Initial Thoughts on Reactions to Fast & Furious and Obamacare Developments

Very interesting day in the political world, with the Supreme Court handing down its judgment on Obamacare, and Congress finding Attorney General Holder in contempt of Congress for his evasive shenanigans trying to cover up the background to the “Fast & Furious” program – the first sitting US Attorney General to receive such an honor. How now to prosecute him becomes quite a conundrum, since the department he runs is responsible for such prosecutions, but I’m getting ahead of myself.

Neither finding is very surprising to me (the first admittedly more than the next, however). But I find the behavior around the situations fascinating – and pretty much irrational. For starters, the big topic of conversation in the news space and blogosphere has been the Obamacare decision. Now, I’m not surprised by that in the least, and there are even some very good reasons for it (such as the fact that the contempt vote happened late in the afternoon, in contrast to the SCOTUS decision, which was read shortly after 10:00 AM).

Then there are the blatantly partisan motivations to factor in. For example, The Boston Globe’s boston.com site had a Breaking News!!! alert at the top of their page as soon as the Obamacare finding was released, where the story has remained all day – now complete with “analysis” of how “Obama scores win”. Well, not so fast, but I’m getting ahead of myself again. In contrast, news of the Holder verdict took the better part of an hour to show up at all, and was presented as a small, second-rate story, which at this point late in the evening – though still amazingly on the home page – has slid down below not only about a dozen and a half Obamacare story links, but half a dozen links (plus embedded video) concerning the Boston Celtics’ draft picks, and a story about US Rep John F. Tierney’s brother-in-law calling him a liar. At least it still ranks above the MBTA reversing a commuter rail surcharge decision. It’s just hard not to picture cowardly ideological snake oil salesmen (propagandists) laying out the pages of that august publication.

But the truth is that the Holder story is a much bigger deal. Despite the incessant protestations of the professional leftists that the contempt vote was politically or even (may God heal their shriveled little souls) racially motivated, this criminally insane operation Holder is trying to hide the origins of is a very big deal. If this ends up being traced back to Obama himself, which is looking more and more likely every time the stakes are raised and Holder doesn’t buckle, it will be Obama’s Watergate – especially if any evidence surfaces that it was even partially motivated by a cynical desire to advance the left’s agenda of opposition to gun ownership by citizens. A good man is dead, and the entire republic is not stupid enough to get buried under a dump truck full of liberal smokescreens about a “botched operation” that actually went pretty much according to plan, even if the corpses were not supposed to include border patrol officers.

The self-proclaimed Most Transparent Administration Evah is going to have to release those documents they’re hiding to Congress, or risk a serious constitutional crisis. The only real question will be whether they are damaging enough to sink Obama’s presidency (and, needless to say, his reelection chances). Fast & Furious (or Gunwalker, as I first heard it called last year) might turn out to be the one thing schoolchildren know about Barack Obama 100 years from now (or more likely the only thing besides the fact that he was the first black president of the USA, a fact which will eventually be the answer to a trivia question). That would be a shame, because he has done so many other things to advance the cause of statism against the commonweal of human freedom and lawfulness, and those lessons should be learned and not forgotten.

On the contrary, the SCOTUS decision this morning, despite all the public hoopla, was really pretty much a non-event in terms of the ACA act itself. I’m not saying important decisions weren’t made, but everything remains pretty much the way it was yesterday, except that the Feds don’t have the power to punish non-conforming states by withholding Medicaid funds under Obamacare, and Commerce Clause activism has been legally circumscribed in a manner that departs significantly from the court’s trajectory over the past several decades. The first change very well might (further) doom the program fiscally, and the second establishes a much-needed, critical restraint on the cancerous spread of federal statism on the whole. Not insignificant points, either, but hardly fodder for naïve leftist victory dancing, or for anti-leftist tirades against Chief Justice Roberts for his “betrayal” of conservatism (which, of course, completely misses the point of his or SCOTUS’ role as constitutional referee). While I admit that it would have been easier if the whole law were shot down by the court, and that legislative repeal is likely to be difficult and at best partially successful, the fact is that Obama is going to have to carry this “tax” law with him as a political albatross through November, while Mitt Romney can stand on the side and say: “If you want to get rid of Obamacare, you have to get rid of Obama”. Sometimes the easiest answer is not the best.

Time permitting, I will try to take up these SCOTUS decision reactions in more detail later on, because I do find them fascinating, and almost universally wrong-headed in just about every conceivable way.