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Taylor Marsh has been writing on line since 1996, with the archives provided here a representation of that work.

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11th Circuit Appeals Court: Individual Mandate Unconstitutional

The 2-1 ruling marks the first time a judge appointed by a Democrat has voted to strike down the mandate. Judge Frank Hull, who was nominated by former President Bill Clinton, joined Chief Judge Joel Dubina, who was appointed by George H.W. Bush, to strike down the mandate.Politico

More from Reuters:

An appeals court ruled Friday that President Barack Obama’s healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.

The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.

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What Would Teddy Think Today?



Depends on which Edward M. Kennedy you’d ask.

Teddy Kennedy of 1978, who stood up to challenge Jimmy Carter no matter the cost, he might have one opinion of Barack Obama’s presidency.

I remember that Kennedy, while I stood in gas lines in New York City and watched how helpless America looked during the Iranian hostage crisis.

Today we can’t even talk about something as bold as a primary challenge to Pres. Obama, no matter that he’s earned it. The money juggernaut of Obama reelect is one reason, but with even progressives proclaiming no one can challenge Obama because he’s the first African American president, as Markos Moulitsas did with Keith Olbermann recently, it puts Barack Obama in a very special class of his own; one that elevates the politician over policy prescriptions that shore up our country’s overall health.

The Tea Party crazies wouldn’t be interested in this type of political etiquette, if you will. They want to win the argument through legislation, while managing to change the entire economic debate by taking on the GOP establishment and forcing an outcome the insiders couldn’t have come close to getting on their own. Tea Party outsider muscle helped Republicans beat Pres. Obama and his entire economic and political teams combined.

The Kennedy who endorsed Barack Obama in the star studded media extravaganza, covered by cable with full fanfare that would have been embarrassing to Edward R. Murrow, what would he think today of Obama’s presidency?

Sen. Kennedy proudly passed the torch, but Obama’s presidency as it stands today, well, it’s hard to imagine this is what Teddy had in mind.

Things aren’t getting better because the administration doesn’t even recognize that they are – that their boss is – the problem.John Aravosis

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This is the Best We’ve Got?

But the man who has occupied the Oval Office since January, 2009 is… — a man seemingly without a compass, a tactician who veers rightward one day and leftward the next, an inside-the Beltway dealmaker who doesn’t explain his comprises in light of larger goals. … But instead of explaining this to the American people, he joins the GOP in making a fetish of reducing the budget deficit, and enters into a hair-raising game of chicken with House Republicans over whether the debt ceiling will be raised. [...] – Robert Reich

by Boris Rasin

Sen. Majority Leader Reid, Sens. Schumer and Durbin came out to a smattering of press to excoriate Sen. Mitch McConnell employing a filibuster that will have the Senate voting at 1:00 a.m. Sunday morning on the latest disaster bill to come out of the debt ceiling debacle. Sen. Reid made an open plea for Republicans to join Democrats, so a catastrophe can be averted.
Continue Reading →

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Women Seeking Legal Abortion Forced Into Do-It-Yourself Situations

Abortions are still legal in America, but you wouldn’t know it today.

Women requiring an abortion are now forced, because of lack of access to doctors, to utilize telemedicine to effectively terminate a pregnancy, which is a legal procedure according to U.S. law. This has come about because of right-wing zealots and religious quacks, who are not only still a danger to our country, but specifically to women’s freedoms, partly because politicians have stopped standing up for hard fought rights we’ve won in the courts, allowing wingnuts to break the law and force women into an impossible situation.

The good news is that abortificients are effective and studies have shown they are also physically safe. The other positive sign is that telemedicine seems to work, which when you’re up against matters.

Using an abortificient like mifepristone, it’s what emergency reproductive health care for women looks like in rural Iowa and some other states, with Arizona, Kansas, North Dakota, Nebraska and Tennessee already jumping in to impede women’s freedom to control their own life.

The report comes from ABC News:

… As states increasingly enact laws that restrict women’s access to legal abortion and a dwindling number of doctors choose to perform them, women who live in rural states like Iowa have found it more difficult to terminate their pregnancies. But now, women who might otherwise travel hundreds of miles to see a physician have another option: telemedicine.

A woman seeking an abortion via telemedicine has an ultrasound performed by a trained technician, receives information about medical abortion and signs a standard informed consent for the abortion.

Once that is complete, a physician steps in via teleconference. The doctor reviews the woman’s medical history and ultrasound images, and once it is determined that she is eligible — up to nine weeks pregnant and not an ectopic pregnancy — she has time to ask questions.

Then, the doctor enters a computer passcode to remotely open a drawer at the clinic containing two pills. She then swallows the mifepristone, under the doctor’s supervision, and then is instructed to take four additional tablets of misoprostol within the next 24 to 48 hours. The actual abortion happens at home. [...]

There’s really not a lot to add on this one that I haven’t written before, except to emphasize the opening paragraph:


As states increasingly enact laws that restrict women’s access to legal abortion

and a dwindling number of doctors choose to perform them, women who live in rural states like Iowa have found it more difficult to terminate their pregnancies. But now, women who might otherwise travel hundreds of miles to see a physician have another option: telemedicine.

What’s come to America that denies women a legal procedure due to the zealotry of a determined group to impede women’s freedoms, without the Democratic president and every single member of Congress on the Left standing up to demand women’s court-won rights be honored upheld?

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HIT PIECE: Michele Bachmann’s ‘Stress-Induced’ Headaches ‘Incapacitate’

Aw, come on, boys. If John F. Kennedy can do it on all the drugs he chugged, so can Michele Bachmann.

The Daily Caller headline is the tell:

Stress-related condition ‘incapacitates’ Bachmann; heavy pill use alleged.

It cannot possibly be a coincidence that with Rep. Michele Bachmann surging we now are privy to a potentially devastating report about the presidential candidate allegedly popping pills to alleviate pain.

Women have worked for over one hundred years to be taken seriously and considered as strong candidates for commander in chief. One has to wonder if this was leaked to make voters question her health, but also her strength. Headaches are not considered by most to be something serious, maybe even a frivolous complaint by someone with a weak constitution.

With such incredible details, it seems obvious Mrs. Bachmann has a very serious problem:

The Minnesota Republican frequently suffers from stress-induced medical episodes that she has characterized as severe headaches. These episodes, say witnesses, occur once a week on average and can “incapacitate” her for days at time. On at least three occasions, Bachmann has landed in the hospital as a result.
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“She has terrible migraine headaches. And they put her out of commission for a day or more at a time. They come out of nowhere, and they’re unpredictable,” says an adviser to Bachmann who was involved in her 2010 congressional campaign. “They level her. They put her down. It’s actually sad. It’s very painful.”

As someone who has worked tirelessly to cure myself of migraines, I find this report alarming.

There is something horribly wrong with a professional person who isn’t dealing with deeper issues that trigger a migraine. As the Daily Caller reports, she’s been hospitalized and had to recuperate at home, away from her job, because of them, after having been incapacitated by them. Being treated with medication is dealing with the symptoms and staving off the results of something in your life that precipitates the event.

You cannot get rid of any health issue without finding the root of the cause of your problem, whether it’s diet, lifestyle, maybe a spouse or even your job.

Now, I don’t pretend to know any specifics about Mrs. Bachmann’s debilitating pain issues, but as someone who once had to live with migraines from the time I was a kid, had to perform while throwing up off stage between numbers because of them, as well as having my long ago past riddled with 24-hour vomiting over 3 days before they broke, I sure as hell know the answer isn’t medication, which offers no definitive solution. Thankfully, I cured myself. Solving the riddle of pain means discovering what in your life is causing the stress that leads your brain to the pain seizures of migraines.

But if you don’t, can’t or won’t, pills it is. At least today there are new drugs that make the days of injections a memory.

Of particular concern to some around her is the significant amount of medication Bachmann takes to address her condition.

The former aide says Bachmann’s congressional staff is “constantly” in contact with her doctors to tweak the types and amounts of medicine she is taking. Marcus Bachmann helps her manage the episodes.

Sources who spoke to The Daily Caller said they did so because they are terrified about the impact the condition could have on Bachmann’s performance if she actually became president. They also worry that the issue could blow up in the general election campaign, giving President Obama an easy path to re-election.

The drugs that kept Pres. John F. Kennedy alive went well beyond migraine medications, as historian Robert Dalek wrote in “An Unfinished Life,” which was just one of the hundreds of sources I relied on for my one woman show on J.F.K.  If he had run for office today, let alone been president, there is no way he could have kept his double digit list of medications a secret. He had his women, his doctors and all the drugs that kept him alive:

  • Anesthetic procaine, for his Addison’s disease
  • Cytomel, for thyroid deficiency
  • Lomitil
  • Metamucil, now there’s a commercial for you
  • Paregoric
  • Phenobarbitol
  • Trasentine, to control his colitic diarrhea
  • Testosterone, to increase his energy and boost his weight after bouts of colitis
  • Penicillin, for urinary tract flare ups
  • Fluorinef, to increase his salt absorption due to Addison’s
  • Cortisone
  • Tuinal, for insomnia – a side effect of the cortisone
  • Antihistamines, for an array of allergies
  • Codeine
  • Steroids… Oh, and Vitamin C and calcium.

J.F.K. also had lots of doctors who gave him his “vigah,” including injections. They also led to rumors that Nixon tried to steal his medical records. He had an allergist; an endocrinologist for his Addison’s disease; a gastroenterologist for his colitis; a urologist, because he’d gotten a urinary tract infection from venereal disease; an orthopedist for his degenerative spine, but no one knew.

What this report is meant to conjure up is Rep. Bachmann’s physical frailty. It’s a political attack by “former aides” trying to take the bitch out.

There’s a reason Tim Pawlenty had a former aide of Bachmann do an op-ed hit piece in Iowa. A reason Rick Perry is being pimped by the conservative boys’ club. It’s not that he’s got anything Michele Bachmann hasn’t. He’s chock full of crazy, too. But at least he’s not a f*#!ing girl.

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Sound Familiar?

This is truly a tragedy: the great progressive hope (well, I did warn people) is falling all over himself to endorse right-wing economic fallacies. – Herbert Hoover Obama (by Paul Krugman)

I’ve been writing this for four bloody years.

It took flight during the “debate” on health care.

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Appeals Court Upholds ACA

From the New York Times:

The Obama administration won the first appellate review of the 2010 health care law on Wednesday as a three-judge panel from the United States Court of Appeals for the Sixth Circuit in Cincinnati held that it was constitutional for Congress to require that Americans obtain health insurance.

Scotusblog has analysis:

The key feature of Congress’s broad new health care law — a mandate that virtually every one obtain health insurance by the year 2014 — on Wednesday survived its first constitutional challenge in a federal appeals court, but it did so with little room to spare. Three judges on the Sixth Circuit Court in Cincinnati took three different positions, but the one that counted the most rejected only the broadest challenge, and suggested that narrower ones might have some success as the law is actually put into effect.

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Scrutiny on Bachmann Isn’t What Obama Faced

Politico has a piece today on Bachmann’s thin legislative record. Fair enough to cover, but let’s not pretend such things weren’t overlooked for the boys.

When George W. Bush ran for president, not only was his abysmal business record shrugged off, but the traditional press didn’t pay any attention at all regarding Bush’s very iffy National Guard record, not to mention the fact that his presidential candidacy was predicated on his father. When John Kerry was attacked by the “Swift Boat Veterans for Truth,” Fox News channel not only encouraged Sean Hannity to broadcast lies about Sen. Kerry’s hero war record, but traditional, new media and cable outlets let the Right get away with swiftboating him by allowing the false equivalency of Jerome Corsi to be taken seriously. Ronald Reagan likely had Alzheimer’s before his second term, but nobody blew the whistle on the Gipper, while letting him off the hook for Iran-Contra, because the bond the people had with him after the assassination attempt was real. Now, I realize these issues aren’t of the same variety, but scrutiny is scrutiny and when it’s not, it’s not.

The opener from the Politico piece:

Rep. Michele Bachmann is surging in the GOP presidential polls and barnstorming Iowa, New Hampshire and South Carolina, but as she sprints toward the front of the Republican pack, there’s a major hole in her political résumé: legislation.

Now in her third House term, Bachmann has never had a bill or resolution she’s sponsored signed into law, and she’s never wielded a committee gavel, either at the full or subcommittee level. Bachmann’s amendments and bills have rarely been considered by any committee, even with the House under GOP control. In a chamber that rewards substantive policy work and insider maneuvering, Bachmann has shunned the inside game, choosing to be more of a bomb thrower than a legislator.

Candidate Barack Obama had the thinnest of records out of Illinois, but that didn’t bother anyone when I was writing about Obama’s flyover of the first debate in Carson City, NV, or when he came to the health care forum in Las Vegas saying he’d have a plan in 3 months, totally whiffing the moment. Voting “present” in the Illinois state senate innumerable times didn’t bother the breathless cable yakkers either. Women found out just how committed Pres. Obama was to our freedoms in the Affordability Care Act, as well as his decision on abortion recently in his decision to sell out D.C. women.

But then again, considering the lousy Democratic leadership record Pres. Obama has had in his first term, making private insurance deals, big Pharma compacts, channeling Bush on war and plotting assassinations around the globe, not to mention endless parroting of the Republican economic message, perhaps Politico is correct. Records do matter.

Let’s just not pretend this isn’t a double standard if Michele Bachmann is judged less than a man who’s done absolutely nothing worthy of note before running for president.

Unless, that is, one anti-war speech convinced you that candidate Obama was a progressive fighter, which in that case your hopeless to begin with.

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Michele Bachmann: ‘I am running for the president of the United States’

Forget political pedigree, executive experience or ties to deep-pocketed donors. No Republican presidential candidate is better positioned to capitalize on the recent tide of conservative anger toward President Barack Obama than Michele Bachmann. Her charisma and crossover appeal to both social and fiscal conservatives have the three-term Minnesota congresswoman rising in the polls and primed to make a serious impact on the GOP nomination fight.Bachmann well-positioned for Iowa, and maybe beyond

So, the Hillary effect continues to pave the way for women, bringing forth the first serious right-wing conservative candidate with a worthy resume, Michele Bachmann, who has just announced her candidacy in Iowa.

photo via Jon Karl on Twitter

CNN’s Peter Hamby’s “charisma and crossover appeal to both social and fiscal conservatives” narrative gets it right.

Coming off her Fox News interview clash with Chris Wallace, today Michele Bachmann continues to gain traction with Republicans. But as Karl Rove said several weeks ago with Bill O’Reilly, the path to the presidency via the House is arduous, dismal and unsuccessful.

The National Journal has an interesting piece on Bachmann:

Bachmann goes out of her way to portray herself as a different kind of Republican. In an interview with National Journal last month, she talked about her teenage years as a Democrat (she worked on Jimmy Carter’s presidential campaign), her post-doctorate degree in tax law, and the business she started with her husband, Marcus. As she has in other forums, Bachmann also spoke about the 23 foster kids the couple raised in addition to their own five biological children. “People don’t necessarily think of a Republican, especially a conservative Republican, as having a heart, much less compassion,” she said.

[...] All the while professing great admiration for Sarah Palin, Bachmann appears irked by the seemingly inevitable association between her and the 2008 vice presidential nominee. Both are polarizing figures who appeal to—and turn off—the same constituencies. But there is at least one striking difference between the two: While Palin remains at war with what she calls “the lame-stream media,” granting her only extended recent interviews to Fox News (where she’s employed as a commentator), Bachmann has opened her office and her life to the press. She’s also showing she has a lower gear: In an interview Sunday on CBS News’s Face the Nation, Bachmann more narrowly focused her criticism of Obama on his stewardship of the economy and suggested she regretted calling him “anti-American” in 2008.

Bachmann is understandably “irked” by the Palin association. While Sarah readies for her close-up in Iowa over a movie meant to reinvent her, Bachmann’s running for president with her stock going up on the Right every day, but not because of some publicity stunt. It’s because as she goes into the “lamestream” media’s sights she seems to have learned from her innumerable gaffes, with the pros on her team schooling her on being a disciplined candidate, with Bachmann humble and willing enough to listen, which is paying off.

Sarah Palin’s refusal to listen to Roger Ailes after the Loughner tragedy in Arizona is a prime example of why Sarah’s seen as frivolously silly in comparison.

Oh, how the flop sweat inside team Timmy Pawlenty’s campaign headquarters must by pungent about now.

There is no right-wing Republican candidate that can take it to Pres. Obama better than Bachmann. It’s early, but she’s making a case that she’d be a formidable vice presidential candidate on the GOP ticket, especially if Romney continues to soar with the establishment, if Republicans can get over their Sarah Palin veep disaster nighmares. Unlike Palin, in a debate with Joe Biden, Michele Bachmann wouldn’t be forced to ignore questions because she couldn’t answer them or rely on tricks to remember Biden’s name.

Bachmann won’t get the credit, but right-wing politics aside, she’s the first credible conservative female candidate in modern Republican Party history.

And though I don’t expect a nomination fight to rival 18 million cracks in the presidential glass ceiling, it’s always a good day when competent, serious females vie for the highest office in the land and in the modern world. It’s just alarming that women like Bachmann are doing it on a platform that includes taking freedoms away from women.

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Bachmann Stars, Romney Skates, Pawlenty Blows It

Granted, it was a fundraiser, not a free rally. But the empty seats were hard to miss. The top level of the 2,200-seat concert hall at the Adrienne Arsht Center for Performing Arts was entirely empty, as were the seats along the side of the second and third levels. – Obama fundraiser underwhelms

E.J. Dionne didn’t expect it, but it didn’t surprise me at all after watching her during the budget battle. So, not only was Michele Bachmann the only one who had any star quality, she made news too. But she should have skipped this very weird webvid of her announcement.

Tim Pawlenty blew it big time. What the strategy on that was all about is anyone’s guess, but it was a colossal mistake. It’s also hard to imagine T-Paw not panicking a bit upon imagining his Iowa chances vanishing with Bachmann’s strong performance. His record may delight Republicans, but he has no presence at all. I don’t now how he comes back from this, as his first debate was a snooze.

Mitt Romney made it through untouched, choosing to draw a picture for viewers of him debating Obama, saying to everyone I’m your nominee. He also tried to weave an answer on Afghanistan that didn’t offend Republican primary voters, while having it both ways by not trying to alienate the general election voter, most of whom want out of Afghanistan.

If Jon Huntsman was watching and you can bet he was, he’s got to sense Romney’s vulnerable to a Republican who actually knows his mind and is clear on matters of foreign policy.

Republicans will now have to deal with Rep. Bachmann. Her politics are not only representative of the Tea Party, but also of their extreme views. From TeamBachmann on Twitter:

Here’s a #prolife solution from MB: Let’s require mothers to hear the heartbeat before getting an abortion. #cnndebate

Few things are as offensive coming from a conservative than demanding government intervene in a woman’s most wrenching decision and moment in her life, while being subjected to steps along the way that are beyond any legal requirement of Roe or Griswold. I’d really like to take Republicans seriously, but this type of rhetoric against women’s freedoms is reprehensible from an American political party that lectures everyone on freedom and liberty.

Obama’s Libya policy, such as there is one, wasn’t popular last night either and I’d like to talk further about foreign policy, but John King didn’t introduce it until there was around 15 minutes left in the 2-hour debate.

Where Jon Huntsman fits in this group, well, he doesn’t. Maybe that will be his ace if he decides to get in, which is what everyone is waiting to see.

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Democratic Message Stumble isn’t Weiner’s Fault

When Democrats congregate, some lawmakers are going to argue “why are we cannibalizing ourselves,” said a senior Democratic aide. “Plus, he’s not going anywhere, so we just look like a bunch of idiots.”Democrats worry Anthony Weiner will hurt agenda

A bunch of idiots gets it exactly right.

When a leader targets one of her own she needs to hit him; on Rep. Anthony Weiner, Democratic minority leader Pelosi (and DNC chair Debbie Wasserman Schultz) missed by a mile. It’s not Debbie Wasserman Shultz’s place to tell Mr. Weiner to focus on his “well being” or his family. Pelosi and Wasserman Schultz played female moralists instead of remembering their job is as political party leaders, something the men don’t forget.

As I wrote this weekend, if Democrats want a real disaster all they have to do is serve up an ethics investigation, with the results landing in the heat of the 2012 presidential race. Hoyer gets it, even as he clearly hopes Weiner will take one for the team who can’t force him to do anything.

Still, several House leaders — Minority Whip Steny Hoyer of Maryland, Assistant Democratic Leader Jim Clyburn of South Carolina, Democratic Caucus Chairman John Larson of Connecticut and Vice Chairman Xavier Becerra of California — pointedly did not join the choreographed team push. None of them has directly called for Weiner to resign, though Hoyer did say Sunday on CBS’s “Face the Nation” that he hopes “he would make that judgment.” – Politico

If Democratic leaders were smart, they are not, they would instead muster some discipline and a united front saying that Anthony Weiner’s personal challenges won’t keep seniors from losing Medicare. Weiner’s got a long journey to rehabilitate himself, but the Democrats job remains the same: We’re focused on the most important job we have and that’s standing up for protecting people from the Republican and Paul Ryan’s budget scheme, which threatens the safety net Americans have had since F.D.R.

It’s predictable Republicans will run ads using Weiner, but Democrats can answer those ads with the GOP’s greatest scandal hits, perhaps starting with Newt Gingrich and Rudy Giuliani or maybe Tom Delay, even David Vitter or Mark Foley. There are innumerable options.

As for messaging, the Democratic message for 2010 under Tim Kaine was a historic disaster. Pres. Obama didn’t help, because all he could muster was compromise and capitulation on economic message that further blew out the budget and has his 2012 road looking rougher than it has before, though certainly not impossible to traverse.

Whatever problems Democrats have with messaging aren’t Anthony Weiner’s fault, however infuriating he is as a distraction, though he’s an easy scapegoat.

The Democratic problem is that in the Obama era they can’t figure out what’s worth fighting for and won’t make a case for the Democratic alternative for all things Republican.

Say what you will about Anthony Weiner he never had that problem. As one of the most prominent grandstanding politicians for Democratic ideals, though his Middle East stance is appalling, Weiner knew there was no mileage in parroting Republican economic talking points or selling out people on health care, both of which got Democrats in the ditch they’re in today long before Weiner went wild on Twitter.

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Karl Rove & Republicans Take Hit Out on Debbie Wasserman Schultz

… Wasserman Schultz is kind of an easy target. Any “aggressive messenger” is. Extreme and shrill is always far easier to spoof than subtle and nuanced. – Hot Air

…and the D.C. political class is sucking it up.

Democrats are freaked that Karl Rove is leading the Right, The Hill and other Republican-leaning outfits in a targeting campaign to discredit Debbie Wasserman Schultz, all in attempt to Pelosi her.

And, yep, right on schedule, the Democratic boys club is getting nervous.
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Health Care ACA on Trial

In the most important appeal of the Obamacare constitutional saga, today was the best day yet for individual freedom. The government’s lawyer, Neal Katyal, spent most of the hearing on the ropes, with the judicial panel extremely cautious not to extend federal power beyond its present outer limits of regulating economic activity that has a substantial aggregate effect on interstate commerce. – Cato

Log this under the bad memory file. Someone should have figured out a way that ACA wouldn’t have been so easily challenged. But that’s spilled, sour milk, though it’s the reason for the graphic, as we still need health care reform.

Not everyone agrees with the quote above, though most of the things I have read point to the fact that acting Solicitor General Neal K. Katyal for the Obama administration got grilled on high.

Cato’s Ilya Shapiro certainly was happy:

Countless times, Judges Dubina and Marcus demanded that the government articulate constitutional limiting principles to the power it asserted. And countless times they pointed out that never in history has Congress tried to compel people to engage in commerce as a means of regulating commerce. Even Judge Hull, reputed to be the most liberal member of the panel, conducted a withering cross-examination to establish that the individual mandate didn’t help that many people get affordable care, that the majority of people currently without coverage would be exempt from the requirement (presumably due to their income level).

In short, while we should never read too much into an oral argument, I’m more optimistic about this case now than any other.

But as Jonathan Cohn writes in a good rundown, if you read other reviews on what happened it’s a bit more mixed.

From Ian Millhiser:

The plaintiffs in this case make the most common argument conservatives levy against the ACA — its provision requiring most Americans to either carry health insurance or pay slightly more income taxes violates the Constitution because Congress cannot “regulate inactivity” — only the states have this power — and therefore people who don’t buy insurance are somehow off limits.

The judges, however, expressed extreme skepticism at this argument. At one point, Judge Frank Hull, a conservative Clinton appointee nominated as part of a compromise with the GOP-controlled Senate, announced outright that “this whole inactivity business just doesn’t get me.” Judge Stanley Marcus, a similar compromise Clinton appointee, said on several occasions that the plaintiffs’ entire states’ rights theory didn’t make sense.

Segue to , acting Solicitor General Neal K. Katyal for the Obama administration:

Mr. Katyal said that the insurance mandate clearly had an economic rationale because governments, hospitals and the privately insured end up shouldering costs for uninsured patients who cannot pay. That rationale, he said, satisfies the test set by the Supreme Court in a string of prior decisions: that the Commerce Clause permits Congress to regulate activities that have a substantial effect on interstate commerce.

What the Supreme Court has never considered is whether a choice to not buy a product can be considered an “activity” that can be regulated, as the government asserts.

Nobody knows how this one is going to end. The next hearing is in September in D.C.

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Celebrating Griswold v. Connecticut

June 7th, 2011 marks the 45th anniversary of the landmark 1965 Supreme Court decision Griswold v. Connecticut, which legalized family planning and the right to individual privacy in family planning decisions. But nearly 50 years later, women in the United States can hardly find cause for celebration, because we are engaged in a full-on battle to maintain access to contraception. – Jodi Jacobson

Estelle Griswold, left, of New Haven, Connecticut, reading a newspaper account of the U.S. Supreme Court's ruling in her case.

There is no case that means more to modern women than Griswold v. Connecticut, at least that’s my take.

Jodi Jacobson has a terrific piece on Griswold‘s anniversary, drilling home the challenge women still have today in getting access to contraception. It’s something Margaret Sanger gave her life to so many years ago.

No one group is more responsible for the lack of reproductive health care, counseling and absence of full contraceptive availability than the Republican Party and their surrogates. The women of the Right who are against this basic public necessity are a disgrace.

That Speaker Pelosi and Pres. Obama helped Democrats like Rep. Stupak marginalize women’s freedoms in the health care bill was breaking faith with women who helped elect these officials. When Obama doubled down to take funding away from the women of Washington, D.C. he proved unworthy of the support we gave him in 2012.

To teach Democrats a lesson, putting a Republican in the White House would simply hurt more women. However, the economics of the times, which hits women very hard, has taken our eyes off reproductive health care to the economy. The sad truth is we’re not getting equal attention from either big party who’ll be hawking their policies for 2012 and promising the moon.

Don’t believe Obama or the Republican nominee.

Today, Republicans and some Democrats are attempting to circumvent what women (and every other American) won through this Supreme Court decision, by waging a war against female freedoms that is attempting to make us a prisoner of the states we live in.

Some day Americans will have to ask is freedom just for men? Because when you take away a woman’s right to privacy, which begins with the power to control her own body, you are making us unequal to males.

There are laws that come with Roe v. Wade that make women take responsibility in a way that puts the notion of “abortion on demand” down. That’s not what any intelligently mature female is asking. We all know we have restrictions, which I fully support.

Abortion is a legal, safe and an important reproductive health option that includes abortificients and other methods of stopping pregnancy. It is a woman’s legal right to make this decision without the interference of any bureaucrat, religious fanatic, or male legislator.

If you don’t want an abortion don’t have one.

If you get in a situation where you feel there is no other choice, don’t feel ashamed and don’t allow anyone to tell you it’s wrong, because you are the only one who knows.

It’s difficult, for some it’s tragic. For other women it’s a matter of personal survival.

Justice Earl Warren, appointed by Pres. Dwight D. Eisenhower, was a great man and the Supreme Court, the Warren Court, he presided over helped make women equal, with Justice William O. Douglas writing the majority opinion. Justice Warren followed Thomas Jefferson’s idea of the U.S. Constitution to the letter.

“I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.” – Thomas Jefferson (engraved on one wall of the Jefferson Memorial.)

Today the Republican Party and some Democrats are trying to undo Roe v. Wade, but what they really want to obliterate from U.S. history is Griswold.

Griswold v. Connecticut

Facts of the Case:

Griswold was the Executive Director of the Planned Parenthood League of Connecticut. Both she and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control. Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counselling, and other medical treatment, to married persons for purposes of preventing conception.
Question:

Does the Constitution protect the right of marital privacy against state restrictions on a couple’s ability to be counseled in the use of contraceptives?

Conclusion: Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations. The Connecticut statute conflicts with the exercise of this right and is therefore null and void.

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Weiner Should Pull a Hugh Grant and Talk to Jon Stewart

“I don’t represent the hide-under-the-desk wing of the Democratic Party.” – Rep. Anthony Weiner

Rep. Weiner was not shy or quiet about taking on Pres. Obama and Speaker Pelosi, whom he believed hadn’t made the case on health care strongly enough. He also told Republicans to “put up or shut up” on the necessity of health care for the country.

Democrats would be better off if more of them acted like Weiners.

As the first anniversary of the health-care law approached this week, many Democratic lawmakers went to ground, leaving unanswered Republican accusations that the legislation is socialist, unconstitutional, bankrupting the country, destroying the medical system and generally bringing about the apocalypse. But not Anthony Weiner.

Nancy Pelosi, he said, has been “inartful.” President Obama, he said, hasn’t provided “air cover” for Democrats in Congress. The White House “hasn’t done a very good job” confronting critics. The administration needs to make its case “more forcefully.” And his colleagues are limp, Weiner said: “We have to stop cowering.”

This is an independent progressive who isn’t afraid to stand up to the leaders in the Democratic Party, especially when they’re leading. That means he has very few friends right now.

From Huffington Post:

On top of that, one New York lawmaker noted that the state is about to go through a redistricting of House seats in which it will lose two districts. There would be little incentive to protect a disgraced Weiner in a district that was not drawn to protect minority voting rights. “I don’t see how anyone goes out of their way to save his district,” the legislator said.

Fighting relentlessly for the public option, Rep. Weiner said “Healthcare is not a commodity.”

I’ve read comments and tweets and also heard from quite a few people who stood up for Rep. Weiner who are hurt, bitter and angry that they walked the line for him. Anyone, including Rachel Maddow who offered a very soft interview space for him, has every right to be furious.

Ed Schultz delivered a chicken liver performance last night when he asked Rep. Weiner to resign.

That may be what happens, especially with Andrew Breitbart alleging he has an X-rated photo, as TMZ breaks wide with a story that reportedly shows Weiner aiding the porn actress to lie. There’s no doubt this is getting ugly, which is what happens when someone can’t control their compulsions and won’t admit they need help.

On Charlie Rose last night, Roger Simon went through a weird fantasy tale serving up the possibility that Rep. Weiner could have engaged with women underage, even if there’s no proof whatsoever that this happened.

But considering social media does allow for teens to fake their age, this talking point, if it catches hold, could simply add to the hysteria building.

All the while Democrats hold his fate, some of which he has tweaked over policies and party strategy, which made Rep. Weiner a fighter against the Obama machine.

When Rep. King caused the failure of a 9/11 first responder bill, Weiner’s constituents applauded him saying he “took a stand for the rescuers at 9/11.”

Rep. Weiner put himself in political peril, with his adversaries inside the Democratic Party not willing to lift a finger as the drip, drip, drip continues.

As long as David Letterman is out there it’s not going to get any easier for Anthony Weiner. Maybe he should consider pulling a Hugh Grant, only give Jon Stewart the shot, like Grant gave Leno. “What were you thinking?”, along with Weiner’s savvy, might just be the ticket.

…though with TMZ and Breitbart on Weiner’s heels it’s hard to say it’s not already too late. Hugh Grant simply propositioned a hooker in Hollywood. Rep. Weiner’s predilections aren’t that conventional, with revelations continuing to spin out.

But redemption is built into the American political fabric as long as the guilty person prostrates himself. There is life after politics, especially for he and his wife. Jon Stewart could help him get there, maybe even stop the crescendo that’s building.

With Rep. Pelosi and Rep. Steve Israel calling for an ethics investigation, Rep. Weiner needs to do something.

For my money, the work Rep. Weiner’s done to make the progressive case on policy when the Democratic Party lamely couldn’t speak out under Pres. Obama, matters a lot.

I live in the Beltway, but I’m not a creature of it and never will be, having lived from Missouri to New York to Nevada to Beverly Hills in Los Angeles and many points in between. But I know one thing: if the Obama loyalists and Beltway Dems want Weiner’s (ahem… and ugh) pound of flesh that’s exactly what they’ll likely get.

Screen capture from Huffington Post.

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Dems Excited About Medicare Fight, But It’s Virtual Silence on Medicaid

The Affordable Care Act will expand eligibility for Medicaid, beginning January 1, 2014, to cover all Americans with family incomes up to 133 percent of the federal poverty guidelines ($29,326.50 for a family of four in 2010). This expansion is one of the three primary mechanisms for covering additional uninsured Americans, along with reliance on the current employer-sponsored insurance system, and creation of Insurance Exchanges. States will have the primary responsibility to implement the Medicaid expansion, complying with new federal requirements, many of which will be clarified in forth-coming regulations. Below is list of Medicaid issues legislators may want to consider before the expansion of Medicaid in 2014. – National Conference of State Legislatures

Republicans feel it’s 2012 or bust, because the drop dead date for austerity is 2014.

Politico runs an important story today wondering why Democrats aren’t talking about Medicaid, in addition to Medicare, driving home the point of Republican austerity, which puts the most vulnerable in jeopardy.

Medicaid “doesn’t quite have the same political dynamic” as Medicare, (New Jersey’s Rep. Robert) Andrews said.

Yeah, the poor go quietly, but AARP members will not.

According to reports, Barack Obama won 73% of the vote of people making under $15,000. Republicans don’t have a vested interested in these voters, because they vote less frequently than Medicare recipients and are unlikely to vote GOP for a reason. Maybe that’s why Paul Ryan’s budget, which has been reported before, plans to cut roughly $1.4 trillion from the poor’s safety net.

Also in Ryan’s sights is the Affordability Care Act, which Republicans want to eliminate completely, but if they can’t do that, cutting Medicaid by $770 million would be another way to get the job done, simply by turning Medicaid into state block grants. From early April in the American Prospect:

There are several ways states can pass on the Medicaid savings: reduce eligibility to trim the Medicaid rolls, cut recipients’ benefits, and reduce provider payments. Presumably all three would occur, and the balance between them would vary by state.

But not all Medicaid beneficiaries require the same amount of spending, and those who cost the most would most likely see their benefits limited or cut. Older people and people with disabilities make up the majority of Medicaid expenditures but are only about a quarter of Medicaid recipients. They are much more likely than the general population to depend on expensive long-term care and ancillary services like mental health, home-health aides, and occupational or physical therapy. Right now, if a state chooses to cover those needs, the federal government kicks in a significant portion of the cost, but that would change under Ryan’s block-grant plan. States would have a financial incentive to cut the most vulnerable because they are the most expensive. “Medicaid is already a pretty lean program, so block grants create a big incentive for states to cut back on things that vulnerable people really need,” says Harold Pollack, a professor of social policy at the University of Chicago.

Proving that policies are fought in the mainstream and where the most likely voters can be reached, there’s not been any attention whatsoever to what the Republican budget would do to Medicaid. From Politico:

Yet, for all the Democrats’ posturing and campaigning against Republican plans for Medicare, the GOP budget actually makes more immediate and deeper cuts to Medicaid. But Democrats haven’t been blasting the GOP Medicaid plan with nearly the same fervor, even though Republicans would cut about $750 billion from the program during the next decade and end the guaranteed federal match for states.

[...] Medicaid covers more than 50 million people, including low-income children and seniors in long-term care, but it doesn’t pack the same political punch as Medicare. Some observers say that’s due to the lingering perception that Medicaid is just a program for poor people that holds a much less broad-based appeal.

It’s also about kids. ACA pumped up the “Medicaid for kids” program, which Ryan and the Republicans are targeting.

Maybe the reason they’re getting away with it without a peep from Democrats is because Pres. Obama tried his own version earlier this year with cutting home heating assistance for the poor.

It’s not the two America’s syndrome, it’s that we have separate and unequal economic realities, with Democrats not doing anything to make the case for helping the poor.

Ironic that the only guy who ever made that case is now fighting to stay out of jail in an FEC case that’s never been brought before in U.S. history; while Wall Street bankers who broke our financial system and trumpet Republican tax policies as the answer walk around free from guilt or reprisal.

There is no conversation coming from Democrats or Pres. Obama about what the GOP wants to do with Medicaid if given the chance, even as Republicans push austerity through Medicare, because in the age of Obama it seems the party of Robert F. Kennedy doesn’t do that anymore.

Don’t get me wrong, it’s not that Pres. Obama and his administration don’t care about the poor, which ACA proved in writing and spirit, even if there’s been no defense of the specifics since Rep. Ryan’s budget landed. It’s just that Obama has no intention of putting the power of the presidential bully pulpit behind a strong offense over something that would not bring out voters that don’t normally vote for him anyway.

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Judge Strikes Down Walker’s Anti-Union Law (while Vermont goes single-payer)



Along with the news that Gov. Peter Shumlin of Vermont has signed into law a single-payer health system in Vermont, comes this news from Huffington Post:

Dane County Circuit Judge Maryann Sumi ruled Thursday that Republican legislators violated Wisconsin’s open meetings law during the run up to passage. She says that renders the law void.

The law pushed by Gov. Scott Walker takes away all bargaining rights except over base salary for teachers and other public workers.

The decision is not the end of the legal fight. The state Supreme Court has scheduled arguments for June 6 to determine whether it will take the same case.

Easy solution for Republican union busters in Wisconsin. Just pass the law again, this time by not violating the “open meetings law.”

Then look for a new line of work, because collective bargaining is wholly American, just ask Chris Christie.

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The Ugly, The Bad, & The Good Can Oust the Worst

Donald Trump is upping the ante against President Barack Obama’s legitimacy, raising questions on Monday night about how the president was admitted to two Ivy League schools. Trump openly questioned how Obama, who he said had been a “terrible student,” got accepted into Columbia University for undergraduate studies and then Harvard Law School. – Donald Trump: How did Barack Obama get into Ivies?

The un-Obama in the opening act of circus 2012 is popular for a reason. Listen to any politician today and you’ll get it. Crazy, wrong, right or insulting, however you judge Donald Trump, he is fearless and speaking his mind bluntly, openly and without reservation. He’s not a “lamestream media” wimp, as Sarah Palin is, nor is he inside government; there is also a chance he’ll never get past the opening act stage, though that hardly matters, because he’s blown out the stench of calculation and caution, even polite political patter. No matter where he ends up it’s a lesson in how starved people are for anyone speaking in terms that they can understand, no matter what’s being said. It’s not the messenger or even the message as much as the audacious Americanism of Donald Trump elbowing the establishment off the scene, with there something low brow about Trump’s trash talk.

It’s the lesson Democrats never learned from the health care debate. People won’t accept something they can’t understand and if there was anything that was incomprehensible it was Pres. Obama and the Democratic message on health care and the Affordability Care Act.

This is one hurdle that’s very tough for Pres. Obama to get over, because he is always engaged in a circular conversation, rarely coming down anywhere on the declarative side of things.

This segues perfectly into the latest pitch for Pres. Obama, given by Ezra Klein, who posits Obama is a Republican and that’s not bad, especially since he’s the only one standing in front of the crazies taking over. It’s an insider opinion from someone 4 years too late, but is no doubt going to be hailed as a way to make the case for Pres. Obama in 2012. People who’ve been reading here since 2007 will recognize the template, the tardiness proving that “political analysts” are not all equal.

Segue to Lawrence O’Donnell, who eviscerates the notion that Rush Limbaugh or any other of his bootstrap political hack club are remotely interested in aiding the poor or the middle class, but instead are only concerned with championing wealth for its own sake, even if it ends the middle class as we know it, which Limbaugh did today on his show making the case for corporations.

Lastly, Rachel Maddow, well, you really should watch this one for yourself. It reveals why movement progressives have to keep on keeping on, because they are the heart of what people want, even if the ignoramuses in Congress and the White House believe austerity is king.

Now Democrats just have to digest that to save the party they have to weed out the conservatives who think being closer to Republicans is a virtue instead of a curse. Then digest that Pres. Obama is not your friend, no politician is, especially once he or she thinks they can sell out principles and make the lives of the working class harder.

The more independent you are from the political powers and the more courage you have to walk away from the established elite the more power you have as a voter and the quicker you’ll change what’s not been working in this country for a very long time.

Visit msnbc.com for breaking news, world news, and news about the economy

Visit msnbc.com for breaking news, world news, and news about the economy

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Trump: What Does Privacy have to do with ‘Pro-life’?

**UPDATED**

Visit msnbc.com for breaking news, world news, and news about the economy


Nice, soft ball question. But as we found out with Sarah Palin there aren’t any.

–updated– Speaking of Sarah, it really does look as if Donald Trump’s media blitz and poll explosion has team Sarah concerned. David Weigel did screen captures of the tweet blizzard of Mansour on Palin’s Saturday speech. Palin came out of hiding after her “blood libel” embarrassment to try to gain some ground back, but mostly because Donald Trump is getting in the way of her busting on to the presidential scene and having the stage to herself.

Anyway… about Trump, MSNBC’s Savannah Guthrie asked Mr. Trump if there was a right to privacy in the constitution. He thought and then said, “I guess there is.”

When Ms. Guthrie went on to ask him how this squares with his “pro life” position it’s clear that Donald Trump not only didn’t get the correlation between privacy and Roe v. Wade, but that it never crossed his mind.

“Well, that’s a pretty strange way of getting to pro-life. I mean, it’s a very unique way of asking about pro-life. What does that have to do with privacy? How are you equating pro-life with privacy?” – MSNBC

If you want to go down Donald’s rabbit hole, he does have a point. What does privacy have to do with “pro-life”? Out of the mouths of the billionaire, because I’d say being “pro-life” isn’t about privacy at all, it’s about believing freedom is just for men.

It’s also ironic that believing in a right to privacy is the conservative position to have, which likely won’t make progressives and liberals comfortable, but keeping the government out of our personal decisions is actually a conservative viewpoint.

Donald Trump has one way out of it and it’s to admit he made a stupid mistake. If he tries to paste over this in any way it will be worse than his initial answer. But it sure should send an alarm through his system about how much basic political information he doesn’t know.

…or more likely that he simply hasn’t learned how not to walk into political buzz saws with the correct talking point to reach your own constituency. Though if Donald was really serious he’d understand that Independents believe in a woman’s right to privacy. It’s basic civil rights stuff for any enlightened human.

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Barack Obama’s ‘Mean Streak’

This Washington Examiner editorial made me laugh out loud. The headline is: Mean streak: Obama is not as nice as he looks.

This is news? Evidently the Republicans never heard of Alice Palmer.

Taking on the very obvious first, Republicans are whining because Pres. Obama supposedly gave a “mean-spirited partisanship, gross misrepresentations of fact, and sophistry of the lowest sort concerning Republicans’ alleged desire to hurt old people, the poor and mentally challenged children.” That he did it with Rep. Paul Ryan sitting in the front row was just too much for them to take.

This from a crew who believe that weaning seniors off a guaranteed benefit and putting them on an unequal voucher program is good policy for people who don’t have adequate means to help themselves. That the environment is expendable, who think freedom is just for men and that women’s wombs should be wards of the state (especially if you’re a poor woman), who want to keep expanding the Pentagon while bombing countries that haven’t attacked us, who think separate and unequal justice for people suspected of crimes is good enough, and that blue collar, waitresses, truckers and people in hard labor jobs should have to wait to retire, while the rich are protected from high taxes and corporations get breaks because they’re more important than government programs that offer services for people, including building infrastructure, repairing buildings and roads, but also making things that will make us more competitive, including high speech rail across this country.

From the Examiner editorial:

Obama then spent Thursday evening regaling an audience of Democratic donors with what he thought were off-the-record insider jabs about his recent budget negotiations with House Republicans, including this cheap shot at Ryan: “When Paul Ryan says his priority is to make sure he’s just being America’s accountant, that he’s being responsible, I mean this is the same guy that voted for two wars that were unpaid for, voted for the Bush tax cuts that were unpaid for, voted for the prescription drug bill that cost as much as my health care bill — but wasn’t paid for. So it’s not on the level.” The reality is that the Iraq and Afghanistan wars under President Bush were regularly funded by Congress, claiming tax cuts must be “paid for” is a hoary piece of Democratic class-warfare demagoguery, and the prescription drug plan Ryan supported cost half as much as the Democratic alternative then on the table. Such fact-free commentary is to be expected from blind partisans, but not the president of the United States.

We need a lot more demagoguery, put on top of rhetoric that starts a real class war, because working people are getting screwed by both political parties, neither of whom represent the working class anymore. It’s long overdue that politicians start a rhetorical war against the “Of the 1%, by the 1%, for the 1%,” to quote Stiglitz, because the super rich are doing just fine, as are the corporations like GE and others who don’t pay taxes in a country where a little corporate patriotism is due.

The other hilarious point about the Examiners Obama’s a Meanie editorial is that these nitwits seem not to recognize another campaign speech when they see it. I’m sorry to bring up Barack Obama’s record, because I know how the media at large gets annoyed when someone reminds people, but Obama is one of the toughest, hard boiled and ruthless campaigners around. There is nothing he won’t do or say in pursuit of the presidency.

Where were these people during the primaries of 2008?

But pretending like Republicans and the Right aren’t scurrilous election mode vipers is really too much. People laugh at the birther issue, but there really isn’t anything more dangerous or reprehensible than trying to delegitimize a sitting president. This is a regular pattern with Republicans, because they tried to do the same thing with William Jefferson Clinton. The difference being that Clinton came in after Reagan, with Republicans and much of the Washington elite incensed about the Hicks from the Sticks usurping the conservative king’s domain, while Barack Obama came in with the people at his feet, the press on his side and the world waiting for Mr. Hope to deliver “fundamental change.”

Besides, as we’ve learned in Pres. Obama’s first term, it’s not like he’s going to deliver on anything he says as Candidate Obama.

So Republicans, relax, be happy. There’s never been an election where you didn’t give as good as you got. I’m sure 2012 won’t be any different.

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