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Obama and Romney: In or Out of the ‘Penalty’ Box?

The semantics of the ObamaCare ruling and Justice Roberts' "tax" decision on the mandate produce pratfalls for each campaign.

by
Bridget Johnson

Bio

July 5, 2012 - 2:37 pm
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White House press secretary Jay Carney mentioned Romney’s healthcare mandate in meetings with the press corps today and Friday, and Obama’s new campaign spokeswoman debuted with Carney at the press gaggle en route to Ohio today with the same message.

“For years, Mitt Romney has been defending not only his bill that he pushed forward in Massachusetts but also this as a penalty that was essential to taking into account the people who weren’t paying for health insurance who could afford it. The president agreed with him,” said press secretary Jen Psaki, adding “it’s clear that he is being impacted by the push from the right, the Rush Limbaughs of the world, congressional Republicans, who are pushing him to go back on a decision and a defense that he’s had in place for years.”

Some conservatives are wishing that Romney would give the White House a bit less ammunition and do a mea culpa on RomneyCare.

Rep. Allen West (R-Fla.), who had previously slammed the candidate for not calling the mandate a tax, said yesterday that the presidential candidate “needs to talk about the fact that what he tried to do in the state of Massachusetts was him seeing what could be best for his state, but maybe it didn’t work out as well.”

“And he should feel very bad that the president thought that he could take that as a model and try to implement that for the entire United States of America,” West added.

“The president is going to continue to try to say that this was the paradigm that I used to implement the Patient Protection and Affordable Care Act. And I think that the governor needs to come back and reassess, really, what was his decision-making criteria for implementing his healthcare in Massachusetts.”

Asked on MSNBC Tuesday about Romney’s tax vs. penalty juggling, Rep. Mick Mulvaney (R-S.C.) stressed that he doesn’t agree with Romney on mandates and needled at his weak spot.

“I happen to think it was a tax. I don’t really have a comment on Massachusetts healthcare because I’m not going to defend it,” Mulvaney said. “I live in South Carolina. I don’t get a chance to vote on it. I do get a chance to vote in the federal healthcare program and I will be voting to repeal it again.”

The Wall Street Journal blasted Romney’s campaign in an editorial today, saying that the candidate is managing to turn “the only possible silver lining” in Roberts’ ruling — the “tax” language — “into a second political defeat.”

Still other Romney supporters say “enough already” on the mandate semantics and want the focus back on the candidate’s economic goals for the country.

“Done – @MittRomney believes Obama Care is a tax,” Donald Trump tweeted this afternoon. “Enough with the pundit hysteria.”

“I’m on the same page with the campaign,” Republican National Committee Chairman Reince Priebus said on CNN Tuesday. “The Supreme Court has spoken and they’ve said that it’s a tax. We want to repeal the ObamaCare tax. We want to save middle class families from European healthcare. And that’s what we’re going to do as a party and that’s what Mitt Romney will do on day one.”

Romney has vowed to slam executive orders against ObamaCare his first day in office, but it will take a GOP House and Senate to repeal the law.

And the labeling is everything here: If it’s a tax, reconciliation can be applied to repeal the mandate with a simple majority. If it’s a penalty, repeal needs 60 votes in the Senate to break a filibuster. Hence, Democrats are pushing the “penalty” wording with all their might.

The law in and of itself has proven to a make-or-break issue at the polls, with anger stemming from town hall meetings about the healthcare overhaul fueling the Tea Party discontent that led to the 2010 midterm rout.

Gallup polling released today shows that 46 percent believe ObamaCare will hurt the national economy while just 37 percent believe it will help. That includes 20 percent of Democrats and 47 percent of independents who think the healthcare law is economically damaging.

Tomorrow’s jobs numbers will likely flip the campaign focus back where Romney’s team wants it: the economy. But “penalty” and “tax” will linger in the air long past November and promise to be a focal point in the presidential debates — key to the prospects of an ObamaCare repeal and to candidates’ prospects at the ballot box.

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Bridget Johnson is a career journalist whose news articles and opinion columns have run in dozens of news outlets across the globe. Bridget first came to Washington to be online editor at The Hill, where she wrote The World from The Hill column on foreign policy. Previously she was an opinion writer and editorial board member at the Rocky Mountain News and nation/world news columnist at the Los Angeles Daily News. She has contributed to USA Today, The Wall Street Journal, National Review Online, Politico and more, and has myriad television and radio credits as a commentator. Bridget is Washington Editor for PJ Media.
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