccountable panel with the power to prevent Medicare from providing certain treatments. The result will be fewer treatments and services available to patients in need, and nowhere else to turn.

Watch it:

Romney rarely lets the facts get in the way of his rhetoric, but these oft-repeated accusations ring particularly hallow — and are hardly rare. The savings achieved in Medicare through the Affordable Care Act will help stabilize Medicare by eliminating overpayments to private insurers and slowly phasing in payment adjustments that encourage greater efficiency. As a result, the law extends the life of the Medicare trust fund by eight years and allows seniors to retain all of their guaranteed Medicare benefits. Medicare beneficiaries are already paying less for prescription drug coverage and receiving preventive care as a result of the law, while enrollment in Medicare Advantage has increased and premiums have fallen. The law, in other words, does exactly the opposite of Romney’s claim: it expands Medicare “as we know it.”

That doesn’t mean that it solves all of our health care cost problems. It doesn’t and Obama has proposed accelerating some of the law’s cost-control mechanisms to further lower the growth of spending. But Romney has labeled such efforts “rationing” and is offering an alternative “premium support” scheme that transforms senior’s guaranteed Medicare benefit into a voucher and significantly reduces the government’s contribution to the program. As a result, seniors will likely pay more for their health care, while the market clout and purchasing power of traditional Medicare — which has led on delivery reform and efficiencies — will shrink. So if the question is, which candidate ends Medicare for seniors, it’s hard to see how Romney’s plan to push future retirees into private insurance doesn’t fit the bill.

Justice

Fox News’ Legal Analyst Disagrees With 5th Circuit’s Attack On Obama: ‘I’m Not So Sure The DoJ Has To Comply With This’

Last night, Fox News host Greta Van Susteren – an accomplished former trial attorney and legal analyst – criticized the 5th Circuit panel for making an illogical demand of the Department of Justice.

Yesterday, Republican Judge Jerry Smith, speaking presumably for the entire panel, demanded a 3-page, single-spaced letter from the Department of Justice on whether it agrees with President Obama that it would be inappropriate for “unelected judges” to strike down Obamacare. Obama himself clarified yesterday that, “[w]e have not seen a court overturn a law that was passed by Congress on an economic issue like health care,” which is correct.

Judge Smith asked the DoJ attorney whether courts have the power to overturn an act passed by Congress and signed by the President. The lawyer, Dana Lydia Kaersvang, straightforwardly answered yes and referenced the landmark case affirming such power of judicial reviewMarbury v. Madison. Van Susteren said last night, “What I see, first of all, the judge doesn’t need this information, and she [DoJ attorney] answered the question. It really should be over at that point.” Explaining “I’ve never seen anything like this,” she urged the DoJ to refuse to comply with the Judge’s request:

VAN SUSTEREN: I imagine the discussion tonight at the Justice Department – I would certainly be having this discussion – is to refuse to do it. Because it really is beyond what is necessary in the case. It has nothing to do with the case. And the lawyer answered the question in court. And it’s clearly just, you know, the judge is mad. And to refuse to do it, maybe you draw a contempt charge but then I would then take it up with the full court. I’m not so sure the Department of Justice has to comply with this.

Watch it:

As Ian Millhiser observed, the 5th Circuit is mostly interested in trying to “embarrass the president.” He writes, “This is not how judges behave. This is how politicians behave. If Judge Smith and his co-ideologues cannot refrain from such purely political tantrums, they should resign their seats and run for office as Republicans.”

The Health Care Industry Is Implementing Reform, Regardless Of The Supreme Court’s Decision

The fate of the Affordable Care Act now rests with the nine justices on the Supreme Court, but win or lose, the health care law has already changed the health care market and set the industry on a path of delivering and paying for health care more efficiently. Just as “49 states and the District of Columbia have already taken action supporting the law’s implementation” and are unlikely to backtrack on those efforts, health care payers and providers are moving forward with reforms that suggest that the law is definitely here to stay:

PHYSICIANS REDUCING WASTEFUL CARE: “Nine medical societies representing nearly 375,000 physicians are challenging the widely held perception that more health care is better, releasing lists Wednesday of tests and treatments their members should no longer automatically order. The 45 items listed include most repeat colonoscopies within 10 years of a first such test, early imaging for most back pain, brain scans for patients who fainted but didn’t have seizures, and antibiotics for mild- to-moderate sinus distress.”

PROVIDERS ADOPTING DELIVERY MODELS: As Sarah Kliff has reported, the Affordable Care Act has “already significantly catalyzed the health-care system.” With the law’s changes in how Medicare reimburses for care, providers now “have a sense of direction of where the country’s biggest payer is headed” and are now moving in that direction. Chas Roades, chief research officer at consulting firm the Advisory Board Co, recalls that when the Board “surveyed 69 hospital executives in November, just 16 percent said they had bundled payments in place. But of those who didn’t, 75 percent expected to within two years. Two-thirds expected they would have such payment arrangements with Medicare.” Similarly, “the health-care system has become increasingly integrated, with hospitals and insurance plans buying up doctors’ offices.” Consulting firm Irving Levin Associates saw health-care “merger activity shoot up 11 percent, from $205 billion in 2010 to $227 billion. Their analyst, Stanford Steever, attributed that largely to the Affordable Care Act.”

INSURERS WORKING WITH PROVIDERS ON DELIVER REFORM: Karen Ignagni, CEO of America’s Health Insurance Plans, the industry lobby, says insurers are “working with hospitals and doctors to change the way care is paid for and to keep costs down, just as Cigna’s [CEO David] Cordani wants.” She cites two studies that say Medicare plans run by private insurers are succeeding at keeping seniors from being readmitted to the hospital after procedures. “We’re leading the way, according to government data on readmissions,” she says. “That’s a win-win on both sides. There’s real data now to support the contention that these strategies and these tools work very, very effectively.”

In other words, the the law has already created an unstoppable momentum towards change. As the Huffington Post’s Jeffrey Young has pointed out, “health insurance companies, hospitals and the rest of the health care system already have made deep changes to the way they operate: adding new consumer protections to health plans, altering the way medical providers get paid and beginning to work closer together to improve health and save money” — and it’s very unlikely that they will take away these new benefits or obtain efforts to modernize their operations (in an effort to reduce spending). Regardless of the Supreme Court’s anticipated ruling on the law in late June, the changes the ACA inspired are here to stay — in one form or another.

How Republicans Attack Women’s Economic Security With Ryan Budget In One Chart

Attacks on women’s reproductive rights were only the beginning in House Republicans’ war on women. Now they are attacking women’s economic security. The House-passed GOP budget targets poor women and their families, from gutting programs that help low-income children receive nutrition and educational opportunities to cutting the Supplemental Nutrition Assistance Program (SNAP), which primarily helps women, children, the disabled, and the elderly. And proposed Medicaid cuts would hurt women and families supporting elderly loved ones in nursing homes and people who rely on Medicaid for preventive health services.

Despite claims that the budget “empower[s] individuals with greater control over their futures,” the Republican budget written by Rep. Paul Ryan (R-WI) does the opposite. As CAP’s Katie Wright explains, “By choking off opportunity for women and children of all ages, the budget leaves poor women to fend for themselves and puts the American Dream further out of reach.”

Here’s a chart that outlines how the GOP’s war on women’s economic security hits women at every stage of life:

Morning CheckUp: April 4, 2012

Federal judge confronts Obama: “A federal judge in Texas is demanding that the Department of Justice clarify whether President Obama’s dig about “judicial restraint” means the administration thinks the Judicial Branch has no right to overturn unconstitutional laws.” [The Hill]

Romney still having trouble with conservative voters: Romney won primary contests in Maryland, DC, and Wisconsin on Tuesday and exit polls from Maryland “show Romney dominated nearly all subgroups, except for some of the most rightward voting blocs. The only demographics Romney lost to former Pennsylvania Senator Rick Santorum were those who named abortion as their most important concern, and those Republican groups who said the most important candidate quality was to be a “true conservative” and to posess “strong moral character.” [TPM]

Medicare counselors receive grants: “The federal Medicare agency awarded nearly $50 million in grants Monday to state offices that help seniors understand Medicare. The agency will award $46.5 million over the next year to State Health Insurance Assistance Programs (SHIPs).” [The Hill]

Insurers remain silent about Ryan plan: “The Paul Ryan budget would greatly expand the market for private insurers, offering them the chance to enroll millions of new Medicare customers under a premium support model. So you would think insurers would be overjoyed. Guess again. What at first blush looks like a boon for insurance companies instead appears to be more of a bane — or at least a big question mark.” [Politico]

Mammograms may lead to over diagnosis of breast cancer: “Norwegian scientists say as many as 1 in every 4 cases of breast cancer doesn’t need to be found because it would never have caused the woman any problem. It’s a startling idea for laypeople (and many doctors) thoroughly indoctrinated with the notion that any breast cancer is medically urgent — and should be found at the earliest possible moment.” [NPR]

One abortion bill left sanding in Mississippi: “One abortion-regulation bill survived and two died at Tuesday’s deadline in the Mississippi Legislature. Supporters of the surviving measure say it could slow down or even shut Mississippi’s only remaining abortion clinic, which is in Jackson.” [Sun Herald]

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