I stumbled upon the latest op ed by one of my favorite progressive targets and
decided, that in the spirit of not letting a tragic event go to waste, have attempted to turn, what can only be described as a steaming pile of “all occasion” progressive talking points …into a teachable moment and a snap shot into the mind of today’s intolerant left winger. Amazingly, (and no doubt quite by accident,) this column showcases and embodies many of the most destructive anti America progressive talking points and in doing so attempts to advance a myopic and malignant worldview that bears no resemblance to reality.
Here is the short article that appeared last week in the Forest Grove News Times followed by my criticism and analysis right after….
Justices’ questions troubling
By Professor Russ Dondero
Apr 11, 2012
Following the Supreme Court’s review of the Patient’s Affordable Health Care Act, complete with myopic and juvenile comments about broccoli and burial plots, I wondered in what world the justices live.
“Obamacare” is designed to close the health care gap that leaves 50 million people without insurance, forcing them into local emergency rooms, the most costly medical option that imposes a hidden $1,000 annual fee or a mandate on those with insurance to pick up the bill.
The choice is not between mandate or no mandate; it’s a choice between a law which requires everyone to be responsible or the status quo, which levies a de facto mandate on every medical bill the insured pay.
The judges ignored the fact that if the law is declared unconstitutional, 50,000 children with pre-existing conditions and 2.5 million young people currently on their parent’s health care plan will lose coverage.
Seniors will lose the protection of a gradually closing “donut hole” for meds. Most significantly the 30 million who would have been covered by 2014 will be denied coverage in a system which gobbles up 16 percent of our gross domestic product.
Maybe, like Rip Van Winkle, we’ll wake up in late June with the Supremes admitting it was an April Fools joke.
If, on the other hand, the Court declares Obamacare unconstitutional it will complete a triple play of cases begun with Bush v. Gore and Citizens United, enabling the Court conservatives to complete a judicial coup d’état.
Activist GOP judges, with their brethren in the Congress, are pursuing an ideological and partisan scheme to deny millions of Americans health care.
Martin Luther King Jr., in his Letter from Birmingham Jail, said, “an unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust…”
MLK concluded that “all segregation statutes are unjust because segregation distorts the soul and damages the personality…” Millions of Americans with no health care insurance face a de facto form of segregation.
When Justice Kennedy, the so-called swing vote on the court, commented that “freedom is the freedom not to rescue…” and “the reason [the individual mandate] is concerning is because it requires the individual to do an affirmative act. In the law of torts, our tradition, our law has been that you don’t have the duty to rescue someone if that person is in danger… absent some relation between you…” – whatever that means!
If Justice Kennedy is right, then explain to me the actions of the first responders during 9/11.
Were our brave heroes “unfree”? Or were they giving evidence that there is a higher law than Kennedy’s morally withered version of torts? Kennedy’s response that there is some “severe moral criticism of that rule” is an understatement.
In the battle for civil rights the debate gradually moved from laws on the books (de jure discrimination) to institutional racism (de facto discrimination). The health care debate is on that same moral trajectory.
Are we OK with a health care system which by actuarial practice creates a form of de facto discrimination while at the same time passing costs off to the insured to cover the uninsured in a hidden tax or mandate?
Justice Kennedy claims the law has nothing to do with moral or the higher law, just torts: acts that cause harm, usually economic harm. In effect, Kennedy has reduced the law to matters of property rights not human rights.
Kennedy’s view could be the basis of an assault on the progress since the Brown v. Board decision in 1954, the passage of the 1964-65 Civil Right Acts, plus laws which protect those with disabilities and gays from discrimination.
The passage of Obamacare must be viewed in the context of health care disparities that pit the haves v. the have-nots in our nation. The goal of universal health care is the civil rights issue of this generation.
If neo-con judicial activists on the Court, using a bogus originalist theory of the law, win this battle by a 5-4 vote, then what else is on their agenda? I think we know: Roe v. Wade and immigration reforms, like the Dream Act.
If Obamacare is struck down, there is only one solution for liberals: Advocate constitutional amendments to end lifetime tenure of federal judges and subject them to reappointment by the U.S. Senate every 10 years. It’s time the left took the gloves off against rogue justices.
HERE IS MY TEACHABLE MOMENT TAKEN FROM PROF DUNDERO’S THOUGHTFUL RANT.
Thank you Prof. Dundero for giving us this latest installment of left wing nonsense. In the spirit of not letting a tragic event go to waste, let me attempt to turn what can only be described as a steaming pile of “all occasion” progressive talking points …into a teachable moment and a snap shot into the mind of today’s intolerant left winger.
Amazingly, (and no doubt quite by accident,) this column showcases and embodies many of the most destructive anti America progressive talking points and in doing so attempts to advance a myopic and malignant worldview that bears no resemblance to reality. What do I mean?
For starters, its impossible to not notice the difficulties the left has with understanding and accurately framing issues. The reason for this can’t possibly be born out of a legitimate lack of understanding …instead it finds its genesis in political desperation and an embarrassingly limited number of frames to choose from. Last month Sandra Fluke delivered her testimony to Congress chastising the right for not jumping at the chance to pick up the tab for her $3,000.00 a year condom habit….the left’s response? They dug out the tried and true, one size fits all issue frame (think of a Walmart picture frame) where they ignore the real issue, impute evil motives and spin out the “War on Women” …Dundero goes on his little rant on what he thinks the Supremes are going to do to Obamacare and instead of identifying the legal issues being considered digs into his progressive frame bag…imputes the evil motives of the right, and spins this bit of gibberish:
” The choice is not between mandate or no mandate; it’s a choice between a law which requires everyone to be responsible or the status quo”
AND this unforgettable paranoid fantasy (he accepts as fact)
“Activist GOP Judges with their brethren in congress are pursuing an ideological and partisan scheme to deny millions of Americans healthcare” Really? Doers anyone with a functioning brain believe that the Constitutional deficiencies being deliberated are nothing more than a smoke and mirrors distraction designed to cloak the secret scheme of the evil GOP to ‘deny healthcare” to 50 million Americans? LOL Never one to miss an opportunity to double down on stupid Dundero then asks us all to reaaaaacchhhh with him …and I do mean reach … so he can bring us along with him to neverland where he is able to sprinkle liberal fairy dust and use the (ironically) most popular progressive issue frame … racism. All it takes is a quick, out of context quote from MLK to allow him to conclude:
“Millions of Americans with no health care insurance face a de facto form of segregation.”
“In the battle for civil rights the debate gradually moved from laws on the books (de jure discrimination) to institutional racism (de facto discrimination). The health care debate is on that same moral trajectory.”
“The goal of universal health care is the civil rights issue of this generation”
HUH? …Ahhhh of course …it’s a civil rights issue …now I get it? Those evil scheming racist right wingers are secretly trying to advance their war on minorities… got it! See what I mean?
Anyone who has ever tried to engage a lefty in a rational political discussion knows the frustration of trying to keep the conversation on point and not allow it to wander off the tracks where the issue devolves into a discussion and defense of the contrived motives of those who do understand what the reality based issues are. In Russ’s world if you don’t think the government has the power to require everyone to buy a product if they don’t want too ….then you must be a racist! (and a hater …just saying)
When the left is able to stuff an issue behind one of their 4-6 standard frames and then takes free license with the rules of logic …the result is generally a head scratcher and a good laugh, like the examples above. When they start to apply their frames to the locus solus nonsense made clear by dint of rational explanation), the predictable results are anything but ludic diversions. This approach is great when you want to appear revolutionary, but terrible when you want to be evolutionary and build on previously developed knowledge (one of the building blocks of conservative thought). Dundero demonstrates this principle in spades and shines a bright light on the lefts hypocritical beliefs on tolerance.
Archbishop Chaput of Philadelphia, in a Lenten Letter to his pastoral flock, said that “evil preaches tolerance until it is dominant and then tries to silence good.” The secular left, having preached tolerance for years, is proving the Archbishop right with their new found intolerance for opposing views. Hopefully everyone has seen some of the videos of union knee breakers showing up on the doorsteps of private citizens to scare them into submission. Or more recently the lefts anemic attempt to silence Rush Limbaugh by calling for boycotts and active harassment of his advertisers… These are the people who Dundero thinks should be in charge of safeguarding our freedoms? In his article he puts forth the half baked idea shared by progressives that completely rejects the notion of majority rule and replaces it with their own modified version where the majority still rules….but only as long as the majority stays in lock step with their thinking…when the majority finds itself at odds with the left then rather than accept the will of the majority …progressives go right to work to change the ground rules…like wanting to be able to replace conservative Supreme Court Justices or ignoring the expressed will of the voters on gay marriage and try end runs through the courts in front of liberal or gay judges.
Dundero’s treatise on progressive lunacy doesn’t disappoint in this regard at all he says:
“if Obama-care is struck down, there is only one solution for liberals: Advocate constitutional amendments to end lifetime tenure of federal judges and subject them to reappointment by the U.S. Senate every 10 years. It’s time the left took the gloves off against rogue justices.”
Good thinking Russ …if you don’t get your way and your ideas have been thoroughly rejected by the majority or you don’t like the way a judge or justice rules in a case then you are right…there is only one solution left for liberals …take off those gloves and intimidate those judges you can’t replace the same way the union parasites intimidate people or the Black Panthers intimidate voters to keep them in line…. Have you ever thought through some of the breathtakingly stupid things you write? …Amazing! Thank you for supplying this textbook template of what passes for ‘liberal thought” and the quick look into the twisted mind of the anti america, anti freedom, might makes right…leftwingers