First Thoughts: The Main Event

Brendan Smialowski / AFP - Getty Images

People line up to after receiving tickets to view arguments at the US Supreme Court March 27, 2012 in Washington, DC. The Supreme Court dives into the heart of President Barack Obama's signature health care reform law Tuesday, taking up its most divisive requirement -- that Americans maintain insurance or be fined.

The Main Event: Today’s oral arguments at the Supreme Court, beginning at 10:00 am ET, tackle the constitutionality of the individual mandate… And there’s plenty of irony (and even hypocrisy) on this issue… Obama’s Flex A Sketch comment and the truth it reveals in politics: It’s easier to get things done in a non-election year… Lesson to Romney: If you’re going to seize on a gaffe, don’t commit one yourself… And don’t go too far… If a now-irrelevant candidate falls in the forest and no one hears it… And Team Romney holds a nearly 10-to-1 advertising advantage over Santorum in Wisconsin.

Georgetown University Prof. Neal Katyal and Carrie Severino of the Judicial Crisis Network discuss day two of the Supreme Court health care hearings and explain why it must be decided if the individual mandate is constitutional under the Commerce Clause. Katyal says calling the individual mandate unconstitutional is "fairly dramatic."

*** The Main Event: Yesterday’s oral arguments were simply the opening act in the Supreme Court’s consideration of President Obama’s signature health-care law. But today’s discussion -- over whether or not the individual mandate to purchase health insurance is constitutional -- is the main event. And there’s plenty of irony (and even hypocrisy) on this issue. After all, it was then-candidate Barack Obama who railed against the individual mandate, which was supported by Hillary Clinton. What’s more, the individual mandate was once a conservative-leaning idea (championed by the Heritage Foundation, Newt Gingrich and, yes, Mitt Romney). The final bit of irony: Only a small percentage of the public would even be subject to the individual mandate, if it’s found to be constitutional. A new Urban Institute study finds, per Huffington Post, that 98% of Americans “would either be exempt from the mandate -- because of employer coverage, public health insurance or low income -- or given subsidies to comply.” So there you have it, folks: The central issue before the Supreme Court was once opposed by Obama, supported by conservatives and Republicans, and won’t even affect most Americans.

Poll: How do you interpret the Consitution?

*** Flex A Sketch: The White House was nervous enough about the (over?) reaction to the hot-mic conversation to take a question from the press to try and correct the record a tad. “I don’t think it’s any surprise that you can’t start [missile-defense negotiations] a few months before a presidential and congressional election,” he said. Indeed, just like the Etch A Sketch comment revealed a fairly non-controversial truth about politics (presidential candidates always try to move back to the center in a general election), President Obama’s hot-mic moment yesterday contained an iron-clad fact (a non-election year and a second term give you more flexibility to get things done). Now while every president believes a second term gives them more flexibility, recent history -- whether it was Nixon, Reagan, Clinton, or Bush -- teaches us that second terms aren’t all that easy. One other thing about Obama’s hot-mic comment to Russian President Dmitri Medvedev (“On all these issues, but particularly missile defense, this can be solved, but it’s important for him to give me space… This is my last election. After my election I have more flexibility”): Wasn’t it simply a delay tactic with the Russians? Translation: “Hey guys, I hear you on this issue, but just give me some time and I’ll get back with you.” How many of you readers out there have used some near-term event as a delay tactic to put off a deadline or a conversation?

The Daily Rundown's Chuck Todd talks about day two of the Supreme Court hearings which will decide whether Congress has the power to require almost all Americans to buy health insurance or pay a penalty.

*** If you’re going to seize on a gaffe, don’t commit one yourself… : President Obama’s “hot mic” remark yesterday received plenty of attention, but it was Mitt Romney’s response to it that might have been just as problematic -- if not more so. First, he accidentally said that Iran “must have a nuclear weapon.” Romney said in California, per NBC’s Garrett Haake: "There's no time for our president to be pulling his punches with the American people and not telling us what he's intending to do with regards to our missile defense system -- with regards to our military might and with regards to our commitment to Israel; and with regards to our absolute conviction that Iran must have a nuclear weapon." OK, he obviously meant that Iran must NOT have a nuclear weapon. But then, later on CNN, Romney called Russia “our No. 1 geopolitical foe.” And that time-warp statement, which was true 25 to 30 years ago but is no longer the case, allowed Democrats to punch back. The DNC released this statement from former Ambassador and Congressman Tim Roemer (D): “Today, Gov. Romney said that Russia is without question our nation’s number one geopolitical foe.  Does Mitt Romney really believe that Russia … is a bigger threat to the U.S. today than a nuclear-armed Iran or al-Qaeda?”

*** … and don’t go too far:  Also, just like during Etch A Sketch (where we saw both Rick Santorum and Newt Gingrich going over the top and acting desperate in the process), Romney appeared to take Obama’s hot-mic remark a bit too far. Instead of having fun with it, he made the hot-mic comment seem like a nefarious and sinister plot. It’s yet another reminder that Romney isn’t the world’s most nimble political candidate. The hot-mic remark was a fastball down the middle -- to demonstrate some pop in his bat -- and Romney hit a grounder to third. For what it's worth, the Romney press shop seems to be seizing the opportunity better than the candidate himself. By the way, Medvedev took this shot at Romney: "I would recommend all U.S. presidential candidates ... to do two things. First, when phrasing their position, one needs to use one's head, one's good reason, which would not do harm to a presidential candidate. Also, (one needs to) look at his watch: we are in 2012 and not the mid-1970s."

*** If a now-irrelevant candidate falls in the forest and no one hears it… : In today’s New York Times, columnist Frank Bruni mentions that it’s time for a particular presidential candidate to get out of the race. This candidate, Bruni writes, failed to pick up a single delegate in Illinois and Louisiana. And this candidate, Bruni adds, is fueled only by over-the-top rhetoric and a “ludicrous guarantee of $2.50-a-gallon gasoline.” Who is this candidate? Well, the answer is pretty obvious. And it raises an interesting question: If this candidate falls in the forest and no one is bothering to listen, did it really happen?

*** Team Romney’s 10-to-1 advertising edge in Wisconsin: Wisconsin’s primary is exactly a week from today, and Team Romney (campaign and Super PAC) have nearly a 10-to-1 advertising advantage over Santorum in the state, $3.1 million to $340,000, according to data from Smart Media Group. In Michigan, the ratio was about 2-to-1; in Illinois, it was nearly 7-to-1; and now it’s almost 10-to-1 in Wisconsin.

*** On the trail, per NBC’s Adam Perez: Romney remains in California, appearing  on the Tonight Show with Jay Leno and fundraising in Stockton, Irvine, and Los Angeles… Gingrich attends an event in Annapolis, MD… And Santorum campaigns in Wisconsin, making stops in Beaver Dam, Racine, and Janesville.

Countdown to DC, Maryland, Wisconsin primaries: 7 days
Countdown to Election Day: 224 days

Click here to sign up for First Read emails.
Text FIRST to 622639, to sign up for First Read alerts to your mobile phone.
Check us out on Facebook and also on Twitter. Follow us @chucktodd, @mmurraypolitics, @DomenicoNBC, @brookebrower

Discuss this post

Jump to discussion page: 1 2

I'd suggest a 3 layer health care system - for adults

First layer) Just make 'em confortable - no major medical other than killing the pain for those that choose not to purchase healthcare.

Second layer) Those that purchase standard care have what their insurance company of choice provides.

Third Layer) Spend on healthcare until you have nothing left. If you have the coverage, no expense would be spared for your time of need. Sort of like the elite elected officials have now.

  • 1 vote
Reply#27 - Tue Mar 27, 2012 3:30 PM EDT

The single most scary thing about the health mandate is the next step. You'll be required to purchase life insurance so no one has to pay for your funeral, next up would be a requirement to purchase stock\bonds to fund your retirement. It won't end with the mandate.

    Reply#28 - Tue Mar 27, 2012 3:40 PM EDT

    new- Seriously? Turn off the faux noise. My husband and I have insurance, premium's going up, coverage down.

    But we watched our neighbors both in late 50's, go through savings,401k etc because of a medical emergency, after a change of job's after a lay off. Over 500K in debt had to file bankruptcy, now at 59 and 61 trying to rebuild credit, still don't have insurance, can't even afford medications, have to pay out of pocket for every Dr's visit.

      Reply#29 - Tue Mar 27, 2012 3:52 PM EDT

      The mandate will be thrown out as unconstitutional so I would not worry about this whole healthcare issue without the mandate to purchase it will disolve quickly because given choices only an idiot would want this boondoggle Next yr when the GOP sweeps into power they will undo all of this Obama nonsense and start with free market reforms to remedy this situation so people will have many choices and be able to purchase it cheaper across state lines as well as Tax credits and other good ideas MARKET DRIVEN thats what works people.

        Reply#30 - Tue Mar 27, 2012 4:14 PM EDT

        yeah, i'm not holding my breath for the miracle of GOP health care reform. it worked so well when bush was president for 8 years and had control of congress for most of that time. Suddenly they have all the amazing wonderful answers? lol.

        which isn't to defend obamacare, but this notion that the GOP has anything to offer other than their usual "let the market work" is silly. I support "the market", but health care is a complex issue, and simplistic answers are unlikely to fix it..well, unless you don't care if poor people die.

          #30.1 - Tue Mar 27, 2012 5:25 PM EDT

          vermontguy: you hit on the Paul Ryan, Grover Norquist, Republican Party solution: " you don't care if poor people die. "

          Afterall, wasn't it the GOP nominee front runner who said "I don't care for very poor people."

            #30.2 - Tue Mar 27, 2012 5:53 PM EDT
            Reply

            Throw that Friggen Mandate out! Reoverhaul the dam thing.But don't demand that people buy it!

            The more you tell me you have to the more I'll tell you I WON'T.especially something as Stupid as this!

            I hope these Supreme Court Judges use their BRAINS and thrown that dam thing( MANDATE OUT!)

              Reply#31 - Tue Mar 27, 2012 4:58 PM EDT

              I have a question for White Collar. Who did Jon Corzine kill? Why didn't Richard Fuld get charged? Oh, yeah, that's two questions, but he did take Lehmann Brothers to bankruptcy while collecting $400M. No one on the Right seems outraged about that, for some reason. By the way, does the color stop at the collar or is it all over? Yeah, another question...

                Reply#32 - Tue Mar 27, 2012 5:06 PM EDT

                Eye wittness testimony is unreliable at best, so NO I do not automatically assume those wittnesses were telling the truth or that they saw what they thought they saw. Zimmerman had no business following the kid in the first place if a strange man is following me you better bet I'm going to punch him in his face. Zimmerman was in the wrong he had no business even calling the police to report a kid walking down the street. Zimmerman says he was attacked from behind but why should we believe him

                  Reply#33 - Tue Mar 27, 2012 5:53 PM EDT

                  Tiffany

                  Maybe we should believe him because the eye witness and the Police investigation seem to agree with his statements.

                    #33.1 - Tue Mar 27, 2012 7:53 PM EDT
                    Reply

                    I tell you it's one of the oldest strategies used in war. Using an opponent' aggression so that the opponent fights against him/herself. Caesar did it; it's used in asian self-defense arts. Because mr grover, gop, & rushbo are really fighting against their old selves before 911.

                      Reply#34 - Tue Mar 27, 2012 6:20 PM EDT

                      republican conservative tea mongerers can't even agree that a huge , unjustifiable killing has taken place again in our country. keck said race relations are worst in 50 years, that's why that murderer shot that kid. 50 years ago , a black person had to move off the sidewalk when a white person was passing. 50 years ago , blacks weren't allowed to eat at same restaurants with whites. 50 years ago , blacks could not be in certain parts of town , at certain times of night. 50 years ago , black kids couldn't attend schools with white kids. SO , IT'S APPARENT , '' THIS IS THE LIFE, REPUBLICAN CONSERVATIVE, WHITE TEA DRINKERS CALLED , '' THE BEST RACE RELATIONS ''. THESE GENUIS MUST ALSO THINK THERE ARE RAILROAD TRACKS IN HEAVEN. CAN YOU IMAGINE HOW MANY ARE PAYING THE PRICE FOR THAT SERIOUS MISCALCULATION ????? !!!!!!!!!!!!!!!

                        Reply#35 - Tue Mar 27, 2012 8:32 PM EDT

                        This issue go to a larger issue.The issue is how to fund a government and address costs which are set by global investors.Instead of trying to go back to past economic models by cuts and or raising taxes,Congress should impliment forward looking solutions.Congress should put medicare ,social security,military,roads and the like in money making accounts.Before the global expansion,Treasury would do this through interest rates.This bypasses the FED who believe higher interest rates are bad for the economy.Although this does not address the fudamentals on governmental spending,it utilizes todays financial enviroment.This would return America to operating on a revenue based budget instead of a credit line.Sounds easy,but the global investment community prefers this high return on credit and it's ability to control America by economic pressure and has Congress on the payroll.

                          Reply#36 - Wed Mar 28, 2012 6:47 AM EDT

                          Our cake and eat it too institutional class is bitching about having to pay an extra thousand a month for medical insurance. Why, because the person at the homeless shelter, the illegal immigrant, and the people who worked for small business their entire adult life, don't have,or can't afford health insurance. There's something wrong with this Supreme Court Medical big picture.

                            Reply#37 - Wed Mar 28, 2012 8:56 AM EDT

                            BTW, the "overwhelming majority" of the people do not want AHC thrown out. Maybe if you just consider a FOX NEWS survey.

                            There are plenty of other credible surveys out there that sing a very different tune. Surveys can be designed to give you any results you want, period.

                              Reply#38 - Wed Mar 28, 2012 8:56 AM EDT

                              SOUNDS FAMILIAR?

                              Social Security:
                              Social Security was controversial when originally proposed, with one point of opposition being that it would allegedly cause a loss of jobs.

                              Opponents also decried the proposal as socialism. In a Senate Finance Committee hearing, one Senator asked Secretary of Labor Frances Perkins, "Isn't this socialism?"

                              Medicare: Claims of socialism

                              In 1961 some conservatives opposed the enactment of Medicare, warning that a government-run program would lead to socialism in America:

                              Ronald Reagan, as part of Operation Coffee Cup in 1961, stated that: “If you don’t [stop Medicare and I don’t do it, one of these days you and I are going to spend our sunset years telling our children and our children’s children what it once was like in America when men were free.”

                              Obamacare:
                              Members of the American Society for the Defense of Tradition, Family and Property protest near the Ohio Statehouse, calling for a repeal of federal health care mandates implemented under President Barack Obama. Their signs call for an end to ‘Socialist Obamacare’

                                Reply#39 - Wed Mar 28, 2012 9:02 AM EDT

                                This is ONLY the SECOND MAIN EVENT! Let's talk about the FIRST MAIN EVENT, the UNCONSTITUTIONALITY OF OIL!! We, the 99% American People, have to feed our families AND THEY CAN'T EAT OIL!!!

                                  Reply#40 - Wed Mar 28, 2012 9:29 AM EDT

                                  Every young healthy person should read the transcript. They are the ones who will pay for the uninsured. Several Justices, Roberts, Scalia, Alito, and Kennedy voiced concern about the fairness of forcing young people to purchase coverage that exceeded their need to finance people who either decide not to buy insurance or are sick and cannot get it.

                                  The Progressive judges were OK with sticking the expense on the young and healthy. Obama appointee and former White House Solicitor General Elena Kagan said, "in this context, the subsidizers eventually become the subsidized."

                                  Only Junk Journalism allows people to be so fooled.

                                    Reply#41 - Wed Mar 28, 2012 2:51 PM EDT

                                    The Republican establishment is already on life support especially with the clowns running for the nomination and for attacking women with their “woman hating” agendas.

                                    If Obama care is struck down, millions of citizens will lose their healthcare, kids 26 years old and under will no longer be able to get coverage from their parent’s plan, millions of children will be denied coverage because they are already sick with some of them dying.

                                    The Republican establishment will not survive this. They will be blamed and the retribution will be swift.

                                    And the Supreme Court would have made strike 3 and will be known as the most political and an inept in history.

                                      Reply#42 - Wed Mar 28, 2012 3:35 PM EDT
                                      Jump to discussion page: 1 2
                                      You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
                                      As a new user, you may notice a few temporary content restrictions. Click here for more info.