Budget Director Undercuts Regime's Obamacare Supreme Court Argument

Rush Limbaugh.com ^ | February 15, 2012 | Rush Limbaugh

[Kaslin]

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RUSH: Obama's budget director. What's this guy's name? (interruption) What? No, no, no. That's the chief of staff. This guy's name is Zients, Z-i-e-n-t-s. Anyway, he was being questioned by a Republican congressman from New Jersey today Scott Garrett, on C-SPAN3 and he's being asked questions about Obama's budget. And, for example, Scott Garrett says (paraphrased exchange): "Will there be a tax increase on those making under $200,000 in
Obama's budget?" The budget director says, "No." Then Scott Garrett says, "Well, if it's a tax when a family doesn't buy a health insurance policy as mandated by Obamacare and they have to pay the government for making that decision, is it a tax?"

And Zients says, "No, it's not a tax." But yet the regime is arguing before the Supreme Court that it is a tax and that's what makes it constitutional! The regime is arguing before the Supreme Court on this mandate business that the fine that you pay for not buying insurance mandated by Obamacare is a tax. In questioning today on the budget on Capitol Hill Obama's budget director says, "No, it's not a tax," because if it's a tax then Obama is lying about the fact that nobody under 200 grand will see a tax increase. Then Garrett asks, "If the president's budget passes tomorrow, when will the budget come into balance?" There are no answers!

The problem is that this poor budget director sent up there to defend a campaign document, not a budget.

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RUSH: This is big. It has, or could have, let me put it that way, could have major consequences for Obama's lawsuit at the Supreme Court where they are defending the individual mandate as constitutional at the US Supreme Court. The administration, the regime is defending Obamacare in court on the ground that the fines, the money Americans have to pay under the mandate, if they don't buy insurance, is a tax. They are saying it is a tax, therefore, and they have the power to levy taxes. It's not a fine. It's not a mandate. It's a tax, and therefore they have the ability to do this, and therefore Obamacare's constitutional.

The only problem is that the Obama budget director is up on Capitol Hill today, and he's being peppered with questions about Obama's latest campaign document, the budget. Let's go to the audio sound bites. I mentioned this a moment ago. Representative Scott Garrett, Republican, New Jersey. "You did just say that there are no tax increases for those folks making under $250,000. Now, if I am part of a family who does not buy health insurance, in violation of the president's health care program, and I've gotta pay a fine because of that, that is not a tax on me?"

ZIENTS: The Affordable Care Act saves money.

GARRETT: I understand that, but is that a tax on me then if I do not pay that, or is that not a tax?

ZIENTS: I'm not sure I'm following the question.

GARRETT: You said there are no tax increases on people making under $250,000. If I make under $250,000, and I do not buy health insurance as I'm required to, is that a tax on me or is that not a tax on me?

ZIENTS: Well --

GARRETT: A moment ago you said there's no tax in it. So that's not a tax?

ZIENTS: No.

GARRETT: That's not a tax. Okay, I just want to be clear on that because that's not the argument that the administration's making before the Supreme Court.

Obama OMB Director Contradicts Obama SCOTUS Argument On Individual Mandate

RUSH: This guy has stepped in it. This guy Jeff Zients clearly out of his... doesn't know what's going on up there. They've sent him up there to defend the budget, and he's gone up there with his template, his narrative, (imitating Zients) "Obamacare saves money. This budget will reduce the deficit. This budget will raise revenue. This budget will bring us into balance." All the lies, all the cockamamie crap that this administration's telling everybody, this guy's armed with. He gets a question. It sounds like he's not even prepped for it. "Now, wait a minute, now, this fine that people have to pay if they make under $250,000, because the president has said that there will be no tax increase on people that make $250,000 or less, so if I have to pay money, whatever you call it, fine, whatever, if I don't buy health insurance, is that a tax?"

"No. No. Not a tax." He has to say that in order to perpetrate the lie that there are no tax increases on people that earn less than 250 grand. And in saying that there's no tax he just undermined the entire Obama case at the Supreme Court. And I will guarantee you that even as we speak, a transcript and probably the audio as well, is being sent lickety-split to the lawyers arguing that Obamacare is unconstitutional before the Supreme Court. I'm sure they've got this in their possession even now. Now, the sound bite, it wasn't over. After Zients admitted that it is not a tax -- and remember, folks, the regime, Obama is saying that it is a tax. The fine, the money you pay for not buying health insurance is a tax. That's what gives them the power to levy it and collect it and have it all be constitutional. But their budget director says it's not a tax. So then Garrett and Zients continue to discuss this.

GARRETT: If we pass this budget tomorrow, when does the budget balance in this country under your proposal?

ZIENTS: We achieve significant progress --

GARRETT: I'm just looking for a year.

ZIENTS: We achieve significant progress --

GARRETT: Just the year.

ZIENTS: We bring --

GARRETT: Just a year. When does this budget balance in this country, under your proposal?

ZIENTS: This budget makes a serious --

GARRETT: Just a year.

ZIENTS: No --

GARRETT: Just a year. Can you tell me when --

ZIENTS: That's not a year question.

GARRETT: He's not answering the question. It's a simple question. I'm looking for a year. What year does your budget ever balance?

ZIENTS: This budget makes significant progress across this decade. The president is willing --

GARRETT: Is it your answer that this budget never balances?

ZIENTS: -- over and over he's willing to do more work to drive --

GARRETT: Is it your answer --

ZIENTS: -- us toward more progress.

GARRETT: Is your answer this budget never balances?

RYAN: Time for the gentleman is expired. Witness is obviously not going to answer the question

RUSH: All right. The answer is "never," and that's what this doofus can't say. It can't balance it ever, because it doesn't balance ever. Did that not sound pathetic? I mean that's hilarious. That sounds like a Saturday Night Live script. That sounds like Bob Torricelli defending the watches and the cash that he got when he was a Senator. Snerdley didn't hear this, did he? He's in there screening calls. Snerdley, stop screening. Tap him on the shoulder. I want you to hear this. People are gonna react. This is after Zients admits that the fine is not a tax. And remember, the administration is arguing before the Supreme Court that it is a tax. So the budget director's undermined the Supreme Court case of Obamacare. Scott Garrett, Republican, New Jersey, continues to pepper the guy about the budget.

GARRETT: If we pass this budget tomorrow, when does the budget balance in this country under your proposal?

ZIENTS: We achieve significant progress --

GARRETT: I'm just looking for a year.

ZIENTS: We achieve significant progress --

GARRETT: Just the year.

ZIENTS: We bring --

GARRETT: Just a year. When does this budget balance in this country, under your proposal?

ZIENTS: This budget makes a serious --

GARRETT: Just a year.

ZIENTS: No --

GARRETT: Just a year. Can you tell me when --

ZIENTS: That's not a year question.

GARRETT: He's not answering the question. It's a simple question. I'm looking for a year. What year does your budget ever balance?

ZIENTS: This budget makes significant progress across this decade. The president is willing --

GARRETT: Is it your answer that this budget never balances?

ZIENTS: -- over and over he's willing to do more work to drive --

GARRETT: Is it your answer --

ZIENTS: -- us toward more progress.

GARRETT: Is your answer this budget never balances?

RYAN: Time for the gentleman is expired. Witness is obviously not going to answer the question

RUSH: I mean this is hilarious. It doesn't balance. That's why. This guy is up there with just a bunch of meaningless BS. A meaningless bunch of phrases. "We achieve significant progress, achieve significant progress. The president is looking to achieve significant progress. Budget makes significant progress across --" That's all he's gonna say because it doesn't balance. It's not even a budget. It's a campaign document. Now, this poor guy, Zients, is reading from an old script. On ABC's This Week, back on September 20th, 2009, Obama talking to Stephanopoulos, Obama said, "For us to say that you have to take responsibility to get health insurance is absolutely not a tax increase." Stephanopoulos whipped out a dictionary, read the definition of a tax. And despite hearing what the definition of a tax or a tax increase was, Obama stood his ground, "Nobody considers this a tax increase. Nobody considers this fine to be a tax." And yet that's what they are now arguing. Let's continue with the audio sound bites. September 20th, 2009, This Week with George Stephanopoulos.
says, "Under this mandate, the government is forcing people to spend money and fining them if they don't. How is that not a tax increase?"

OBAMA: No, that's not true, George. For us to say that you've gotta take a responsibility to get health insurance is absolutely not a tax increase. What it's saying is is that we're not gonna have other people carrying your burdens for you, any more than the fact that right now everybody in America, just about, has to get auto insurance. Nobody considers that a tax increase. People say to themselves, that is a fair way to make sure that if you hit my car, that I'm not covering all the costs.

RUSH: So not only is Obama's budget director undermining Obama's case before the Supreme Court, so did Obama himself undermine his own case. September 2009: "It's not a tax increase, George. Nobody thinks it's a tax increase. It can't possibly be a tax increase." But they are arguing before the US Supreme Court that the fine is a tax, and that they have the power to levy taxes and therefore all of this is constitutional. Don't forget during the '08 campaign Obama tried to nail Hillary to the wall on the mandate itself. He was opposed to a mandate in 2008 during the presidential campaign. He was opposed to that which he's now put in his bill.

September 20, 2009, This Week with Stephanopoulos. Stephanopoulos says, "Well, look, it may be fair, and it may be good public policy, but for you to say that this isn't a tax. This just..."

OBAMA: No, no. B-b-but George y-y-y-you can't just make up that language and decide that that's called a tax increase.

STEPHANOPOULOS: I don't think I'm making it up. Merriam-Webster Dictionary: "Tax: A charge usually of money imposed by authority --

OBAMA: (snickering)

STEPHANOPOULOS: -- on persons or property for public purposes."

OBAMA: George, the fact that you looked up Miriam's dictionary (sic), that the definition of tax increase indicates to me that you're stretching a little bit right now. Otherwise you wouldn'ta gone to the dictionary to check on the definition! I mean --

STEPHANOPOULOS: Well, no.

OBAMA: If -- if what you're saying is --

STEPHANOPOULOS: I wanted to check for myself, but your critics say it is a tax increase.

OBAMA: My critics say everything's a tax increase! My critics say that I'm taking over, uhh, every sector of the economy. You know that! Uh, eh, eh... Look, we can have a legitimate debate about whether or not we're gonna have an individual mandate or not but --

STEPHANOPOULOS: But you reject that it's a tax increase?

OBAMA: I absolutely reject that notion.

RUSH: My friends, I don't know if you understand quite yet the import of all this. Today Jeff Zients, the budget director: (paraphrased) "Ain't no way that this fine can be called a tax increase!" Obama, September 20th, 2009, "George, you go get the dictionary to look up the definition of a tax? The fact that you do that means that this can't possibly be! There is no tax increase here." And yet this is the same bunch arguing that the fine (the collection of money) paid by people in lieu of buying health insurance, is a tax. They're undermining themselves left and right. And the reason is, Obama has promised that there will be no tax increase on people making under $250,000 a year. So they're caught here. What premise do they need to be consistent on? And they have decided that they're gonna be consistent on the premise that nobody earning less than 250K will get a tax increase. And in the process, they are undermining themselves at the Supreme Court.

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RUSH: Steve in Uptown New Orleans, great to have you on the EIB Network, sir, hello.

CALLER: Rush, mega 94 rated cigar chomping dittos, my friend.

RUSH: Well, thank you very much. Appreciate that.

CALLER: Listen my question regarding the health care mandate, if it's not a tax on the middle class, then why is King Obama assigning 17,000 IRS agents?

RUSH: Ha! Another excellent question from an informed member of the audience.

CALLER: Thank you, sir.

RUSH: He's right, there's 17,000 new IRS agents as part of Obamacare to enforce it, and one of the things that has to be enforced is the collection of the fines if you don't buy health insurance. And, by the way, early on, just to remind you, the fines for not having health care insurance are far lower than the cost of a policy. So the youths of America are going to opt to pay the fine early on. I don't care. It will have the same effect on them as a tax. It will come out of their disposable income. They've gotta pay the fine. In the process of all of this, private sector insurance is driven out of the market. If you have to buy insurance, but then you don't have to if you can pay a fine, young people will choose the cheaper course, which is paying the fine. But then after a few short years, the cost of the fine is way higher than the cost of insurance, which will not be cheap. Eventually they will force everybody onto a government insurance policy because the government is gonna be the last remaining place you can go to buy an insurance policy for your health.

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RUSH: Last night in Las Vegas on Channel 8, the anchorette, Paula Francis, was interviewing Obama. She said, "You used to be against the mandate. When you were running against Hillary in 2008 for the presidency, you were against the individual mandate. And then you're all for the mandate in your Obamacare act. As a constitutional lawyer, how do you see your bill's chances in the Supreme Court?"

OBAMA: You never want to make predictions, uhh, because, you know, obviously there nine ... folks whose job it is to make these decisions. But I would not have proposed the, eh, notion that people have to get insurance rather than rely on you and me and others to buy their insurance or pay for their medical care. I wouldn't have proposed that if I didn't think it was constitutional.

RUSH: "It's constitutional because I said it was constitutional. It was constitutional because I proposed it!" So Kathleen Sebelius, Michelle Obama know what's best for your child. Obama knows the Constitution better than you do. The fact of the matter is, he doesn't care what's in the Constitution. He's gonna do what he wants, and he's doing it. The mandate that insurance companies provide abortion services and contraception, so-called free? A president does not have that power, and yet last week he just did it.

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RUSH: By the way, I would be remiss if I did not remind you of this. We just had audio of Obama saying (summarized), "I wouldn't have submitted Obamacare -- I wouldn't have authored it, I wouldn't have put it up -- if I didn't think it was constitutional." Well, just so you know, when he was running against Hillary in the 2008 primaries for the Democrat nomination, he was against the mandate. He was opposed to it because it was unconstitutional. Barack Obama opposed the mandate that he's now defending in the US Supreme Court, in the '08 campaign, because he said it was unconstitutional. Last night, he says it's constitutional. He's all over the place on this. The bottom line is, we have a dishonest leader (profoundly so) as president of the United States. It's maddening and frustrating to many people.

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[scrabblehack]

This issue was raised by Christine O’Donnell. Does the SCOTUS consider statements like this? I don’t know...I don’t think so though. Michael Schiavo said on Larry King that “he?/they? didn’t know what Terri wanted,” but the courts wouldn’t consider that.

O’Donnell thought that every bill should contain its constitutional argument. It isn’t fair to pass a bill saying that it isn’t a tax, and then when it’s challenged, to argue that it is a tax.