WASHINGTON -- For a brief period of time on Thursday morning,
President Barack Obama was operating under the impression that a portion
of his signature health care law had been declared unconstitutional by
the Supreme Court.
Top administration officials, briefing reporters, said that the
president initially saw news alerts that the court had ruled the
individual mandate unconstitutional while watching coverage in the outer
Oval Office. The news was being projected on a single monitor with four
split screens, each showing a different station. Both Fox News and CNN
inaccurately reported the court's decision at first.
After a period of time, White House Counsel Kathryn Ruemmler and
Chief of Staff Jacob Lew came to greet the president with news of the
actual ruling.
Ruemmler flashed him two thumbs up. The court, she relayed, had
upheld the Affordable Care Act by a 5 to 4 vote, ruling the individual
mandate valid under Congress' taxing power.
The period between when Obama heard the wrong report and the
corrected one lasted no longer than a couple of minutes, the top
administration officials said. White House aides had been watching cable
news in addition to following SCOTUSblog to track the results.
After learning of the ruling, the president went into the Oval Office
and called Solicitor General Don Verrilli, who had argued the case on
the administration's behalf, to thank him for the work he'd done. Vice
President Joseph Biden came in shortly thereafter to take in the news.
Administration officials said they were unsure, as of 2:00 p.m., whether or not the president had yet read the decision in full.
The officials said that they had been largely confident that the
Supreme Court would hand down a favorable decision. Ruemmler had been
telling aides for months that she believed the law would be upheld and
that Chief Justice John Roberts would be in the majority. But those same
officials acknowledged that they were surprised the individual mandate
wasn't upheld under the commerce clause, which they thought was a strong
enough legal theory.
They declined to concede that as a political matter, the Affordable
Care Act remained a loser. One top official predicted that the country
would be hesitant to re-litigate a debate that has now gone on for three
years, in both political and legal theaters.
The president, they said, will begin arguing that the health care
bill included a major tax cut, in the form of credits that individuals
would receive to help purchase coverage. He will also make the case for
greater flexibility within the law by attempting to move forward the
date by which states can opt out of its coverage requirements, provided
they meet minimum guarantees. Finally, the officials noted, the
president faces a Republican opponent who, earlier in his career,
trumpeted the very same policy prescriptions in his home state.
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