There’s an old story about an Arab camped in the desert on a
cold night. Readying for sleep he sees
his camel’s nose under the tent flap. The camel says: “Master, it is so cold out. Might I just put my nose into the warmth of
your tent?” The Arab agrees. A little
later the camel says: “Might I just also warm my forelegs in your tent?” Again,
the Arab agrees. Finally, incremental step by step, the camel has inched his
whole body into the tent, stands up, refuses to budge, and displaces the Arab
entirely who is now forced to sleep outside in the cold.
Why do I tell you this story? Because it’s the playbook of today’s
progressives.
They establish a beachhead by whatever means necessary –
including lies and deception if required.
Once established they keep expanding that beachhead until
challenged. If that happens, their
defense is what they’re doing now is just logically fulfilling the original “intent,”
if not the actual wording, of what everyone once agreed to.
Nothing to see here.
Just move along.
That strategy has been playing out, successfully, for years.
The soft and fuzzy “intent” provides a lot of wiggle room for all kinds of
legislative and regulatory sleight of hand.
It's how assistance to help poor families feed
their children expanded exponentially into bloated programs that now provide
payments to as many as 47 million people – few of them actually “poor” –
today. And it’s how that same idea
spawned school lunch programs, that grew into school breakfast and lunch
programs, school breakfast, lunch and dinner programs, and now also school meal
programs for kids when school is closed for weekends, holidays and summer
vacation.
Now many of those programs serve as gateways to a wide range
of other seemingly unrelated giveaways – like free phones and phone service; if
you qualify for one, you automatically qualify for them all.
The argument is, well, you intended to help poor people,
right? This is just another way of
fulfilling your intentions. And it just
keeps going and going.
Now, unfortunately, it’s also permeated the Supreme Court –
the one branch of government citizens once could rely on to be impartial and by
the book. After all, the Supreme Court was designed to be the ultimate, final
authority on laws, and whose members were granted lifetime tenure to insulate
them from the whims of politicians and public opinion.
There are two ideological camps in today’s Supreme Court. One
side relies on what is actually written in the Constitution and laws passed by
Congress; the other prefers to divine the “intent” of what was written in much
broader, more philosophical terms, despite the actual wording,
The latter is a subterfuge to make up rights and affirm
badly written laws based on philosophy rather than the actual text. And right now the Court is increasingly doing
that, with Chief Justice Roberts joining Justices Kennedy, Ginsburg, Sotomayor,
and Breyer in issuing rulings that are simply not justified within a strict
interpretation of the rule of law or even on the facts presented.
We had a perfect example of this the other day. In a 6-3
opinion, the Court affirmed the actions of the IRS and the Obama Administration
in extending subsidies to millions of recipients in states that did not set up
their own exchanges.
This is despite specific wording in the ACA that subsidies
were only to be given to those who signed up through exchanges “established by
the state” as opposed to Federal exchanges. This is also despite knowledge and
documentation that Congressional Democrats clearly intended to pressure states
to set up their own exchanges rather than rely on the Federal exchange.
The subsidies were the carrot – if states set up their own
exchanges, their enrollees got subsidies. If they didn’t set those up, their enrollees
didn’t get the subsidies – the stick.
This should have been a slam dunk. But magically, a majority
of the Court somehow found a different meaning of not only those specific
words, but also the definition of “the state” in the ACA itself – a meaning that
ignored Congressional Democrats’ original intent and replaced it with a much
broader intent fashioned out of whole cloth and based on nothing tangible.
It’s much the same way the individual mandate penalties of
the ACA were upheld by the Robert’s Court.
The Administration argued passionately and repeatedly before the Court that
the mandate penalties were not a tax.
Yet to save the ACA, Roberts himself,
out of left field and despite the Administration’s arguments, determined that
these were a tax, and as such permissible.
Even liberals were stunned by Roberts’ jump through hoops to
get this outcome.
Why he did it is unknown. Perhaps he wanted to polish up his
legacy or merely bend to perceived public opinion. Regardless, his decision on the mandates made
no legal sense.
And perhaps now that the camel’s nose was already in the
tent from that decision, it helps explain the latest decision. After all, now that the ACA has been somewhat
legitimized, it’s only logical to keep letting it get more and more entrenched.
That’s the strategy. And it’s working. Millions of people
already get subsidies they shouldn’t, but since they already do, it is next to
impossible to claw those back.
So here’s what’s coming next. I predict that when the millions of people
getting heavily subsidized insurance try to use it, they’ll discover that having insurance can differ greatly from having good coverage.
When they find their doctor won’t accept their insurance,
when they find their hospital isn’t covered, when their procedure isn’t
covered, and when they learn that they have to spend thousands of their own
money before their coverage kicks in, they’ll be pissed. Then they’ll want the
rest of us to pick up the tab for their deductibles, and better coverage for
them.
Their argument will be simple: since the ACA’s already on the books as
settled law, what’s the problem with making
some tweaks to make it better?
Shouldn’t we just subsidize more of the deductibles for
low-income families, and cover more doctors, hospitals, procedures and
drugs?
Then, since we have the mechanism in place already, shouldn’t
we just tweak it to expand the ACA to cover even more people? Haven’t we established that cheap yet
high-quality healthcare is a “right” for everyone? Let’s help the middle-class, too.
Soon thereafter just about everyone – but “the rich” of
course – will have subsidies to offset ever-increasing plan costs, whether though
the exchanges or private insurers, as what gets covered continues to grow to placate
providers of everything from aromatherapy to yoga, and surgical procedures from
hair plugs to gender reassignment.
As costs soar, people and businesses will abandon their
plans, making them subject to ever-increasing mandate penalties. However, under
pressure from voters and the business community, the mandate penalties ultimately will be waived because
so many can't afford the plans even with subsidies, or the penalties.
That’s when progressives and liberal Democrats step in and set up
single payer.
The ACA is just the camel’s nose. The recent Court rulings are simply letting more of the
camel into the tent until there's no room for anything else.
It's the proven pattern for gaining just about anything progressives have ever desired.
Because it works, they'll use it again and again. So don't be surprised.
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