The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

A Member of the Law Professor Blogs Network

Thursday, October 10, 2013

Major Garret on Morning Commute

http://rightcoast.typepad.com/rightcoast/2013/10/major-garret-on-morning-commute.html

| Permalink

Comments

Not very self aware regarding the ACA. He goes through this litany of legislative practices that provide legitimacy to a law and doesn't even seem to realize that the ACA didn't go through that process.

Posted by: Phil K | Oct 11, 2013 5:12:17 AM

Thank you Ted Baxter for the scintillating recitation of conventional beltway BS.

A recent study showed the ACA is the most divisive legislation of the last 70 years. The fact is this legislation never had popular majority support in the country. It was rammed through on a series of dubious legislative tactics that certainly did not help it gain popular support. And as he notes, many of the people who voted for it were thrown from office. So they can stop just hoping and expecting that people will ever view its passage as legitimate. We won't.

A better analogy is the 1972 Olympic basketball Finals where many feel the refs conspired to steal a gold medal from the USA. The USA players were so aggrieved that one said "it looked like the refs were going to let the Soviets keep trying until they got it right" and another saying "If we had gotten beat, I would be proud to display my silver medal today," Bantom said. "But, we didn't get beat, we got cheated."

The Americans declined their Silver Medals and 40 years later they sit in a Swiss vault. The controversy inflamed Cold War animosity and contributed to the 1980 Olympic boycott. I maintain if the 1984 Olympics had not been in LA and had not been an out-of-the-park success a weakened IOC might have broken apart.

https://en.wikipedia.org/wiki/Basketball_at_the_1972_Summer_Olympics

http://espn.go.com/classic/s/Classic_1972_usa_ussr_gold_medal_hoop.html#

This dispute captures the bad blood of one side that feels the cheaters won and will never ever be at rest with the tainted result. Personally, Obama's tactics got me and many others involved and we shitcanned our Congresswoman so fast she didn't know what hit her.

This is why it is not smart to do it the way Obama did. He could have thrown in a few compromises and gained some bipartisan support, but he reminded us "I won". So you have an extremely divisive bill remaking 1/6 of the economy passed on a straight party vote. And Obama owners why people don't accept his tactics or the bill? Now the political process will be tested as the IOC was for its failure to properly officiate the Game.

So forget analyzing this as "legislative product" in conventional terms by conventional minds doing conventional work in conventional ways. You need to view this in terms of Cold War and right and wrong and how cheaters and injustice never ultimately prevail, even after 40 years.

America's buy-in for Obamacare will sit in a vault for 40 years before people give it the legitimacy that Garret claims it already has. Obama won. He cheated. He rammed it down our throats. If that is "legislative product" to you then you don't have the proper historical perspective nor understanding.

Posted by: Will | Oct 13, 2013 4:36:58 PM