Catch-44

It’s the best catch there is: “Supreme Court Called ObamaCare Mandate A Tax; GOP Should Make Democrats Own It,” Randy Barnett writes in USA Today:

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Remember, in 2009, the president emphatically denied to George Stephanopoulos that the Affordable Care Act imposed a tax increase. Yet, after the Supreme Court decision, going into the 2012 election, the White House again seemed to deny that the mandate was a tax, notwithstanding the administration’s argument to the Court.

Now, as the price for delaying the implementation of the court-created tax penalty, Republicans should demand truth in labeling. The Democrats in Congress must now admit they have imposed a tax on young and healthy Americans to get them to take the bad deal that is Obamacare. And any suspension of this tax must be scored by the Congressional Budget Office so the public knows the size of the tax increase that will be imposed on the American people when the delay ends and the tax kicks in. No longer will congressional supporters of the ACA be able to evade political responsibility.

On the other hand, if the Democrats insist that the penalty is not a tax, then they will be admitting that it is unconstitutional under the Supreme Court’s decision. If Congress contradicts what the administration told the Supreme Court, a new challenge can be brought under the precedent of NFIB v. Sebelius. The president, and those who supported this law, should now be forced to bear the political consequences of their legislative and litigation legerdemain. If Obamacare can only legally live by the tax, then its supporters in Congress must politically die by the tax.

That may already be occurring. Ace asks, “James Carville-Stanley Greenberg Poll Finds Bad News for Democratic Incumbents?”

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This news, out of CNN, astonishingly enough, won’t help them. “Senate Democrats supported rule that led to insurance cancellations:”

Senate Democrats voted unanimously three years ago to support the Obamacare rule that is largely responsible for some of the health insurance cancellation letters that are going out.

In September 2010, Senate Republicans brought a resolution to the floor to block implementation of the grandfather rule, warning that it would result in canceled policies and violate President Barack Obama’s promise that people could keep their insurance if they liked it. . . . On a party line vote, Democrats killed the resolution, which could come back to haunt vulnerable Democrats up for re-election this year.

Senate Democrats like Mary Landrieu, Jeanne Shaheen, Mark Pryor, Kay Hagan and Mark Begich – all of whom voted against stopping the rule from going into effect and have since supported delaying parts of Obamacare.

Also in September of 2010, Iowa Republican Senator Chuck Grassley accurately predicted, on the Senate Floor, that mass insurance cancellations would occur as a result of ObamaCare:

Senate Democrats voted unanimously three years ago to support the Obamacare rule that is largely responsible for some of the health insurance cancellation letters that are going out.

In September 2010, Senate Republicans brought a resolution to the floor to block implementation of the grandfather rule, warning that it would result in canceled policies and violate President Barack Obama’s promise that people could keep their insurance if they liked it.

“The District of Columbia is an island surrounded by reality. Only in the District of Columbia could you get away with telling the people if you like what you have you can keep it, and then pass regulations six months later that do just the opposite and figure that people are going to ignore it. But common sense is eventually going to prevail in this town and common sense is going to have to prevail on this piece of legislation as well,” Iowa Sen. Chuck Grassley said at the time.

“The administration’s own regulations prove this is not the case. Under the grandfathering regulation, according to the White House’s own economic impact analysis, as many as 69 percent of businesses will lose their grandfathered status by 2013 and be forced to buy government-approved plans,” the Iowa Republican said.

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As Moe Lane adds, “Note, by the way, that we told the Democrats that this would happen.  We told them.  It’s a matter of public record.”

Jim Treacher has a sneak preview of a 2014 campaign ad that Democrats are currently focus-testing for use in vulnerable campaigns:

[jwplayer config=”pjmedia_eddriscoll” mediaid=”68344″]

I don’t the “We’re on a mission from God” excuse will fly next year, however.

(Via Instapundit.)

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