Saturday, June 19, 2021

On Politics: Republicans wave the white flag on health care (for now)

Both parties face tough questions as the country's debate over health policy enters a new phase.
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By Lisa Lerer

National Political Correspondent

Hi. Welcome to On Politics, your wrap-up of the week in national politics. I'm Lisa Lerer, your host.

Anti-Obamacare buttons at the Conservative Political Action Conference in 2017.Gabriella Demczuk for The New York Times

In 2012, after the first installment of what Justice Samuel Alito called the Supreme Court's "epic Affordable Care Act trilogy," congressional Republicans vowed to use every ounce of their legislative muscle to repeal the law on their own.

"Obamacare was bad policy yesterday; it's bad policy today," said Mitt Romney, then the presumptive Republican presidential nominee. "Obamacare was bad law yesterday; it's bad law today."

Three years later, after a second ruling in which the court declined to gut the law, Republican candidates were noisily outraged and quietly relieved. They could keep the law as a rhetorical device to stoke support but escape any political backlash from millions losing health insurance.

"Every G.O.P. candidate for the Republican nomination should know that this decision makes the 2016 election a referendum on the full repeal of Obamacare," said Senator Ted Cruz of Texas, one of more than a dozen Republicans running for president at the time.

And this week, after the court ruled with its largest margin yet to uphold the law, Republicans met the decision with an entirely different message: Get over it.

"I think three times the Supreme Court's upheld the Affordable Care Act, and I think we need to move on," said Senator John Cornyn, whose home state, Texas, led the lawsuit.

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For six election cycles, Republicans and Democrats have wielded the health care law as a political cudgel, battering their opponents over an issue that consistently topped the list of concerns for American voters. But now, after more than 70 efforts to repeal or modify the law in Congress, three Supreme Court rulings and nearly a dozen years, Republicans may have finally run out of firepower.

The closest Republicans came to dismantling major parts of the law came in 2017, when legislation passed the House but crashed in the Senate after Senator John McCain flashed a famous thumb-down during the vote on the floor.

That failure to overturn the law after Republicans had gained control of Washington altered the political dynamics of the issue, reflecting growing support for a health care system that had become deeply embedded in American life.

Republicans lost the 2018 midterm elections after Democrats flipped their strategy from deflecting attacks on the law to defending its most popular provisions. A year later, supporting an expansion of Medicaid, a signature piece of the law, helped Democrats win governors' races in deep-red Louisiana and Kentucky.

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"Hopefully, this will be the end of the line," said Brad Woodhouse, the executive director of the liberal group Protect Our Care and one of many Democrats who took a victory lap after the Supreme Court's ruling on Thursday. "If Republicans continue to do this, they are likely to continue to lose elections on this issue."

The changed politics reflect a policy that has become part of the American social fabric. As of this month, a record 31 million people receive insurance through its plans. And nearly every American is touched by programs mandating things like calorie counts on menus, expanded services for disabled people, free breast pumps for nursing mothers and a host of other benefits.

Last year, the law became more popular than ever, with 55 percent of people expressing a positive view of it — the highest rating since the Kaiser Family Foundation began tracking opinions of the act in 2010. More than 70 percent of Americans and 67 percent of Republicans believe it is important that popular provisions protecting Americans with pre-existing conditions remain in place.

This kind of deep rooting in American life is exactly the outcome many Republicans feared after the law was passed. Ever since President Franklin D. Roosevelt's New Deal during the Great Depression, lawmakers have rarely shown the ability or the will to pare back major entitlements — the term for government assistance programs that are open to all who qualify and are not subject to annual budget constraints. After periods of bitter political controversy, Social Security, Medicare and Medicaid all became widely accepted — and popular with voters.

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Although the court, in its latest ruling, rejected the plaintiffs' claims based on legal standing, not substance, some scholars believe that the conservative majority on the Supreme Court was sending a message about future constitutional challenges to the law.

"You have to look at that increased support and say that the court is making clear that the time for legal challenges to the Affordable Care Act is over," said Andrew Pincus, a partner at Mayer Brown and experienced Supreme Court litigator, pointing to the 7-to-2 ruling in the case.

For Republicans, there's reason to expect Obamacare to linger as a kind of zombie issue, used by conservative politicians to rally the base with little actual expectation of eliminating the law. And in the dozen states that have refused to expand Medicaid, fights over the law will certainly continue. But other issues, like culture-war battles over race and transgender rights, have already supplanted health care as the party's preferred red meat.

"I don't know what the next step is" on health care, Representative Nancy Mace, a Republican from South Carolina, said in an interview on MSNBC. "I hope it's not the end of the road."

Yet the political battle over the future of the law could become more contentious for Democrats, who disagree on how to tackle problems like large deductibles, high premiums and the holdouts on Medicaid expansion.

In 2020, questions of how to build on the law dominated the Democratic Party primary race, which ended poorly for liberal politicians. Senator Elizabeth Warren's campaign tanked after she was pressed on the details of her sweeping health care alternative. In a book released last month about her campaign, Warren largely attributed her defeat to her fumbling effort to explain how she would pay for her health care policies. Joe Biden, who argued for bolstering the health care law instead of scrapping private insurance, beat out Warren and several other more progressive rivals, including Senator Bernie Sanders.

Sanders, whose plan to nationalize American health care has long been a core part of his political message, welcomed the court's decision this week but said it was not enough. As the chairman of the Senate Budget Committee, he's pushing to lower the Medicare eligibility age from 65 to 60 and expand the range of health services the entitlement covers.

"We are the only major country, as you know, not to guarantee health care to all," he said on Capitol Hill this week. "There are millions of older workers who would like to get Medicare who today can't, which is why we've got to lower the age, and there are millions more walking around who cannot hear, can't afford eyeglasses and dental."

President Biden signaled little new interest in changing his position from the campaign.

"The Affordable Care Act remains the law of the land," he said in a White House statement, adding that it was time to "move forward and keep building on this landmark law."

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By the numbers: Five

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Thursday, June 17, 2021

On Politics: Is the U.S. in crisis? Republicans want voters to think so.

Looking ahead to the midterms, the G.O.P. is pushing a message that the country is in peril.
Representative Steve Scalise of Louisiana and other Republican leaders speaking Tuesday at a news conference, where they described a nation in crisis.Stefani Reynolds for The New York Times

The coronavirus pandemic is receding. The economy is gradually climbing back. And according to recent surveys, a wide majority of Americans is feeling optimistic about the future.

Just today, the Consumer Comfort Index, a polling measure of Americans' confidence in the economy, hit its highest level since before the pandemic.

But as our congressional correspondent Jonathan Weisman points out in a new article, House Republicans are pushing a much different interpretation of what's going on. During a news conference they held on Tuesday, the buzzword was "crisis": It was used about once every minute for nearly half an hour. Republican leaders are arguing that the economy, national security, the U.S.-Mexico border and more are all in peril.

Such arguments are often used by the party out of power. But with Republicans leaning so hard into the message, the question is whether it will resonate enough to throw a wrench in President Biden's efforts to advance his sweeping agenda — and if, over a year from now, it will have enough staying power to rile up the Republican Party's base in the midterm elections.

For his article, Jonathan spoke to a number of Republican elected officials, among others, about the G.O.P.'s new message. I caught up with him today to hear about what he'd learned.

Hi Jonathan. As you outline in your article, House Republicans have begun to push a narrative about the country being in "crisis." All kinds of crises, in fact. But polls seem to suggest that Americans' spirits are rising as the pandemic recedes. Why this message from the G.O.P., and why now?

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It's true that they don't seem to be capturing the nation's general postpandemic joy. But core Republican voters are apparently feeling unsettled by all this Bidenism — a huge pandemic relief bill; proposed social and infrastructure spending bills measuring in the trillions, not billions; about-faces on countless Trump policies.

Republicans in Washington want to push that discomfort into panic mode, in hopes that the agitation spreads beyond the base to generalized anger in next year's midterm season. Hence the mantra: crisis, crisis, crisis.

How much would you say that the catastrophe narrative is a product of today's polarized media landscape? Many of the arguments outlined in your piece sound like red meat for the Republican base — the kinds of folks who might click on a web ad bashing Biden, or donate to Representative Marjorie Taylor Greene — but it seems less certain that they would resonate with middle-of-the-road voters. Is that a concern for Republican leaders?

Oh, it is all about the polarized media landscape. Republican leaders will see their narrative echoed on Fox, One America News, Newsmax and Grandpa's Facebook feed, and declare victory. They might not even notice that it is not getting much traction elsewhere.

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But for them, that's OK. Historically, the party out of power in the White House scores big in midterm elections. That party's base voters are usually smarting over their defeat in the presidential election and have something to prove. Voters for the party in the White House feel secure that their guy will stop anything awful from happening, and they relax.

So turnout favors those out of power, and in this case, those out of power in Washington have enough leverage in key states — think Georgia, Texas and Florida — to redraw congressional districts in their favor. Republicans just need to keep their voters angry, agitated and ready to vote.

The most prominent recent example of "crisis" messaging came on the immigration front. Soon after Biden took office, Republican officials and conservative commentators began hammering him for what they branded the "border crisis." How effective have G.O.P. strategists found that message to be, and is it affecting their thinking going forward?

One politician's crisis is another politician's bad situation. The border is at the very least a bad situation, with apprehensions of people crossing illegally at levels unseen since Bill Clinton was president.

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The problem for Republicans is that the bad optics have faded, with the Biden administration's diligent efforts to get unaccompanied children out of Border Patrol jails and into less visible shelters run by the Department of Health and Human Services. And unless you're living near the border, you're not seeing the "crisis." So Republicans have moved on, throwing more visible spaghetti on the wall, like rising prices and labor shortages, to see what sticks.

Perhaps the biggest actual political crisis of the past year has been one of Donald Trump's making: His falsehoods led many of his supporters to lose faith in American democracy itself, with some even attacking the Capitol on Jan. 6. Today, G.O.P. legislators across the country are still re-litigating the election, passing voting restrictions and leading sometimes-chaotic recounts of the 2020 election results. Is there any concern among Republicans that sounding the "crisis" alarm could lead voters to think a little bit too hard about who is the real source of the problem?

Good question. But if there is concern about that, they aren't letting on. You could see much of the outrage machine's output as a multipronged diversion from the crisis of faith in democracy.

The other actual crisis is a once-in-a-century pandemic that has killed at least 600,000 people in the U.S. The effort to spin up outrage over the Wuhan lab-leak theory — to blame China entirely for all of those deaths — is clearly an effort to try to make Americans forgive Trump for his mishandling of the coronavirus by convincing them it was all a Chinese plot. For the most pro-Trump partisans, that's a slam dunk. For everyone else, it's probably a stretch.

Even if it is somehow proved that the coronavirus was invented in a Chinese laboratory, its spread in the United States was far more the fault of Trump than of Xi Jinping.

Biden signs a law making Juneteenth a federal holiday.

By Annie Karni and Luke Broadwater

President Biden today signed legislation to make Juneteenth a federal holiday, the day after the House voted overwhelmingly to enshrine June 19 as the national day to commemorate the end of slavery in the United States.

The Senate rushed the measure through with no debate this week after clearing away a longstanding Republican objection, and the House approved it on Wednesday by a vote of 415 to 14, with 14 Republicans opposed. Biden said he counted signing the legislation into law as one of the greatest honors he will have as president. Vice President Kamala Harris also signed the legislation in her capacity as president of the Senate, an administration official said.

"Throughout history, Juneteenth has been known by many names, and today, a national holiday," Harris said at a White House ceremonial bill signing. National holidays, she said, "are days when we as a nation have decided to stop and take stock, and often to acknowledge our history."

Biden called it "a day of, in my view, profound weight and profound power," noting that it was the first new national holiday established since Martin Luther King Day in 1983. By making it a federal holiday, Biden said, "all Americans can feel the power of this day, and learn from our history, and celebrate progress and grapple with the distance we've come but the distance we have to travel."

The law goes into effect immediately, making Friday the first federal Juneteenth holiday in American history. The federal Office of Personnel Management announced on Thursday that most federal employees would observe it on Friday, as June 19 falls on a Saturday this year.

Juneteenth commemorates the end of slavery and is also known as Emancipation Day, Jubilee Day and Juneteenth Independence Day. Its name stems from June 19, 1865, when Maj. Gen. Gordon Granger in Galveston, Texas, issued General Order No. 3, which announced that in accordance with the Emancipation Proclamation, "all slaves are free." Months later, the 13th Amendment was ratified, abolishing slavery in the final three border states that had not been subject to President Abraham Lincoln's order.

The commemoration of Juneteenth as a federal holiday "indicated that the original sin of this nation was acknowledged'," Representative Sheila Jackson Lee, Democrat from Texas and a lead sponsor of the legislation, said on Thursday in an interview with MSNBC.

Momentum to establish Juneteenth as a federal holiday picked up steam last year during a summer defined by racial unrest and Black Lives Matter protests in response to the murder of George Floyd by the police. In a bid to woo Black voters during the final months of the 2020 election, President Donald Trump promised to support legislation to establish the new federal holiday if he was re-elected. Still, some right-wing activists criticized Republicans who supported the measure.

Biden singled out Opal Lee, an activist who at the age of 89 walked from her home in Fort Worth to Washington, D.C., in an effort to get Juneteenth named a national holiday. The president called her "a grandmother of the movement to make Juneteenth a federal holiday."

This piece comes from our live briefing, where you can find more updates on the latest political news.

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