The “Section 246 Proves Joe Wilson Is A Liar” Lie
posted at 1:19 pm on September 11, 2009 by Legal Insurrection
South Carolina Republican Rep. Joe Wilson called Barack Obama a liar for claiming that Obama’s health reform proposals do not apply to illegal aliens.
As I pointed out before, whether Wilson or Obama is right on the subject depends upon which health care bill one looks at. But one thing that struck me is how quickly defenders of Obama on the blogosphere picked up the meme that Section 246 of the House Bill “proved” that Obama was right.
Section 246 deals with “affordability credits,” which help people who cannot otherwise afford coverage purchase government-run public option insurance on health care exchanges. Section 246 does not permit the payment of these affordability credits to illegal aliens (emphasis mine):
Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.
Section 246, dealing with a specific type of credit, does not change the fact that under the House Bill as written — and as Obama wanted it passed before the August recess — illegal aliens would have been full participants in the nationalized health care system.
Illegal aliens would be required to purchase insurance under the mandate requirements, could buy into the public option coverage (which while nominally self-sustaining inevitably would require government subsidies), and could benefit from almost all of the programs created under the bill.
Having forced illegal aliens to purchase insurance, it would have been inevitable that some financial assistance would be offered to those who could not afford to purchase even the public option, although in fairness there is nothing in the House Bill which says so. Republican attempts to amend the House Bill to exclude illegal aliens from the national health care system were rejected by Democrats, which confirmed Republican suspicions that imposing a mandate on illegal aliens to purchase insurance was opening the door to eventual subsidies.
People can debate whether bringing illegal aliens into a nationalized health care system is good or bad, but what is not debatable is that the House Bill would have brought illegal aliens into the system almost completely. The politically contentious issue of outright subsidies for illegal aliens would have been left for another day, but the ground work was being laid. Now that Obama is rejecting such an approach at least nominally that debate is over, although it will be interesting to see how Obama’s words are put into legislative writing.
Given that Section 246 so clearly is narrow and so clearly does not prove that Obama was correct in his speech, I wondered how it was that, within hours of Obama’s speech, blog comment sections and blog posts were being plastered by people quoting Section 246 as “proof” that Obama was right and Wilson was wrong. Even my own blog post received comments from people quoting Section 246.
Realistically, how many people had dug into the 1018 pages of the House Bill to find Section 246?
The answer is that at 9:51 p.m. on the night of Obama’s speech Media Matters, the Democratic media operation, issued an Action Alert claiming that Section 246 was “Proof That “You Lie!” Was A Lie” and that “in reality, Rep. Wilson is the liar.”
In addition to Media Matters’ other distribution methods, that Action Alert was sent out by Media Matters via Twitter [to over 1700 followers] and re-tweeted over 200 times.
The Media Matters meme about Section 246 has been picked up by many bloggers, including Jason Linkins at Huffington Post, who cited Media Matters as having proved that “what’s been completely glossed over by the press is the fact that the ‘You Lie!’ was itself built upon a lie.” A blogger at DailyKos declared “Healthcare Bill, HR 3200 Sec 246 proves Wilson a liar.”
But of course, the fools in the blogosphere who either did not read the words of Section 246 or chose to ignore the fact that Section 246 only applies to “affordability credits” were not to be outdone.
Keith Olbermann, the Fool-in-Chief, went on a rant last night on MSNBC about how Joe Wilson was a liar and wrong. The proof? Section 246!
Here’s the video (starting at 3:00), notice how Olbermann mumbles over the words “for affordability credits” when he reads (at 3:45) the language of Section 246:
Olbermann yelled at Wilson: “When are you going to apologize for your lack of being right?” How ironic.
As I have said, I don’t think Obama’s being wrong on the House Bill proves that he is a “liar.” The House Bill is dense and hard to understand.
But Media Matters’ successful campaign to spread the fiction that Section 246 “proves” that Obama was correct and that Wilson was “a liar” shows how effective Media Matters can be at shaping an issue. Particularly when there are gullible or deceitful fools willing to listen.
Cross-posted with updates at Legal Insurrection Blog










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Diggers Realm had a newstory that Obama and DHS Napolitan met with amnesty groups on Aug 21st before he went on vaction.
Heritage Foundation was not invited to this event.
It did not say whether any of our border governors attended the event or knew that a meeting was happening.
I keep wondering what those 2 told the Amnesty groups about: the healthcare bill, amnesty, border security in general.
journeyintothewhirlwind on September 11, 2009 at 1:54 PM
246 simply passes the costs to the states, as you said it says nothing about “care”. The debate is muddled because this bill it deals with two huge issues Heath care and Health Insurance – Obama wants to take over both.
If people get care someone has to pay, and no portion of this bill excludes any person from care, to the contrary it specifically says (Sec. 152. Prohibiting discrimination in health care.) “all health care …shall be provided without regard to personal characteristics …” There are any number of “personal characteristics” any given illegal alien possesses. It is a broad and purposefully ambiguous declaration. They will get care, “all health care” in fact. Someone will pay. The border states will bear the burden of this.
And then there is EMTLA- this bill does not overturn EMTLA. Everyone is covered under that, and someone has to pay. Again since they don’t have those “Federal affordablity credits” the cost goes to the states.
Show me where it says we are not paying for them.
batterup on September 11, 2009 at 3:19 PM
The words in Section 246 are meaningless without an enforcement provision — and there is NO enforcement provision in the bill.
AZCoyote on September 12, 2009 at 11:50 AM
“Lord help he who”? That should not be coming out of the mouth of someone who, mere minutes later, says that everyone who disagrees with him politically is “stupid” and didn’t “complete the seventh grade”. Hey Olbermann, you paragon of intelligence, the antecedent is in the case required by its position in the MAIN clause – in this case, ACCUSATIVE. Yes, the person who should be helped by the Lord is the subject of the RELATIVE clause, but that’s what the RELATIVE PRONOUN is for. Looks like you’re the one who didn’t complete the seventh grade there, pal.
See, maybe where you made your mistake is the whole thing where nobody really says “whom” anymore, so the relative pronoun is kind of losing its case marking. You know something? I don’t use the word “whom” as a general rule either. But that should be no cause for confusion – it just means that “who” is becoming a word that doesn’t have separate nominative and accusative cases. To a speaker of the morphologically poor English language, this should be nothing new – this is true of any common noun…take “liar” or “idiot”, for example.
Booing and hissing during a State of the Union address = sooooo respectful, eh Olby?
ClassicalMusicNerd on September 12, 2009 at 12:27 PM
Well, there is this little story from the Obama Mouthpiece Network, MSNBC:
From NBC’s Mike Viqueira
The White House tonight is providing the below clarification on what the president’s health-care proposals would mean when it comes to the issue of illegal immigrants.
The question, as we all know, arises from the Wilson “You lie” outburst, and the core claim that notwithstanding specific bill language barring illegal immigrants from participating in the “exchange,” as a practical matter, there is no way of verifying the citizenship of applicants — which is the current state of play. Republicans say that then means illegal immigrants would end up being enrolled in plans — bill language or no bill language.
Today, for the first time as far as we know, the administration is backing a provision that would require proof of citizenship before someone could enroll in a plan selected on the exchange.
Here, the administration also concedes that hospitals would be compensated with public funds for the care of undocumented immigrants.
The bullet points sent tonight by the White House:
Undocumented immigrants would not be able to buy private insurance on the exchange. Those who are lawfully present in this country would be able to participate.
Undocumented immigrants would be able to buy insurance in the non-exchange private market, just as they do today. That market will shrink as the exchange takes hold, but it will still exist and will be subject to reforms such as the bans on pre-existing conditions and caps.
Verification will be required when purchasing health insurance on the exchange. One option is the SAVE program (Systematic Alien Verification for Entitlements) which states currently use to make sure that undocumented immigrants don’t participate in safety-net programs for which they are ineligible.
There would be no change in the law that requires emergency rooms to treat people who need emergency care, including undocumented immigrants. There is already a federal grant program that compensates states for emergency room costs associated with treatment of undocumented immigrants, a provision sponsored by a Republican lawmaker.
http://firstread.msnbc.msn.com/archive/2009/09/11/2065287.aspx
gordo on September 13, 2009 at 11:00 PM
Related parody: “Illegal Immigrant Advocate Yells “You Don’t Lie Convincingly Enough!” During Obama’s Health Care Address”: http://optoons.blogspot.com/2009/09/illegal-immigrant-advocate-yells-you.html
Mervis Winter on September 14, 2009 at 7:00 PM
<blockquoteAs I pointed out before, whether Wilson or Obama is right on the subject depends upon which health care bill one looks at.
No, actually the 9th and 10th Courts of Appeals have ruled the Illegal Aliens CANNOT be excluded from ANY State or Federal program or benefit. Obama knows this, the gaggle of lawyers Obama consults know this and Joe Wilson also knows this which is why Wilson called Obama a liar, Wilson is right, Obama IS a liar.
nelsonknows on September 15, 2009 at 9:58 AM