Washington News

Justices Expected To Reject Postponing Ruling On Healthcare Reform Challenge The Supreme Court's hearing Monday on whether it is proper for the justices to rule on the Affordable Care Act at this time generated extensive television, print and online coverage. Media analysts last night and this morning largely agree that the case will almost certainly move forward, as both the Administration and the plaintiffs have requested. While the three networks devoted more time to the hearing than any other topic -- more than 12 minutes in total -- the Trayvon Martin case was the chief topic of debate during the primetime hours on the cable news channels last night.
Much of the coverage last night and this morning focuses on the legal arguments made yesterday, as opposed to the likely political repercussions of the court's eventual ruling. However, the CBS Evening News and the New York Times both have reports on their new poll that found 47% of the public disapproves of the ACA as a whole, while 36% approves. The poll also found large majorities support individual aspects of the ACA, including the ban on denying coverage to those with preexisting conditions, which had the support of 85% of respondents.
NBC Nightly News reported, "We begin tonight with a basic question for everybody: Can Congress force you to buy health insurance? More than that, can they charge you a penalty if you choose not to? That question of course is...at the crux of the health plan that may be known forever as 'Obamacare.'" NBC added, "Outside the court, passionate demonstrations, mostly supporting the law. ... Rick Santorum even showed up to underscore the political stakes."
Scott Pelley, at the opening of the CBS Evening News, reported that the court will be answering the question: "Can the Federal government force you to buy something whether you want it or not?"
On ABC World News, Dianne Sawyer noted that "some provisions of the healthcare law have already gone into effect. For instance, two and a half million young people have been added to their parent's health insurance," and it is now "illegal for children under the age of 19 to be denied coverage because of preexisting conditions."
USA Today reports the Supreme Court "opened three days of historic oral arguments on the fate of President Obama's health care law by skeptically questioning whether an 1867 law should bar them from even considering whether the government can require Americans to purchase health insurance." According to USA Today, "Justices on the court's liberal and conservative wings seemed doubtful that the law, known as the Anti-Injunction Act, would serve as a roadblock to deciding the constitutionality of one of the Obama administration's signature accomplishments."
Bloomberg News said Justices Breyer and Ginsburg "suggested they didn't view [the] 1867 law," the Anti-Injunction Act, "as barring them from ruling immediately on the law's requirement that Americans either get insurance or pay a penalty. The 1867 law blocks suits over taxes that haven't been imposed, and Ginsburg questioned whether health-care penalties would be taxes. 'This is not a revenue-raising measure,' Ginsburg said. 'If it's successful, nobody will pay the penalty and there will be no revenue to raise.'"
Politico reported that Justice Sotomayor "said she found at least four similar cases in which the Supreme Court had allowed such types of challenges, and questioned whether the penalty for not obtaining insurance was really meant to be a tax or an inducement for people to purchase coverage."
Administration Claim That The Mandate Penalty Is Not A Tax Draws Scrutiny A few outlets are reporting that Administration's argument that the individual mandate penalty does not constitute a tax contradicts its previously held position. For instance, according to the Washington Post , "In the early stages of litigation over the health-care law, the Obama administration agreed that the Anti-Injunction Act barred an immediate constitutional decision. But it dropped that argument and told the Supreme Court that the 'penalty' for failure to secure health insurance is not a 'tax' for Anti-Injunction Act purposes."
McClatchy also reports that the Administration "had initially deployed the tax argument in an effort to block the lawsuits, but after losing in one trial officials changed course and now agree with the bill's opponents that lawsuits can proceed."
NBC's Pete Williams, on CNBC's The Kudlow Report, reported, "The Obama administration finds itself with a very nuanced argument. ... What the government is saying is, it's not a tax for the purpose of...the Anti-Injunction Act, but, tomorrow, they're going to be arguing that not only did they have the power to pass this under the commerce clause power, but also under the general taxing power. Now, that didn't go down too well with one of the justices, Samuel Alito."
Santorum Blasts Romney Outside Supreme Court Building The New York Times reports, "Outside, demonstrators came with signs, while Rick Santorum...made an appearance in front of the courthouse to highlight his opposition to the law...and to note that" Mitt Romney "had signed a state law with similar features when he was the governor of Massachusetts."

Obama's Missile Defense Plea To Russia Caught By Live Microphone Comments unwittingly made before a live microphone by the President sparked a raft of largely negative stories about him, including reports on all three networks, cable commentary on Fox News and major print media. The network newscasts last night devoted four-and-a-half minutes to the story, which overshadowed coverage of other developments related to Obama's trip abroad.
In South Korea for a summit on nuclear security, the CBS Evening News reported, Obama "couldn't escape presidential politics, not after a live microphone picked up a comment that he made" to Russian President Dmitri Medvedev. CBS (Plante) noted that thinking the conversation was private, Obama told Medvedev "that it was particularly important incoming Russian President Vladimir Putin gives him space on the missile defense system -- which the US and NATO want to install in Europe." Obama was shown saying, "This is my last election. After my election I have more flexibility." Medvedev replied, "I understand. I will transmit this information to Vladimir and I stand with you."
The Washington Post offers a more extensive version of the incident. Obama said, "On all these issues, but particularly missile defense, this, this can be solved but it's important for him to give me space." Medvedev replied, "I understand your message about space. Space for you." Deputy national security adviser Ben Rhodes later "reiterated that that the administration is 'committed to implementing our missile defense system, which we've repeatedly said is not aimed at Russia.'"
Under the headline "Microphone Catches A Candid Obama," the New York Times reports that "Obama found his private moment of political candor caught by a live microphone," and his "Republican adversaries seized on the comment." The White House "scrambled to clarify what both leaders meant." Also noting that the comments provided Republicans with an opening to attack Obama, meanwhile, the Financial Times (quotes Rhodes as saying of the incident, "Since 2012 is an election year in both countries, with an election and leadership transition in Russia and an election in the United States, it is clearly not a year in which we are going to achieve a breakthrough."
The Washington Times reports that "when he knew he was speaking for the microphones, Mr. Obama said only, 'We've got more work to do between our two countries. Dmitry identified some areas of continued friction -- missile defense being an example. And what we've agreed to is to make sure that our teams, at a technical level, are in discussions about how some of these issues can be resolved.'" ABC World News explained that "Obama knows well that the Russians are furious over US plans to build a missile defense shield in Europe," and added (Tapper) that "the White House downplayed the remarks as the acknowledgment of election year political reality." Romney was shown saying, "That is an alarming and troubling development."
The tone of the coverage on NBC Nightly News was less critical of the President, describing the incident as "one of those moments that we know go on among leaders when they're speaking freely, and he was." NBC added that Romney "called the comments by...Obama 'an alarming and troubling development.' He called the Russians our 'number one enemy,' and later thought better of it and clarified his position."
Analysts: Kremlin, Russian Media Favor Obama's Reelection The Christian Science Monitor reports, "Russian experts say there's little doubt the Kremlin would like to see Obama re-elected," and "the Russian media often covers Obama's lineup of Republican presidential challengers in tones of horror, and there seems to be a consensus among Russian pundits that a Republican president would put a quick end to the Obama-era thaw in relations."

Bernanke Says Job Market Remains Weak, Requires Continued Fed Action The AP reports Fed Chairman Ben Bernanke said yesterday that "the US job market remains weak despite three months of strong hiring and that the Federal Reserve's existing policies will help boost economic growth." The AP notes that "many took" Bernanke's "cautious words about the economy to mean the Fed is likely to stick to its plan to hold short-term interest rates at record lows through 2014." Bloomberg News notes that in remarks delivered in Arlington, VA, the Fed chairman said the recent "drop in unemployment may reflect 'a reversal of the unusually large layoffs that occurred' in 2008 and 2009, and this process may now be over." However, "reducing the jobless rate further will probably require a quicker expansion of business production and consumer demand, which 'can be supported by continued accommodative policies.'"
The speech, says the New York Times , "sought by turns to deflate optimism and pessimism about the labor market," and adds that "Bernanke said he was particularly concerned about the unusually large share of the unemployed who have been unable to find work for six months or more. More than 40 percent of the unemployed are in this category, compared with less than 25 percent after other recent recessions."

Campaign News

Romney Racks Up Endorsements, As Republicans Urge End To Primary The AP reports that Mitt Romney "trumpeted a flurry of conservative endorsements along with backing Monday from a delegate who belonged to campaign dropout Jon Huntsman as he looks to wrap up the GOP presidential nomination." Utah Sen. Mike Lee (R), House Majority Whip Kevin McCarthy (R-CA), American Conservative Union chief Al Cardenas, and Huntsman delegate Paul Collins all backed Romney and "urged fellow Republicans to unite behind" the former Massachusetts Governor "and save the GOP from more months of a nasty, drawn-out primary.
Bloomberg News also reports on the endorsements of Romney, saying that GOP "leaders covering much of the party's ideological spectrum lined up behind" the former Governor on Monday "as part of an escalating effort to conclude the presidential primary battle and close ranks before the general election."
Santorum Argues Lengthy Primary Battle Will Benefit GOP The Washington Post reports that Rick Santorum "isn't listening to" those in the GOP "who say it's time to start coalescing around Mitt Romney," instead arguing that "there would be nothing better for the Republican Party than a long nomination battle and a short general election." Yesterday, Santorum told reporters that "Republicans would be better off with a relatively brief general election campaign because it would negate the financial advantage he expects President Obama to have over the Republican nominee."
Gingrich, Santorum Say Race Likely To Go On To GOP Convention The Los Angeles Times reports that during appearances Monday on CNN, Newt Gingrich and Santorum "acknowledged...that they are unlikely to gain the delegates required to be the nominee through the remaining primaries, but said the race to be crowned the GOP presidential nominee would go to the party convention in August." Of Romney, Gingrich said, "If he can get to 1,144, he's the nominee. But if he can't get to 1,144 on the 26th of June, the last primary, then it is going to be a wide-open electronic convention for 60 days of talking among the American people." Santorum, meantime, "said...the 'likelihood' is that no candidate will accumulate enough delegates by the time the voting contests conclude."

Polls Show Obama Leading Romney And Santorum McClatchy-Marist Poll: Obama Tops Romney By Two, Santorum By Five A new McClatchy -Marist survey of 846 registered voters taken March 20-22 shows President Obama leading his top GOP presidential rivals, albeit narrowly. According to the poll, Obama edges Mitt Romney 46%-44% and leads Rick Santorum 48%-43%. McClatchy says, "A key reason" the two GOP hopefuls remain close to Obama: "Each edges the president among independent voters by 1 point. " Additionally, Obama's job approval stands at "48 percent...with 47 percent disapproving and 5 percent unsure." In the race for the GOP presidential nomination, the survey of 377 Republicans and GOP-leaning independents shows Romney leading the field with 39%, followed by Santorum with 31%, Newt Gingrich with 13%, and Ron Paul with 13%.
Obama Tops GOP Candidates Handily In Suffolk Poll A Suffolk University poll of 904 likely voters taken March 21-25 shows President Obama with solid leads over his GOP rivals. Obama tops Romney 47%-37%, Santorum 49%-35%, Newt Gingrich 50%-31%, and Ron Paul 49%-28%. The poll also shows Obama's approval rating, among a broader sample of 1070 adults, at 46%, with 45% disapproving.

Many Top Obama Donors Gain Access To White House The AP reported President Obama "is using privileged access to one of America's greatest landmarks to reward his most generous financial supporters in ways that" his GOP rivals "can't match: More than 60 of Obama's biggest campaign donors have visited the White House more than once for meetings with top advisers, holiday parties or state dinners," according to "a review by The" AP, which "found that at least 250 of" the President's "major fundraisers and donors visited the White House at least once, being cleared for events like dinners or one-on-one meetings with senior advisers." The AP added, "The invitations to visit" the White House, "which are a legal and established practice from incumbent presidents, came despite Obama's past criticisms of Washington's pay-for-access privileges and mark a reversal from early in" his "term when donors complained that Obama was keeping them at arm's length."