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Moby Dick 1, President Obama 0

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Frank Pasquale says:

    To complete the nautical theme, here is my post from a month ago:

    My bottom line is that the GOP’s ideological political opposition to simple reform ideas (like the public option and Medicare buy-in) has been so intense that those pursuing universal coverage have been forced to bargain with (and even become identified and intertwined with) the very entities they are trying to force to act responsibly. Glenn Greenwald describes the consequences:

    “[T]he central pledge of the Obama candidacy, beyond any specific issues, was his vow to change the way Washington works. It is his failure to do that which has become the party’s greatest liability. A candidate who railed against secret deals and lobbyist influence negotiated this health care plan in secrecy with industry lobbyists, got caught entering into secret deals with the pharmaceutical industry. . . . Worse still, two of the most popular provisions — the public option and Medicare expansion — were jettisoned . . . .”

  2. Let’s rephrase Prof. Pasquale’s “bottom line”:

    “…the [Democrat's] ideological political opposition to simple reform ideas (like the [tort reform]and [multi-state insurance offerings]) has been so intense that those pursuing [less expensive insurance] coverage [options] have been forced to [the sidelines by] the very entities they are trying to force to act responsibly.

    You can rail all you want about the GOP’s intransigence on the cluster****s coming out of Congress but in the end, it was the Dems, negotiating amongst themselves, that went into secret mode and it was the Dems who jettisoned the supposedley popular Medicare and public option provisions.

    Bottom line then seems to be that Republicans forced Dems to bargain with Dems – but not having to deal with conservatives was, I thought, part of the hope and change so many of you were crowing about a year ago.

  3. Logan says:

    Maryland Conservatarian – As Jon Stewart duly noted on his show last night, Republicans didn’t force the Democrats to do anything; Democrats wouldn’t be able to pass any substantional legislation if they had 100 seats in the Senate and 435 seats in the House.

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