Obamacare Loses in the Court of Public Opinion
In the run up to the SCOTUS argument on Obamacare (beginning March 26!), "the White House is coordinating some public relations stunts to promote the idea that there is broad public support" for the healthcare law, according to NRO. Good luck with that. The latest poll, an AP-GfK Poll, conducted March 8, 2012, found only 35 percent of Americans support the health care law overhaul, while 47 percent oppose it. Meanwhile, Americans overwhelmingly believe the individual mandate is unconstitutional, by a margin of 72 percent to 20 percent, according to a USA Today/Gallup Poll, conducted last month.
Doctors don't like it either. A survey taken a couple weeks ago finds that 60 percent of doctors think Obamacare will have a "negative impact" on patient care. More depressing (in a nation with a physician shortage), a whopping 43 percent of respondents said they are considering retiring within the next five years because of Obamacare. (ht: Heritage Foundry).
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Jan '12
Re: Obamacare Loses in the Court of Public Opinion
He really doesn't care about any of the points you make in this post.
Aug '10
Re: Obamacare Loses in the Court of Public Opinion
It will certainly be interesting to listen to the arguments, which SCOTUS has agreed to record and release afterwards. The emphasis from the plaintiffs should be less on public opinion and focus more on what limits exist on the exercise of federal power if in fact the health care law is constitutional. In the district court cases argued thus far the federal government has been unable to answer this question, because, in fact, if the health care law is deemed constitutional, there are no limits on the federal power. We shall see...
Edited on March 17, 2012 at 7:36pmRe: Obamacare Loses in the Court of Public Opinion
Agreed. At Court, the lawyers won't mention public opinion, and they shouldn't. But public opinion lurks in the background. Almost all Supreme Court justices (Thomas excepted) are terrified of a public backlash. Kennedy and other potential swing justices will be reading the tea leaves of public opinion to figure out which decision will cause the least outrage directed at the Court. My great fear is that they will take the easy way out, deciding that the lawsuits are premature under the Anti-Injunction Act. That would kick the can down the road to 2014; at which point the beneficiaries of ACA will represent a new entitled class and it will be harder to "disentitle" them.
Aug '10
Re: Obamacare Loses in the Court of Public Opinion
Adam Freedman
Agreed. At Court, the lawyers won't mention public opinion, and they shouldn't. But public opinion lurks in the background. Almost all Supreme Court justices (Thomas excepted) are terrified of a public backlash. Kennedy and other potential swing justices will be reading the tea leaves of public opinion to figure out which decision will cause the least outrage directed at the Court. My great fear is that they will take the easy way out, deciding that the lawsuits are premature under the Anti-Injunction Act. That would kick the can down the road to 2014; at which point the beneficiaries of ACA will represent a new entitled class and it will be harder to "disentitle" them. · 0 minutes ago
Indeed.
Nov '11
Re: Obamacare Loses in the Court of Public Opinion
It's fascinating that 54% of those who "think the healthcare law is a good thing" also think that the individual mandate is unconstitutional. That seems to indicate to me that there will be little real public backlash if the mandate is struck down, although I'm sure there will be plenty of manufactured backlash - "Republican War on the Uninsured"? It's fascinating that in these days of the New Civility, everything is akin to war.
May '11
Re: Obamacare Loses in the Court of Public Opinion
I am a physician and yesterday I replied to an e-mail survey sponsored by Merritt Hawkins assessing the attitudes of physicians to the future of medical practice and the various components of Obamacare. The questions dealt with ACOs, medical homes, health savings accounts, medical malpractice, federal regulation, electronic medical records and a myriad of other factors. At the end of the survey, which seemed to me to be unbiased in it's questioning, they had a large window where one could leave additional comments for policy makers in healthcare about the future of medical care. I left only three words: WE ARE DOOMED!
I look forward to the results which they said would be e-mailed to me.
Dec '10
Re: Obamacare Loses in the Court of Public Opinion
They have demonstrated the ability to overcome their fears. See Kelo.
Feb '11
Re: Obamacare Loses in the Court of Public Opinion
I’d like more detail on that last statistic. It’s hard to figure out what it means. For instance, just how early are these doctors thinking about retiring? (A year early? Five? It makes a difference.)
Another problem: Most doctors below a certain age probably can’t consider “retiring” — though they might be considering getting out of medicine. Are 43% of doctors old enough — or otherwise wealthy enough — to retire, as such?
Nov '11
Re: Obamacare Loses in the Court of Public Opinion
I know of a doctor who agrees with you.
Edited on March 18, 2012 at 1:18amJul '10
Re: Obamacare Loses in the Court of Public Opinion
Adam Freedman:
Doctors don't like it either. A survey taken a couple weeks ago finds that 60 percent of doctors think Obamacare will have a "negative impact" on patient care. More depressing (in a nation with a physician shortage), a whopping 43 percent of respondents said they are considering retiring within the next five years because of Obamacare. (ht: Heritage Foundry).
That was 49% around the time the law was passed, but before we get too excited about ObamaCare winning over support in the medical field, I have noticed some shingles have already been taken down (and the two private practices important to my family will go if the albatross is not repealed).
May '10
Re: Obamacare Loses in the Court of Public Opinion
What this tells me is they see the Constitution, just as President Obama does, as an obstacle rather than a pillar.
Jul '11
Re: Obamacare Loses in the Court of Public Opinion
If the scotus decides in favor you can forever view this as the end of our constitution and a few other minor issues like liberty and justice.
Jul '10
Re: Obamacare Loses in the Court of Public Opinion
Or a rallying cry to get off the couch and into the fight.
Jul '11
Re: Obamacare Loses in the Court of Public Opinion
Sisyphus, that fight will have to be about states rights and be fought with fervor. Southern Pessimist, good for you.
May '11
Re: Obamacare Loses in the Court of Public Opinion
Mothership, that link was a very good analysis of the situation and I hope other readers followed the link.
Jul '10
Re: Obamacare Loses in the Court of Public Opinion
Already on that prescription, Doc, but second opinions always welcome.
Mar '12
Re: Obamacare Loses in the Court of Public Opinion
I've read that Justice Thomas, he has spent his years on the Court putting his conservative stamp on the Commerce Clause.
It was asserted that Thomas' opinions in this area, while singularly not noteworthy enough to draw attention of the media or the Left, may be the Constitutional roadblock that dooms ObamaCare.
Stare decisis is a big deal to the Left. Is it possible that Thomas has laid the ground work for the defeat of Obama's signature issue?
May '10
Re: Obamacare Loses in the Court of Public Opinion
Adam Freedman: "At Court, the lawyers won't mention public opinion, and they shouldn't. But public opinion lurks in the background. Almost all Supreme Court justices (Thomas excepted) are terrified of a public backlash. Kennedy and other potential swing justices will be reading the tea leaves of public opinion to figure out which decision will cause the least outrage directed at the Court."
I would argue that, under a government of "We the People", there are times when it is entirely appropriate for public opinion to be a major factor. It is not terribly different than common law as a basis. I hope and pray that SCOTUS is terrified of a public backlash. Our government is by consent of the governed; not consent of our representatives, nor consent of SCOTUS. If the governed, by and large, do not give consent, then it should not be done. Ultimately, Obamacare is not a legal issue, it is a practical common sense issue. Whatever it takes to make that prevail seems entirely appropriate to me.
Edited on March 19, 2012 at 12:58am