Shocker from Florida

Dave Weigel at Slate is reporting a real bombshell. A federal judge has struck down the entire health care reform law about which there has been so much political quarrelling over the past two years.

Judge Roger Vinson of the Northern District of Florida has ruled that because the individual mandate part of the law, the part that requires each person to purchase insurance, is unconstitutional, and because that part of the law cannot be severed from the rest of the law, the whole thing must be declared unconstitutional.

This is enormously significant news. If the ruling withstands appeal, the last two years, during which the Democrat party essentially invested all of their energy, focus and political capital to get this bill passed, and which effort ultimately cost them a historic defeat in last November's election, was all for nothing.

It's obvious that Judge Vinson ruled on the law's merits and not on what he wished were the case. Here's what he said:

Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled "The Patient Protection and Affordable Care Act."

And also this:

It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.

Health care reform was the one thing President Obama could claim as a genuine accomplishment going into the 2012 campaign season. Now it appears that he has nothing. Events can change that, of course, but right now the Democrats must be feeling pretty empty.

Presidential Snoozer

Watching President Obama go through the motions in his State of the Union speech last Tuesday night made me think that if he could bottle his presentation he could make a fortune selling it to insomniacs. I know that it certainly gave me a serious case of the drowsies.

In light of recent events in Egypt the SOTU speech now seems almost irrelevant, but I want to share Peggy Noonan's take on Mr. Obama's snoozer just the same because she says so much that's worth reading.

Ms. Noonan is a former speech writer herself and currently an op-ed writer for the Wall Street Journal. I've copied her column in its entirety because the link is temporary, and the column may be replaced by her next piece soon. Here's what she says about Mr. Obama's speech:

It is a strange and confounding thing about this White House that the moment you finally think they have their act together—the moment they get in the groove and start to demonstrate that they do have some understanding of our country—they take the very next opportunity to prove anew that they do not have their act together, and are not in the groove. It’s almost magical.

The State of the Union speech was not centrist, as it should have been, but merely mushy, and barely relevant. It wasted a perfectly good analogy—America is in a Sputnik moment—by following it with narrow, redundant and essentially meaningless initiatives. Rhetorically the speech lay there like a lox, as if the document itself knew it was dishonest, felt embarrassed, and wanted to curl up quietly in a corner of the podium and hide. But the president insisted on reading it.

Response in the chamber was so muted as to be almost Xanax-like. Did you see how bored and unengaged they looked? The applause was merely courteous. A senator called the mood on the floor “flat.” This is the first time the press embargo on the speech was broken, by National Journal, which printed the text more than an hour before the president delivered it. Maybe members had already read it and knew what they were about to face.

The president will get a bump from the speech. Presidents always do. It will be called a success. But it will be evanescent. A real moment was missed. If the speech is remembered, it will be as the moment when the president actually slowed—or blocked—his own comeback.

The central elements of the missed opportunity:

• An inability to focus on what is important now. The speech was more than half over before the president got around to the spending crisis. He signaled no interest in making cuts, which suggested that he continues not to comprehend America’s central anxiety about government spending: that it will crush our children, constrict the economy in which they operate, make America poorer, lower its standing in the world, and do in the American dream. Americans are alarmed about this not because they’re cheap and selfish but because they care about the country they will leave behind when they are gone.

President Obama’s answer is to “freeze” a small portion of government spending at current levels for five years. This is a reasonable part of a package, but it’s not a package and it’s not a cut. Sen. Tom Coburn of Oklahoma, who called it “sad,” told a local radio station the savings offered “won’t even pay the interest on the debt we’re about to accumulate” in the next two years. The president was trying to “hoodwink” the American people, Mr. Coburn said: “The federal government is twice the size it was 10 years ago. It’s 27% bigger than it was two years ago.” Cuts, not a freeze, are needed—it’s a matter of “urgency.”

• Unresponsiveness to the political moment. Democrats hold the White House and Senate, Republicans the House, the crisis is real, and the next election is two years away. This is the time for the president to go on the line and demand Republicans do so, too. Instead, nothing. A freeze.

• An attitude that was small bore and off point. America is in a Sputnik moment, the world seems to be jumping ahead of us, our challenge is to make up the distance and emerge victorious. So we’ll change our tax code to make citizens feel less burdened and beset, we’ll rethink what government can and should give, can and should take, we’ll get our fiscal life in order, we’ll save our country. Right?

Nah. We’ll focus on “greater Internet access,” “renewable energy,” “one million electric vehicles on the road by 2015,” “wind and solar,” “information technology.” “Within 25 years, our goal is to give 80% of Americans access to high-speed rail.” None of this is terrible, but none of it is an answer. The administration continues to struggle with the concept of priorities. They cannot see where the immediate emergency is. They are like people who’d say, “Martha, the house is on fire and flames are licking down the stairs—let’s discuss what color to repaint the living room after we rebuild!” A better priority might be, “Get the kids out and call the fire department.”

• Unbelievability. The president will limit the cost of government by whipping it into shape and removing redundant agencies. Really? He hasn’t shown much interest in that before. He has shown no general ideological sympathy for the idea of shrinking and streamlining government. He’s going to rationalize government? He wants to “get rid of the loopholes” in our tax code. Really? That’s good, but it was a throwaway line, not a serious argument. And he was talking to 535 representatives and senators who live in the loopholes, who live by campaign contributions from industries and interest groups that pay protection money to not get dinged in the next tax bill.

On education, the president announced we’re lagging behind in our public schools. Who knew? In this age of “Waiting for Superman” and “The Lottery,” every adult in America admits that union rules are the biggest impediment to progress. “Race to the Top” isn’t the answer. We all know this.

As for small things and grace notes, there is often about the president an air of delivering a sincere lecture in which he informs us of things that seem new to him but are old to everyone else. He has a tendency to present banalities as if they were discoveries. “American innovation” is important. As many as “a quarter of our students aren’t even finishing high school.” We’re falling behind in math and science: “Think about it.”

“I’ve seen it in the shuttered windows of once booming factories. . . . I’ve heard it in the frustrations of Americans.” But our deterioration isn’t new information, it’s a shared predicate of at least 20 years’ standing, it’s what we all know. When you talk this way, as if the audience is uninformed, they think you are uninformed. Leaders must know what’s in the national information bank.

He too often in making a case puts the focus on himself. George H.W. Bush, always afraid of sounding egotistical, took the I’s out of his speeches. We called his edits “I-ectomies.” Mr. Obama always seems to put the I in. He does “I implants.”

Humor, that leavening, subtle uniter, was insufficiently present. Humor is denigrated by serious people, but serious people often miss the obvious. The president made one humorous reference, to smoked salmon. It emerged as the biggest word in the NPR word cloud of responses. That’s because it was the most memorable thing in the speech. The president made a semi-humorous reference to TSA pat-downs, but his government is in charge of and insists on the invasive new procedures, to which the president has never been and will never be subjected. So it’s not funny coming from him. The audience sort of chuckled, but only because many are brutes who don’t understand that it is an unacceptable violation to have your genital areas patted against your will by strangers.

I actually hate writing this. I wanted to write “A Serious Man Seizes the Center.” But he was not serious and he didn’t seize the center, he went straight for the mush. Maybe at the end of the day he thinks that’s what centrism is.

And here's Ramirez summing up in one picture everything that's wrong with both the speech and the President's agenda: