My friend Peter Friedman-Doan, a researcher in Ann Arbor, MI, passed along an interesting post by Mark Tushnet, that explores what happens if the Senate deal that gives Nebraska special exemptions from the pending Healthcare bill is unconstitutional.
Would Congress have enacted the statute if “it” knew that the provision was unconstitutional? Would it have even passed without the unconsitutional deal? Questions relating to severability remain as hilarious Congressional hijinks ensue.
Peter, an Obama supporter in ‘08 now opines that:
This guy suspects it is constitutional. It certainly doesn’t look fair even if it is legal. I mean really, Michigan is probably in worse shape than Nebraska–let’s let us not pay the Medicare increases.
It seems like Obama has said, “I’ll take something, anything, that I’ll get to call health care reform because Gitmo is still open, we’re still in Iraq and I’ve ramped up Afghanistan. Give me something . . . ”
I’m beginning to conclude that what we’re seeing out of Obama is a combination of lack of experience (could you imagine LBJ putting up with the leadership on the Hill that Obama puts up with–now party power has declined, so Obama doesn’t have as many levers to pull as ol’ LBJ, but jeesh) and a lack of principles (could you imagine Reagan letting his big signature election plank–tax cuts–getting into the pile of goo that Obama has down with one of his signature election planks–health care?).
Michigan’s attorney general is joining with some other states’ AGs to raise legal hell.
See also “The Nebraska Compromise and the Constitution”
See also “White House to State AGs: No ‘Legitimate Constitutional Concerns’ in Senate Health Care Bill”