LOS ANGELES, June 26, 2015 — The United States Supreme Court delivering a victory for the Obama administration was unsurprising. Chief Justice John Roberts has gone out of his way to avoid overturning the Affordable Care Act.
Determined to inoculate the SCOTUS from charges of being political, Judge Roberts delivered a political opinion rather than a legal one. While Democrats hailed the ruling, they may have won a pyrrhic victory.
President Obama immediately did what he does, which is declare an end to all discussion. The myth of Obamacare as settled law is exactly that. No law is ever settled. No law can survive when it goes against the will of the people.
Even laws favored by the people can face challenges from a determined hostile minority that refuses to give up. Obamacare? No.
Wisconsin Democrats are still trying to overturn Governor Scott Walker’s collective bargaining law. Walker won three elections in four years including a recall. Attempts to vote the judges out of office failed. Democrats have not given up. Gay marriage bans swept the nation in 2004. The issue played a major role in helping reelect President George W. Bush. The left did not accept the issue as settled.
42 years after Roe vs. Wade was decided, new laws to limit and expand abortion rights are passed in different states. Neither side ever considers the issue settled. The craziest fringe left still stay awake at night hoping to find pregnant chads that will make Al Gore President and send Bush to prison.
While Democrats won a clear legal victory in the latest Supreme Court ruling, it has already come at a steep political price. The last time Democrats cheered this loudly was in the Spring of 1994. They finally passed the Brady gun control bill. They strutted like peacocks that the National Rifle Association no longer mattered. Several months later, they suffered the worst midterm election losses up to that time.
After 40 years, Democrats lost both houses of Congress. President Bill Clinton immediately abandoned liberalism and spent the last six years of his presidency on the defensive.
In the 2000 election, Bush was against gun control and Gore favored it. While liberals still obsess over Florida, Gore lost his home state of Tennessee, Clinton’s home state of Arkansas, and the formerly reliable Democrat stronghold of West Virginia.
The 1993 gun control law was a major reason why.
Bush made a 2000 campaign promise to let the Brady law expire. Democrats insisted that Bush was bluffing, that he would never repeal gun control only months before the 2004 election. He literally stuck to his guns and defeated John Kerry. Bush received nearly ten million more votes in 2004 than in 2000.
It took an entire decade, but the law Democrats insisted was settled disappeared without a whimper. To this day Democrats still refuse to push gun control.
Democrats wanted Obamacare to be the continuation of the Social Security and Medicare legacy, but those programs had widespread popular support. Not one poll in six years showed it to have a majority of voters. The ACA was rammed through on a straight party line vote in March of 2010 using unprecedented maneuvers.
While President Obama won reelection, Democrats lost everywhere else. The midterm shellackings that cost them the House in 2010 and the Senate in 2014 were directly due to voter dissatisfaction with Obamacare. More importantly, Democrats lost a bunch of state legislatures, giving Republicans control of redistricting congressional districts.
Obamacare will be an issue in 2016.
A Republican president could immediately by executive order give all 50 states a waiver from Obamacare. While the law would technically still be on the books, it would be effectively gutted. Democrats keep insisting that the longer the law stays on the books, the more popular it will become. So far the opposite has been true.
Democrats suffered several landslide election drubbings in the 1970s and 1980s because they were seen as the party that was pro-welfare, pro-criminal, and pro-taxes. Bill Clinton dragged Democrats kicking and screaming into normalcy, but then he picked a gun control fight.
Then came more electoral humiliations for liberals.
Enough time has passed. Democrats are feeling their oats again. They are convinced once again that their cause is noble and righteous. They are good and their opponents are evil.
If pride truly does goeth before a fall, Democrats may once again find themselves ready to cater even further than they did in 2014. The American people dislike arrogance, and right now the Democrats are behaving every bit as arrogantly as they did in the Spring of 1994.
The Affordable Care Act is anything but settled. If it was, Democrats would not be so desperate to end the discussion.
Meanwhile, President Obama will be out of office in 18 months, completely stripped of his political power. The only question is how many Democrats he will drag down with him.