What We're Really Talking About when We Don't Talk about Obamacare.

Discussions of the shutdown inevitably involve the Affordable Care Act.  Any attempt to draw a parallel to the Republicans' shutdown inevitably draws a response from someone talking about aspects of the Affordable Care Act that they don't like.  In fairness, the law has drawn legitimate criticisms that it doesn't do enough, doesn't go far enough, isn't fair enough, and has problems.  But, you'll notice I haven't talked about it much. 

There are reasons for that.  I haven't talked about it, because it doesn't matter.  I know that sounds crazy.  But, the reality is that the Shutdown isn't legitimate whether or not you're in favor of the Affordable Care Act.  The Affordable Care Act is law.  It passed in both houses of Congress.  It was challenged in Court, and mostly upheld by the Supreme Court (there was a section that required the expansion of Medicare which was struck down because of Federalism).  Bills have been written to repeal it over 40 times and they haven't passed, even if they did, they'd be vetoed.

But now, the House Republicans have decided to shut down the federal government until they get their way.  You don't get to do that, because, if you did, there'd never be government.  Everyone faces some federal law they hate.  Probably lots of them.  I, for example believe that the Sentencing Reform Act of 1984 is a terrible law.  I think it's destroying our country and doing nothing to make us any safer.  But, were I in public office, I wouldn't get to shut the federal courthouses down until it was repealed.  I'd have to try and build consensus, get a coalition together, and convince the President to sign it.

I also dislike Reorganization Plan Number 2 of 1973.  I'm not alone. there are a number of people against federal drug laws, either generally (who favor decriminalization) or specifically (medical marijuana) don't like the law.  If I were in Congress, I would try to defund the Drug Enforcement Administration.  I might also try to repeal that law, and do away with them entirely, but I don't have the right to shut down government because I don't like the law.

At some point, I will write a couple policy bites talking about the Affordable Care Act, probably three or four talking about what it does, why, and why those are good or bad policies.  But right now it doesn't matter, because the fight itself is illegitimate.  And I'm not going to legitimize an illegitimate tactic by letting it succeed.

I don't care what anyone thinks about the Affordable Care Act.  The Shutdown is bad.  It is currently hurting or about to hurt:  Everyone who wants to take a vacation to a national park, recipients of WIC and food-stamps, every family with a kid in Headstart, every federal employee, every business catering to federal employees, every person with a case in federal court, medical research, scientific research, the safety of our food, the cleanliness of our water, the quality of our interstate highways, the safety of air travelers, and the list goes on and on and on.

This isn't about the Affordable Care Act.  It's about the fact that it's not okay to take hostages when you can't get what you want through Democratic means.