The Hoped-for Twilight of Bill-O

Some of Bill O’Reilly’s former colleagues at CBS News are ganging up on him to dispute his accounts of his Falkland War experiences and his short association with CBS News generally. O’Reilly sees himself as a brilliant and even heroic reporter who was held back by some pernicious good-old-boys system; his colleagues remember a callow hot dog who couldn’t follow direction.

See, for example, “How Bill O’Reilly imploded at CBS following his Falklands War ‘combat’ reporting.” By O’Reilly’s account, his career at CBS was blocked because he wouldn’t play their “games.” But his manager at CBS remembers him as the rookie who showed up at pro training camp for the first time with his scrapbook of press clippings. He was incensed because he wasn’t allowed to present his footage of an alleged riot himself on the nightly news, but instead the footage was spliced in with other footage and presented by Bob Schieffer. Worse, he disregarded instructions to keep camera lights off so as not to draw attention to the filming, putting his camera crew in danger.

In other words, he was oblivious to the deeper meaning of “new hire.” And because he obviously was too much of a prima donna — and more trouble than he was worth — he was quickly let go by CBS, and he is still pissed off about it.

This was all touched off last week when David Corn and Daniel Schulman wrote for Mother Jones that O’Reilly’s accounts of his “combat reporting” in the Falklands War simply didn’t past the smell test. Over the weekend one of Bill-O’s former colleagues at CBS came forward to corroborate what Corn and Schulman wrote. Crooks and Liars has a great video.

Unfortunately, it’s doubtful this revelation will end O’Reilly’s career. The first time I saw O’Reilly on television he struck me as being such an obviously narcissistic and witless gasbag I marveled he made it to national media at all. But Bill-O’s followers love him. They even read his books, such as his book on the Lincoln Assassination that is so riddled with errors that the National Park Service won’t carry it in souvenir shops. O’Reilly has defended himself by saying its hard to know what really happened after all this time, but in fact there is little about the Lincoln assassination that wasn’t documented and preserved down to fine detail. Victorian-era people were hoarders and record-keepers to a fault, and by now more than a century of excellent scholarship has sorted through it all. The truth is that Bill O is a sloppy researcher who didn’t bother to distinguish between good and bad source material. But you can’t tell that to his fans.

The Twilight of Guiliani

Those of us who have lived in the NYC area going back to his tenure knew Rudy Giuliani to be a petty, controlling narcissist all along, but when put on the spot to do so he could behave himself, as he did after 9/11 when the television cameras of the world were upon him. But lately he’s been letting his True Rudy flag fly.

His recent comment that he doesn’t know if the President loves America has brought on a lot of commentary about Giuliani’s sad self-destruction, It’s been a long time coming; he pretty much lost his post-9/11 glow among New Yorkers during the 2004 Republican convention. Rudy is erratic; even as mayor, he could be the soul of good sense one minute and a racist, bomb-throwing ferret-hating loon the next. He had a good run as “America’s Mayor,” but Rudy being Rudy, it wasn’t going to last forever.

The best commentary I’ve seen so far on Rudy’s latest episode of yelling at clouds is by Matt Taibbi. It begins:

Rudy Giuliani is giving me Soviet flashbacks.

With his bizarre foot-in-mouth rants about how Barack Obama doesn’t love “America” the way “we” do, Rudy — and other “They hate us!” exceptionalist ‘Muricans like Eric Erickson and Steve Forbes — are starting to remind me of the frightened, denial-sick communist die-hards I knew as a student in Russia.

Taibbi goes on to say that in 1990 he went to Leningrad to study, and so watched the Soviet Union in its death throes.  He observes that the Soviets had a strong sense of exceptionalism that clashed with, um, reality.

But the problem with exceptionalism is that it can turn unintentionally comic with the drop of a hat. You’re made to believe you’re at the center of an envious universe, but then the world changes just enough and suddenly you’re a punchline clinging to a lot of incoherent emotions. I watched this happen with my own eyes to a lot of people in the former Soviet Union.

And I feel like it’s happening here now, with Rudy and the rest of the exceptionalist die-hards. They’re hanging on to a conception of us that doesn’t really exist anymore, not realizing that “America” is now a deeply varied, rapidly-changing place, one incidentally that they spend a lot of their public lives declaring they can’t stand.

This was all on display this past week. Rudy’s bizarre, Internet-maelstrom-inspiring media tour began with remarks at a private dinner for Scott Walker. People focused on the insult to Obama, but just as interesting was the apostrophic address to a conspiratorial and exclusive you and me America of his imagination:

I do not believe — and I know this is a horrible thing to say — but I do not believe that the president loves America. . . He doesn’t love you. And he doesn’t love me. He wasn’t brought up the way you were brought up and I was brought up through love of this country.

Rudy was ripped by pretty much everyone to the left of James Dobson for these comments, with the White House snarkily commenting, “It was a horrible thing to say.”…

…Characteristically, and with a trial lawyer’s bravado, Rudy tried to talk his way out of the mess, rambling in self-defense to Bloomberg, CNN, Fox and anyone else who would listen. At each stop he doubled down on his remarks, concluding the tour with an incoherent rant to the New York Times in which he denied his comments about Obama were racist “since [Obama] was brought up by a white mother.”

God knows what that meant — reading this was like watching Mark Fuhrman undergo hypnosis therapy — but it was fascinating stuff.

This is my favorite part:

Conservative politicians like Rudy are a bizarre combination of constant, withering, redundant whining about Actual Current America, mixed with endless demands that we all stand up and profess our love for some other America, one that apparently doesn’t include a lot of the rest of us or the things about this country we like.

I feel sorry for Rudy that he can’t love this country the way it is. I love America even with assholes like him living in it. In fact, I’m immensely proud of our assholes; I think America has the best assholes in the world. I defy the Belgians or the Japanese to produce something like a Donald Trump. If that makes me an exceptionalist, I plead guilty.

You’ve got to admit he’s got a point about Donald Trump.

Update: Those coming here from Free Republic — haven’t heard from Freepers in awhile, I must say — please read the comment rules before commenting. I don’t approve comments that aren’t a lot more substantive than what any of you have produced so far. But since you’re Freepers you won’t read the post anyway so you won’t see this update. Anyway, long story short, please do hold your breath waiting for me to approve your comment. Seriously, please do. Please.

The GOP Tryouts, Self-Absorption Edition

Apparently Chris Christie thinks the world owes him a presidential nomination.

He does not return phone calls. He does not ask for support. He arrives late for meetings. And he acts as if he has all the time in the world.

The complaints have piled up for weeks, dismaying many longtime supporters of Gov.Chris Christie of New Jersey and sending others into the arms of his rivals for the presidential nomination, according to interviews with more than two dozen Republican donors and strategists. …

…

“He’s a very popular figure, but he’s made a mistake by not creating the necessary momentum for the kind of national organization you need to be successful,” said Anthony Scaramucci, a New York hedge fund manager who is now backing Gov. Scott Walker of Wisconsin. “He’s not touching enough people. And I think this is a classic rookie mistake.”

Friends say Mr. Christie is both understaffed and too controlling. They also say he is convinced that his raw talent and charisma can overcome the political obstacles in his way. Thomas H. Kean, a former governor of New Jersey and Mr. Christie’s onetime mentor, with whom he mended fences after a public break, said Mr. Christie had “gotten in the habit of kind of doing everything himself.”

“You can’t do that in a presidential campaign,” Mr. Kean said.

Especially since Christie would be challenged to win his own state in a presidential general election, his overconfidence would be puzzling. Would be, that is, until you consider his competition.

According to a CNN/ORC Poll taken February 12-15, the Republican field currently ranks in this order, top to bottom: Mike Huckabee (seriously?), Jeb Bush, Scott Walker, Rand Paul, Ben Carson, Chris Christie or None (tie), Marco Rubio, and Someone Else. Then there’s a four-way tie among Ted Cruz, Rick Perry, Rick Santorum and Unsure. Then comes John Kasich, and finally scraping the bottom at 1 percent each are Bobby Jindal, Lindsey Graham and Carly Fiorina. Note that Bush and Christie were numbers one and two a month ago. Make of that what you will.

Speaking of mutts, Charles Pierce comments on Scott Walker:

By his works shall ye know him, and by his budget shall ye know Scott Walker, the goggle-eyed homunculus hired by Koch Industries to manage their midwest subsidiary formerly known as the state of Wisconsin, and current frontrunner in the Premature Nonsense Primary portion of the 2016 Republican nominating process. Where it is not actively hostile to the interests of anyone except his state’s plutocrats and out-of-state mining interests, there is in the budget a low-running contempt for the concept of the government’s obligation to do much of anything except protect the wealth of the wealthy and throw the right people in jail. His idea of “going big and bold” is to be petty and small-minded. His budget is a melange of childish vandalism, cut-rate empire building, and the construction of a Potemkin record for the consumption of oligarchical moneybags and hayshaking god-botherers in Iowa and elsewhere.

Pierce has the details.

A Faith That Never Dies

Two posts by Ed Kilgore need to be read together. Here’s the first:

Yesterday WaPo’s Robert Costa told us that Scott Walker would be dining in New York with a select group of supply-side economics advocates in hopes of convincing them he shared the True Faith in tax cuts as the self-validating answer to every question.

The gathering, set for the upscale “21” Club in Manhattan, is the latest effort by the potential Republican presidential contender to bolster his relationships with the GOP’s anti-tax wing. It also reflects the interest business-friendly conservatives have in his possible candidacy, in spite of the recent ascent of former Florida governor Jeb Bush.

Economists Larry Kudlow, Arthur Laffer, and Stephen Moore will host Walker, according to several people with knowledge of the event.

For decades, that trio of friends — all associated with President Ronald Reagan’s economic policies — have been high-profile proponents of using tax cuts to boost economic growth….

Damn. That’s three of the four horses of the Apocalypse, isn’t it? Only one missing is Grover Norquist. Oh, wait….

John Catsimatidis, the billionaire supermarket owner and former Republican mayoral candidate in New York, is sponsoring the occasion, which will feature a roundtable discussion among Walker, the hosts, and a mix of wealthy financiers and political personalities.

Among those planning to appear: investment banker Lewis Lehrman, anti-tax activist Grover Norquist, and philanthropist Jimmy Kemp, the son of Jack Kemp, the late New York congressman who ushered Reagan’s tax reforms through Congress.

And here’s post #2: Meanwhile, back in Wisconsin …

Can you imagine how your average self-righteous conservative would react if one of those people treated a debt obligation (per Bloomberg Politics’ Tim Jones) in this way?

Wisconsin Governor Scott Walker, facing a $283 million deficit that needs to be closed by the end of June, will skip more than $100 million in debt payments to balance the books thrown into disarray by his tax cuts. The move comes as Walker, 47, mounts a 2016 bid for the Republican presidential nomination, and while his state is under stress from a projected shortfall that could exceed $2 billion in the two-year budget beginning in July.

Delaying the $108 million principal payment due in May on short-term debt would free funds.

“They need some cash,” said Todd Berry, president of the Wisconsin Taxpayers Alliance, a nonpartisan research group that examines taxes and government spending. “This is kicking the can down the road….”

Walker’s plan would increase debt-service bills by $545,000 in the next budget year, which starts July 1, and by $18.7 million in the one after that.

Where’s Rick Santelli when you need him?

It doesn’t matter how many times supply-side theory utterly fails in the real world. The faith never dies.

Update: Also, too, Walker proposes to stop using tax dollars to support state parks.

Jeb Is His Own Man, Just Like His Bro

Jeb played at being Presidential Candidate yesterday and trotted out his foreign policy team. Some of these names sound familiar. Paul Wolfowitz? John Negroponte? James Baker? (I thought I remembered reading his obituary; maybe not.) Stephen Hadley? John Hannah? Michael Chertoff? Somehow they’ve missed Douglas Feith — must have been an oversight. There is also George Shultz, whom the Bushies apparently keep preserved in formaldehyde with James Baker.

Someone at Reuters wrote that “His list of advisers suggests a willingness to listen to a variety of views.”  Charles Pierce: 

Yes, drawn from the PNAC gallery, a “variety of views” from A to A. But the real treasure is the list of folks who will be advising Jeb (!) about foreign policy, on which he gave a Really Big Speech setting out his views, which are his views, and have nothing to do with what his half-dim older brother did while screwing up the entire world, so shut up and stop talking about it, and maybe he’s adopted anyway, and…

“I love my father and my brother. I admire their service to the nation and the difficult decisions they had to make,” Bush said Wednesday in Chicago during the first major foreign policy speech of his prospective Republican presidential campaign. “But I am my own man.”

You can’t make this up.

Posted in Jeb

Putting the Con in Conservative

I don’t often link to right-wing sites to approve of something, but recently John Hawkins of Right Wing News published the results of a study showing how right-wing PACs spent contributors’ money. And — what a not surprise — there are many PACs soliciting money for “conservative” politicians that are spending little to no money on behalf of those politicians. Even PACs that are allegedly linked to a particular candidate aren’t spending money on behalf of that candidate. For example, the National Draft Ben Carson for President PAC spent only 4 percent of nearly $13 million received on efforts to draft Ben Carson for President. It may actually surprise you not in the least that SarahPAC spent maybe 7 percent of more than $3 million to help political candidates, which is the ostensible purpose of SarahPAC.

The PACs are not necessarily guilty of criminal activity. There are all sorts of legal ways to move money around to confound oversight. A PAC might set up a couple of vendors, possibly owned by people associated with the PAC, and send the vendors $100,000 each. The vendors then print $1,000 worth of fliers and pocket the rest. But on the PACs paperwork, it shows $200,000 spent on political action.

The Good Roger Ailes is derisive of Hawkins’ work, mostly because — duh, you didn’t know this already? Plus Hawkins’s analysis has lots of blind spots, some willful. But the larger point stands.

There is much speculation on rightie blogs that left-wing PACs are just as bad and probably worse. And I welcome similar analysis of leftie PACs. One of my gripes about progressivism going back many years is that, until the last decade or so, about the only activism going on was coming from single-issue advocacy groups that incessantly raised money but never seemed to accomplish anything. I may have told the story about how I stopped giving money to NARAL back in the 1980s, because as far as I could tell my donations were all being spent on salaries and office furniture.

But progressives across the board have been much more opposed to no-holds-barred contributions and want significant campaign finance reform that would stop a lot of this, whereas conservatives oppose reform and like the system just as it is, thank you, except they’d like to be able to bar unions from political activity if they could. But just unions; not the Koch Brothers.

And the even larger point is that the Right is mostly a grift, anyway. Characters like Richard Viguerie, Ann Coulter, etc., have been cashing in for years by doing nothing but raising alarm about the Coming Darkness of Liberalism When You Will Be Forced to Convert to Islam and Eat Babies. I wrote awhile back:

If bank robbers rob banks because that’s where the money is, grifters infest the Right because that’s where the gullibility is. People who can be made to believe in death panels can also be sold on dubious investment schemes, survivalist kits and quack arthritis cures. It’s too easy. See especially Rick Perlstein, “The Long Con.”

At least, I’m not aware of anyone using leftie political networks to sell cancer cures, dubious investments schemes or the leftie equivalent of survivalist kits, whatever that might be.

There are also subcategories of specialized grifters such as the NRA/firearm industry and climate change denialists/petroleum industry. But it’s all of a piece, really.

I wrote recently that the only substantive difference between the “extremists” and the “moderates/establishment” in the Republican Party is that “the ‘moderates’ realize elections have to be won, and the ‘extremists’ don’t know that, or don’t care.” When you look at someone like Ted Cruz, who unlike many others may not be crazy or stupid, one suspects his long game isn’t winning the White House. The long game is making a ton of money. In this country, once you become a reliable supplier of red meat for the Right, you are set for life. Whether you ever actually accomplish anything that’s good for anyone is irrelevant.

Now Paul Waldman writes about how rich conservatives are bilking the rank and file:

This particular con is just one variant of a wider system, one that has been in operation for decades. While there may be some cases of similar scams on the left, they’re absolutely rampant on the right, because they’ve been so central to the conservative movement for so long. In the 1960s, conservatives realized that the nationwide grassroots network that activists built to support Barry Goldwater could be an ongoing source of funds, not only for conservative causes but for people wanting to sell snake oil. Lists of names and addresses became a valued commodity, built, bought and sold again and again for the benefit of those who controlled them and those who used them (Rick Perlstein lays out that history here).

That tradition continues, but in new and more complicated ways that I like to call the circle of scam. Organizations like the Heritage Foundation and FreedomWorks pay radio hosts like Rush Limbaugh and Sean Hannity big money to offer on-air endorsements that are the radio equivalent of ‘native advertising.’ Future presidential candidate Mike Huckabee sells his email list on ‘miracle cancer cures’ hidden in the Bible. Conservative media figures like Dick Morris solicit contributions that somehow are never turned to the political ends they claim. Nobody wants to upend the system, because too many people are getting a taste.

The common thread can be found in the marks: the little old lady in Tupelo who sends in $50 thinking that she’s striking a blow against Barack Obama, the couple in Topeka who hopes Mike Huckabee’s biblical cancer cure can save their daughter’s life, the man in Toledo who thinks that the group with ‘Tea Party’ in its name is going to have an impact on his state’s races. What none of them know is that their money is just going to make somebody who’s already rich a little bit richer.

It’s been a hugely successful scam. However, there are signs more and more people are getting elected who don’t know it’s a scam. Could The Stupid eventually become so blatant even wingnuts notice? Hmm, I’m not holding my breath until that happens. But maybe Peak Wingnut will finally come to pass.

Netanyahu Is Not Our Friend

I haven’t said anything about the Netanyahu addressing Congress flap, even after John Boehner admitted he deliberately kept the White House out of the loop when he extended the invitation. I can’t say I entirely understand the Republican Party’s fawning obsequiousness to Bibi. I assume they think making nice with Bibi hurts the President somehow.

But this sheds a different light on things —

Concerns that Israeli officials had leaked key details about those negotiations, including that the U.S. offered to let Iran enrich uranium with “6,500 or more centrifuges as part of a final deal,” has prompted the U.S. to limit the amount of sensitive information it exchanges with Israel about the Iran nuclear negotiations, Ignatius reported.

The White House is not confirming this, and it’s possible Ignatius is wrong. But there’s a leak somewhere. Ignatius writes,

This latest breach in the U.S.-Israeli relationship began around Jan. 12 with a phone call from Netanyahu. Obama asked the Israeli leader to hold fire diplomatically for several more months while U.S. negotiators explored whether Iran might agree to a deal that, through its technical limits on centrifuges and stockpiles, extended the breakout period that Iran would need to build a bomb to more than a year. But Netanyahu is said to have responded that a year wasn’t enough and to have reverted to Israel’s hard-line insistence that Iran shouldn’t be allowed any centrifuges or enrichment.

Obama was concerned because the United States had shared with Israel its goal of a one-year breakout period since the beginning of the talks. The White House saw Netanyahu’s comment as a change, one that could potentially scuttle the negotiations. The Israeli response is that Netanyahu has always argued for “zero enrichment.”

Relations began to unravel quickly after the phone call. On Jan. 21, House Speaker John Boehner (R-Ohio) invited Netanyahu to address Congress and share his concerns about the talks. The invitation hadn’t been pre-negotiated with the White House, as is usually the case when foreign leaders are invited to address Congress.

Then came the alleged leaks about the nuclear talks. On Jan. 31, the Times of Israel reported that an unnamed senior Israeli official had told Channel 10 TV news that the United States was ready to allow more than 7,000 centrifuges and had “agreed to 80 percent of Iran’s demands.” Channel 2 reported that the U.S. offer was 6,500 centrifuges. U.S. officials believed that Netanyahu’s office was the source of these reports and concluded that they couldn’t be as transparent as before with the Israel leader about the secret talks.

There may have been another time in U.S. history when someone strongly suspected of undermining U.S. foreign policy was invited to address Congress without even notifying the White House, but I wouldn’t know when that might have been.

The Real Road to Serfdom

In the last post I argued that Republicans have reversed John Locke’s “life, liberty and property,” putting property (or the wealth of the wealthy) first, liberty second, and life a distant and expendable third. Now Paul Krugman agrees —

If you look for an overarching theme for overall conservative policy these past four decades, it definitely isn’t liberty — by and large the GOP has been enthusiastic about expanding the security and surveillance state. Nor is it in a consistent fashion smaller government, unless you define military and homeland security as not government. Instead, it has been about making the tax-and-transfer system harsher on the poor and easier on the rich. In short, class warfare.

It seems that several Republican governors, whose “conservative” economic policies strangled their states’ economies, are proposing tax increases to make up for loss of revenue. However, Krugman writes, “in every case the tax hike would fall most heavily on those with lower incomes, and many are proposing simultaneous tax cuts for business and/or the wealthy.”

In short, doing more of what hasn’t worked before. Erik Loomis writes,

Watching how Republican presidential possibilities have been talking in the last couple of weeks, it’s pretty clear that they are going to focus on income inequality, but define income inequality as a problem that exists because the rich pay too much in taxes and the poor don’t pay enough. I know this sounds like a terrible strategy for the Republicans, and maybe it is, but I do believe in their ability to obfuscate an issue and twist meanings that the message of income inequality I hope the Democrats run on in 2016 will have a lot of difficulty motivating the public.

Unfortunately, I think he’s right. A substantial portion of the American public will be persuaded that “income inequality” means the rich are being soaked so that the poor can lounge around living high on the hog and food stamps.

Life, Liberty, Property, but Not in That Order

Thomas Jefferson’s “life, liberty and the pursuit of happiness” was presumably inspired by John Locke’s “life, liberty and property.”  Locke’s thinking influenced the U.S. Founding Guys more than any other single philosopher, and Locke said government is obligated to protect the life, liberty and property rights of the people. You would think teabaggers/Republicans would know this and respect it.

However, if you pay attention you notice that they’ve reworked the order — property first, then liberty, but life gets bumped off the list unless you are a fetus. Mark Joseph Stern provides several examples of Republicans putting liberty and property ahead of life. These include putting a right to refuse vaccination ahead of public health and their frantic crusade to stop the government from paying for health care.

Republicans are currently cheering on an anti-Obamacare lawsuit that could strip millions of health insurance. They’re willing to put Americans at risk of death just to score points against a law they hate. … Many conservatives are cheerfully unconcerned by this lawsuit’s potentially fatal consequences. In one op-ed titled “End Obamacare, and People Could Die. That’s Okay,” Michael R. Strain of the American Enterprise Institute insisted that the Supreme Court should have no compunction about rendering a decision that will kill Americans. A higher mortality rate, Strain wrote, is “an acceptable price to pay for certain goals,” including “less government coercion and more individual liberty.”

Liberty trumps life, in other words. Better dead than taxed, or something. If anyone knows on what planet that makes sense, do raise your hand. The Michael Strain op-ed is a chilling thing to read, but you know this “acceptable price” stuff is conventional wisdom among the privileged crew he rubs elbows with. They’re never going to have to pay that price, of course. But they’re kicking some of us to the curb for the Greater Good, and we’re supposed to be grateful. Yay, freedom!

I’ve been particularly infuriated by reports that the Koch Brother-led Americans for Prosperity has been going around strangling any movement toward expanding Medicaid in the non-Medicaid-expanding states, most recently Tennessee. Apparently the Koch Boys love freedom so much they’re determined to kill any poor, sick hillbillies that get in the way.

So, obviously, liberty is ranked ahead of life. But I would argue that for all their rhetoric about liberty, in truth the U.S. Right puts property ahead of liberty. The late 19th century Supreme Court was notorious for putting property rights above civil liberty, so this is not without precedent. But the base has been well trained to unquestioningly support everything from Citizen’s United to more tax cuts for the rich at the expense of everyone else to climate change denialism, because it’s in the best interests of the 1 percent to do so, and those policies are not promoting anyone’s liberty. Indeed, if you pay close attention you may notice that a lot of their arguments for “liberty” are mostly in favor of unrestricted acquisition of wealth.

It’s property first, then liberty when it doesn’t get in the way of property, and life for the post-born can be bumped off the table as necessary.

Update: How could I have forgotten that gun rights also trump life?  Little children killing themselves with guns is the price we pay for the freedom to keep loaded guns anywhere we want, right?

More Elusive Than Bigfoot

The King v. Burwell case, to be argued in front of the SCOTUS in March, was deliberately crafted to take down the Affordable Care Act. So why is it the crafters couldn’t find better plaintiffs? Jeffrey Toobin writes,

The case is based on the claim that the Obama Administration policy of allowing those who received tax subsidies to buy insurance on the federal exchanges—which cover the thirty-four states that don’t have state-run exchanges—violates the terms of the Affordable Care Act itself. If the plaintiffs succeed in making their case, eight million people are estimated to lose their health insurance, and the A.C.A. itself could subsequently unravel.

But the King case, like any case, can only proceed if the plaintiffs have standing—that is, if they can claim an “injury in fact” from the Obamacare law. Thanks to two recent, excellent pieces of journalism, in Mother Jones and the Wall Street Journal, we now know a great deal about the four plaintiffs. Two are veterans of the Armed Forces and can receive health care through the Department of Veterans Affairs; accordingly, they have no reason to seek the tax subsidies under the law. The other two plaintiffs may make too little money to qualify for the tax subsidies, and, furthermore, one who claimed to be a Virginia resident listed a motel that prohibits long-term stays as her address. In short, the provisions of the Affordable Care Act in question in King v. Burwell may be irrelevant to all four plaintiffs—which would mean that they lack standing to challenge it.

Toobin says that conservative justices for many years have dismissed various challenges from liberals on the grounds that the plaintiffs did not demonstrate the law posed an “injury in fact” on them, and thus they lacked standing.

During the George H. W. Bush Administration, a coalition of environmental and conservation groups sued to stop new federal regulations that limited the application of a section of the Endangered Species Act. Chief Justice Roberts, then the Deputy Solicitor General, persuaded the Supreme Court to throw out the case because the plaintiffs would not suffer direct harm from the new regulations and lacked standing to bring the case. In Lujan v. Defenders of Wildlife, the court held that a “generally available grievance about government—claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large—does not state an Article III case or controversy.”

I understand they don’t hear cases brought by spotted owls, either. A pity.

The Administration’s lawyers didn’t bring up the issue of standing in their brief, which means they either were asleep at the switch or they’d rather not have the case dismissed in a way that would allow the Right to try again.

This also begs the question of why the Right can’t find better plaintiffs. I occasionally read posts or comments from someone who has a legitimate-sounding story of being worse off because of Obamacare, but somehow the examples the Right chooses to feature never stand up to scrutiny.