English subtitles for clip: File:03-28-2012 -Press Briefing by Deputy Press Secretary Josh Earnest.webm

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Mr. Earnest:
Good afternoon, everybody.

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It's nice to see you all.

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I don't know if there's anybody
who made the trek back from

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Seoul and showed up -- oh,
there's one in the back.

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The Press:
Just for you, Josh.

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Mr. Earnest:
I think in your --
I appreciate that.

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I take that as a compliment.

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I think on your body clock it's
probably like 4 in the morning,

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so good evening to you.

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(laughter)

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Good afternoon to
the rest of you.

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Before we get started, I do
have a brief announcement.

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The President will sign both the
Stock Act and the startup bill

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at separate signing
ceremonies here at the White

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House next week.

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We'll have more details on
timing and logistics around

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those ceremonies
in the coming days,

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but you should know that the
bipartisan members who played a

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role in getting these bills to
the President's desk will be

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invited to attend
the ceremonies.

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So that's something
to look forward to.

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There's a week
ahead on Wednesday,

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so take the early thing there.

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And with that, Ken, do you
want to get us started?

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The Press:
Sure.

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Josh, there's been a lot of
focus on the health care

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arguments before the Supreme
Court the last few days.

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Is the administration concerned
that the entire health care law

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may be in jeopardy,
and, more specifically,

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the individual mandate
portion of the law?

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Mr. Earnest:
Ken, I can tell you that the
administration remains confident

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that the Affordable Care
Act is constitutional.

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One of the reasons for that is
because the individual provision

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-- individual responsibility
provision that you cite was

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originally a Republican idea.

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This is a novel, policy solution
that was conceived of by the

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Heritage Foundation, was
promoted by conservative

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Republicans in Washington D.C.
as a solution to difficult

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health care challenges, and it
was an idea that was put forward

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as the central part of the
plan that was advanced by the

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Republican governor
of Massachusetts,

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who put in place his own
health care reform proposal.

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So the Affordable Care
Act is a bipartisan plan,

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and it's one that we
believe is constitutional.

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The Press:
Does the White
House think, though,

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that some of the questions that
were raised in the oral argument

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could be indicative of where the
justices are leaning in this?

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Mr. Earnest:
No.

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Anybody who has -- believes
that you can try to predict the

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outcome of a Supreme Court case
based solely on the questions of

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the justices is not a very good
student of the Supreme Court.

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In fact, there have been lower
court cases on this very issue,

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on the Affordable Care Act,
where conservative judges have

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posed difficult, tough
questions to Department of

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Justice lawyers.

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And at least in a
couple of those cases,

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these conservative judges,
despite their tough questions,

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ended up ruling --
ended up upholding the

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Affordable Care Act.

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So I'm referring of course to
Judges Sutton and Silberman.

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So I would caution against
anyone to try to make

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predictions about the outcome of
this case based solely on the

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tenor of the questions.

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The Press:
And just a separate topic -- oil
prices are down about 2% today

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amid reports that there may
be a release of oil reserves.

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France's government said that
the U.S. asked it to consider

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releasing oil from its
strategic reserves.

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I'm wondering if you could
comment on that report,

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and whether there could be
plans underway to release

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strategic reserves.

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Mr. Earnest:
I have seen those reports, Ken.

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I don't have anything
new for you, though.

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I mean, as we have
said repeatedly,

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while this is an option
that remains on the table,

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no decisions have been made
and no specific actions have

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been proposed.

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The Press:
So is the administration saying
that they have not contacted

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France about this?

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Mr. Earnest:
I don't have any specific
conversations to read

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out to you.

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I mean, it should be no surprise
that on a whole range of energy

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issues -- I mean, this -- as
we've gone through great pains

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to describe from this podium
and from other places --

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the challenges that are posed
by the volatile gas prices is a

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global phenomenon.

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And so, it should be no
surprise to you that the Obama

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administration, particularly
folks at the State Department

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and others, have been in contact
with their counterparts to talk

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about trying to
address this challenge.

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But as it relates
to specific actions,

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I don't have anything
for you on that.

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Jeff.

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The Press:
Thanks, Josh.

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I'd like to follow up
on both of those topics.

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Mr. Earnest:
Okay.

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The Press:
I'll start with energy.

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Without confirming
your talks with France,

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Germany also responded to these
reports today and said that they

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don't think it is appropriate or
that the conditions are there

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for a strategic oil release.

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Is that a concern to the
administration as you're

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pursuing these options?

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Mr. Earnest:
It's not.

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As I mentioned, we are
coordinating with our partners

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around the globe to confront the
global phenomenon that is the

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volatility in the energy
markets right now.

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But I don't have anything -- any
specific guidance for you on the

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Strategic Petroleum Reserve
other than to tell you something

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that we've said many times,
which is that it's an option on

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the table.

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But anybody who tries
to convince you --

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in this government or any
other government, frankly --

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that specific decisions have
been made or actions have been

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proposed is not
speaking accurately.

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The Press:
But even if decisions
haven't been made,

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clearly if it's an option on the
table you need to build up some

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support for it.

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And it doesn't look like
you have enough support,

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at least from some countries,
to make it a viable option.

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Mr. Earnest:
Well, I'm not in a
position, from this podium,

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to read out the details of the
kinds of conversations that

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we're having on this
particular topic.

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The Press:
One follow up on health care.

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James Carville said yesterday
that if the court did strike

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down the law, that that would
politically actually be a winner

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for Democrats going
into the election.

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Do you share that assessment?

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Mr. Earnest:
Mr. Carville has the freedom
to make those kinds of political

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assessments from television
studios and from other places.

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And there are many other people
in Washington, D.C. who also

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avail themselves to the
opportunity to draw some

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political connections.

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I'm not in a position
to do that from here.

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The policy that Mr. Verrilli
has been defending before the

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Supreme Court is a policy -- is
a bill, the Affordable Care Act,

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that was passed by a
majority of the House,

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that was passed by a
majority of the Senate,

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and was signed into law by the
President of the United States.

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And there are people all across
the country who are enjoying the

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benefits of that legislation's
passage already.

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There are 2.5 million young
adults who have health insurance

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on their parents' plan because
of the Affordable Care Act.

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There are 5.1 million seniors
on Medicare who have saved more

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than $3 billion on their
prescription drug costs.

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We are already seeing consumer
protections being put in place

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that will reign in the power
and the authority of insurance

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companies to take
advantage of patients.

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What we're focused on are the
benefits of this piece of

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legislation and
implementing this bill --

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all the provisions
of this bill --

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so that we can maximize for the
American people the benefits of

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this piece of legislation.

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There are plenty of people
who are willing to talk about

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the politics.

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What we're focused on is putting
in place a policy that's going

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to have a tangible difference in
the lives of people all across

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the country.

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Jessica.

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The Press:
This morning, the White House
Counsel put out a statement

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describing Solicitor General
Verrilli as "extraordinarily

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talented advocate who ably and
skillfully represented the U.S.

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before the court."

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Why did the White House feel
the need to put out a statement

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defending the Solicitor General?

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Mr. Earnest:
Because somebody asked.

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I would point out that --

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The Press:
You don't always put out
statements to everything --

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in response to
everything we ask.

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(laughter)

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You'd be very busy.

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Mr. Earnest:
You're asking me now.

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I would point out that -- as I
was thinking about getting this

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question today -- that it is a
little bit ironic that you're

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asking somebody who is standing
behind a podium answering tough

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questions from people on the
record about the performance of

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somebody else who is standing
behind a podium asking tough

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questions on the record
on a difficult issue.

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What I can tell you is, is that
staff at the White House agree

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wholeheartedly with the
sentiments that were described

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by Ms. Ruemmler today.

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Mr. Verrilli is a very talented
advocate and a skilled lawyer;

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he's one of the brightest
legal minds in Washington, D.C.

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And we've had complete
confidence in his performance

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before the Supreme Court.

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The Press:
Has the President listened
to any of the audio from the

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Supreme Court proceedings, and
does he feel like he has the

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best person
representing this case?

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Mr. Earnest:
As you know, the President
was on a plane most of the day

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yesterday coming
back from Seoul.

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So I don't know whether or not
he has listened to the actual

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audio recordings of the case.

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He has been kept apprised of the
case by reading news reports and

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by talking to his staff.

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And I think that the takeaway
from the arguments of the last

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couple of days, that many of us
at the White House here have

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concluded, is that Mr. Verrilli
isn't just an effective advocate

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for the Obama administration,
but he's also an effective

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advocate for the 5.1 million
seniors that have saved $3.1,

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$3.2 billion in their
prescription drug costs.

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He's somebody who isn't an
advocate for the government;

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he's an advocate for the 54
million Americans who have

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enjoyed free preventative care
through their private insurance

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because of the
Affordable Care Act.

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This is the reason that the
President worked so hard to pass

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health care reform by working
with Congress to pass it through

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the House, to pass it
through the Senate.

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And these are the principles
that we're focused on as we

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implement the bill
moving forward.

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The Press:
Can I ask a quick one on Syria?

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Mr. Earnest:
Sure.

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The Press:
The Syrians have agreed to
Kofi Annan's peace plan.

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I'm wondering if in any
way this deters the --

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if this encourages the White
House or changes the President's

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view that Assad must go.

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Mr. Earnest:
It does not change that view.

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We've heard promises from
the Assad regime before.

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And we will judge the Assad
regime on their actions,

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not on their comments.

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Ann.

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The Press:
Thanks, Josh.

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Maybe you can answer some of
the questions that Mr. Verrilli

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didn't seem to be able
to satisfy the justices

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with yesterday.

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Is health care so special that
requiring people to buy health

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insurance is a good idea?

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Is there anything this
administration would ask

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Americans to buy, from
cell phones to broccoli?

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Mr. Earnest:
I'm not going to weigh
in from here, Ann.

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Mr. Verrilli is a
very skilled advocate.

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I assume that -- he certainly is
one of the brightest legal minds

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in Washington, D.C.

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I assume he did very
well in law school;

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I didn't even do
very well on the LSAT.

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(laughter)

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So I wouldn't want to put up
my legal analysis against his,

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frankly because I think that he
did an extraordinarily good job

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of representing the opinion of
the government on that issue.

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The Press:
Then why, then, the President
has this confidence that the

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00:10:58,367 --> 00:11:02,237
entire law and the
mandate will be upheld?

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00:11:02,233 --> 00:11:04,563
Mr. Earnest:
Well, I think I referred to it
in my earlier answer to Ken's

241
00:11:04,567 --> 00:11:07,237
question, which is that this is
originally a Republican idea.

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00:11:07,233 --> 00:11:08,533
Republicans, at
one point in time,

243
00:11:08,533 --> 00:11:09,833
certainly thought the
individual response --

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00:11:09,834 --> 00:11:11,604
The Press:
But why -- so it's
a Republican idea.

245
00:11:11,600 --> 00:11:13,630
But why does that remain
to get constitutional?

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00:11:13,633 --> 00:11:16,203
Mr. Earnest:
Well, I think I'm merely
citing that there are plenty of

247
00:11:16,200 --> 00:11:19,100
Republicans who at least one
point in their career advocated

248
00:11:19,100 --> 00:11:20,100
this decision.

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00:11:20,100 --> 00:11:21,800
I assume that one of the reasons
they did that was because they

250
00:11:21,800 --> 00:11:23,400
thought it was a
constitutional decision,

251
00:11:23,400 --> 00:11:29,470
or a constitutional way to lower
costs and to expand access to

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00:11:29,467 --> 00:11:31,497
health insurance for people
all across the country.

253
00:11:31,500 --> 00:11:34,830
That is what this has achieved.

254
00:11:34,834 --> 00:11:40,304
And again, I would caution you
and others about interpreting,

255
00:11:40,300 --> 00:11:43,230
or assuming that they can
predict the outcome in this case

256
00:11:43,233 --> 00:11:46,033
based solely on the tenor of the
questions from the justices on

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00:11:46,033 --> 00:11:47,203
the Supreme Court.

258
00:11:47,200 --> 00:11:51,100
That's not a -- that's a risky
path to go down, if you're

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00:11:51,100 --> 00:11:52,130
placing bets.

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00:11:52,133 --> 00:11:55,433
The Press:
Does that mean there's still
no work here on what if,

261
00:11:55,433 --> 00:11:57,803
if the mandate
would be overturned?

262
00:11:57,800 --> 00:11:58,800
Mr. Earnest:
That's correct.

263
00:11:58,800 --> 00:11:59,800
We're focused on
implementing the bill --

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00:11:59,800 --> 00:12:01,300
and all of the
provisions of the bill --

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00:12:01,300 --> 00:12:03,470
so that we can make sure that we
maximize the benefits on behalf

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00:12:03,467 --> 00:12:04,467
of the American people.

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00:12:04,467 --> 00:12:05,797
Let me move around a little bit.

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00:12:05,800 --> 00:12:06,600
Christi.

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00:12:06,600 --> 00:12:07,700
The Press:
Josh, thank you.

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00:12:07,700 --> 00:12:12,300
Does the President view Russia
as the big geopolitical foe to

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00:12:12,300 --> 00:12:14,500
the U.S.?

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00:12:14,500 --> 00:12:18,000
Mr. Earnest:
Well, Christi, you don't have
to be a foreign policy expert to

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00:12:18,000 --> 00:12:20,970
know that the Cold War
ended 20 years ago,

274
00:12:20,967 --> 00:12:24,697
and that the greatest threat
that the President has been

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00:12:24,700 --> 00:12:26,470
fighting on behalf of the
American people is the threat

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00:12:26,467 --> 00:12:28,197
posed by al Qaeda.

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00:12:28,200 --> 00:12:34,230
There are also significant
threats that are posed by

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00:12:34,233 --> 00:12:38,403
nations like Iran and North
Korea that have failed to live

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00:12:38,400 --> 00:12:44,400
up to their international
obligations when it comes to

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00:12:44,400 --> 00:12:46,030
nuclear weapons.

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00:12:46,033 --> 00:12:48,203
And the irony is,
is that Russia --

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00:12:48,200 --> 00:12:50,730
particularly in the cases
of North Korea and Iran --

283
00:12:50,734 --> 00:12:54,064
have worked very well with the
international community to

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00:12:54,066 --> 00:12:57,536
isolate those two regimes and to
seek a diplomatic solution to

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00:12:57,533 --> 00:12:59,903
hold those two regimes
accountable for living up to

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00:12:59,900 --> 00:13:02,130
their international obligations.

287
00:13:02,133 --> 00:13:05,763
The Press:
So who does the U.S. view
as a geopolitical foe then?

288
00:13:05,767 --> 00:13:10,397
Mr. Earnest:
Well, I think the one that
I cited was al Qaeda.

289
00:13:10,400 --> 00:13:13,130
Certainly the President has
been focused on disrupting,

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00:13:13,133 --> 00:13:17,733
dismantling and defeating
al Qaeda in Afghanistan,

291
00:13:17,734 --> 00:13:18,764
but all across the globe.

292
00:13:18,767 --> 00:13:21,037
And certainly our men and women
in uniform have been on the

293
00:13:21,033 --> 00:13:23,333
front lines of that effort,
and many of them have borne a

294
00:13:23,333 --> 00:13:26,333
significant burden in the
progress that we've made

295
00:13:26,333 --> 00:13:27,963
on that front.

296
00:13:27,967 --> 00:13:32,437
Certainly the threat that's
posed by Iran and North Korea --

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00:13:32,433 --> 00:13:35,063
their unwillingness to live up
to international obligations

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00:13:35,066 --> 00:13:37,666
when it comes to
nuclear weapons.

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00:13:37,667 --> 00:13:39,767
That's why the President has
worked aggressively with our

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00:13:39,767 --> 00:13:41,597
international partners,
with people all across --

301
00:13:41,600 --> 00:13:45,300
with countries all around the
globe to isolate those regimes,

302
00:13:45,300 --> 00:13:48,870
to hold them accountable for
flouting their international

303
00:13:48,867 --> 00:13:52,537
obligations, and to seek a
diplomatic path to resolving

304
00:13:52,533 --> 00:13:54,703
those differences of opinion.

305
00:13:54,700 --> 00:13:56,930
The Press:
Was the President surprised to
hear Speaker Boehner say that

306
00:13:56,934 --> 00:13:58,834
you shouldn't -- people
shouldn't criticize the

307
00:13:58,834 --> 00:14:00,864
President when he's
traveling overseas?

308
00:14:00,867 --> 00:14:03,767
What did he think
of that remark?

309
00:14:03,767 --> 00:14:06,297
Mr. Earnest:
Because I didn't travel
with him to Seoul,

310
00:14:06,300 --> 00:14:08,970
I don't know when he found
out about that remark.

311
00:14:08,967 --> 00:14:11,997
I know that he was very focused
on the work that he was doing

312
00:14:12,000 --> 00:14:13,100
in Seoul.

313
00:14:13,100 --> 00:14:16,270
So I'm not sure that I can gauge
his reaction to those comments.

314
00:14:16,266 --> 00:14:17,896
Cheryl.

315
00:14:17,900 --> 00:14:19,200
The Press:
Thanks, Josh.

316
00:14:19,200 --> 00:14:22,330
Is the White House at all
concerned about the difficulties

317
00:14:22,333 --> 00:14:24,633
in Congress right now
with the highway bill?

318
00:14:24,633 --> 00:14:27,963
And does it support
a 60-day extension,

319
00:14:27,967 --> 00:14:32,397
which has been proposed
today, for funding?

320
00:14:32,400 --> 00:14:34,700
Mr. Earnest:
Well, what I can
tell you, Cheryl,

321
00:14:34,700 --> 00:14:38,230
is that we have an opportunity
to keep American workers in good

322
00:14:38,233 --> 00:14:42,503
jobs maintaining America's
roads, bridges and railways,

323
00:14:42,500 --> 00:14:44,670
but we're waiting on Congress.

324
00:14:44,667 --> 00:14:47,537
In a matter of days,
construction sites will go idle,

325
00:14:47,533 --> 00:14:51,033
workers will have to go home and
our economy will take a hit.

326
00:14:51,033 --> 00:14:53,263
The Senate has done their part
by passing a bill with strong

327
00:14:53,266 --> 00:14:55,836
bipartisan support, and now
it's time for the House to

328
00:14:55,834 --> 00:14:57,234
follow suit.

329
00:14:57,233 --> 00:14:59,563
They should put the country --
the interests of the country

330
00:14:59,567 --> 00:15:02,167
before the interests of their
party and pass a bipartisan bill

331
00:15:02,166 --> 00:15:04,436
to keep American
workers on the job.

332
00:15:04,433 --> 00:15:05,963
The President talked about this
a little bit in the weekly

333
00:15:05,967 --> 00:15:07,867
address last week, as well.

334
00:15:07,867 --> 00:15:12,767
And so it's our view that the
House should act quickly to

335
00:15:12,767 --> 00:15:15,197
ensure that the
bill doesn't expire,

336
00:15:15,200 --> 00:15:16,800
and to ensure that workers
can stay on the job.

337
00:15:16,800 --> 00:15:18,600
And they should be able to
act in bipartisan fashion to

338
00:15:18,600 --> 00:15:19,730
get that done.

339
00:15:19,734 --> 00:15:21,464
The Press:
Is a 60-day extension okay?

340
00:15:21,467 --> 00:15:24,697
Because it runs out at the end
of the week and if they're --

341
00:15:24,700 --> 00:15:26,930
Mr. Earnest:
Well, what we've -- as I
said in the statement,

342
00:15:26,934 --> 00:15:31,264
what we'd like to see the House
do is to pass a bipartisan bill.

343
00:15:31,266 --> 00:15:32,136
Roger.

344
00:15:32,133 --> 00:15:33,463
The Press:
Thank you.

345
00:15:33,467 --> 00:15:38,897
Back to oil -- were the talks
with the French folks today,

346
00:15:38,900 --> 00:15:43,170
were they related to easing
gasoline prices worldwide and in

347
00:15:43,166 --> 00:15:44,066
the U.S.?

348
00:15:44,066 --> 00:15:48,266
Or were they more aimed at
the coming Iranian sanctions?

349
00:15:48,266 --> 00:15:52,396
Mr. Earnest:
I don't have any specific
conversations to read out to

350
00:15:52,400 --> 00:15:54,770
you, with the French government
or any other government

351
00:15:54,767 --> 00:15:55,637
at this point.

352
00:15:55,633 --> 00:15:57,463
The Press:
Well, can you -- were
they related to the

353
00:15:57,467 --> 00:15:58,967
Iranian sanctions?

354
00:15:58,967 --> 00:16:01,037
Mr. Earnest:
I'm not able -- I don't have
any conversations to read

355
00:16:01,033 --> 00:16:02,433
out to you.

356
00:16:02,433 --> 00:16:05,363
The Press:
Walk me through, more generally,
what needs to happen before the

357
00:16:05,367 --> 00:16:07,397
oil is released.

358
00:16:07,400 --> 00:16:10,530
Mr. Earnest:
Well, my understanding is that
the Department of Energy is the

359
00:16:10,533 --> 00:16:12,303
one that's responsible for
managing the Strategic

360
00:16:12,300 --> 00:16:13,300
Petroleum Reserve.

361
00:16:13,300 --> 00:16:15,070
And so in terms of
the mechanics of that,

362
00:16:15,066 --> 00:16:16,596
I'd refer your
questions to them.

363
00:16:16,600 --> 00:16:19,200
The Press:
Okay, but you're holding
talks with foreign --

364
00:16:19,200 --> 00:16:21,270
leaders in foreign
capitals and stuff.

365
00:16:21,266 --> 00:16:23,096
So that's got to
come through first.

366
00:16:23,100 --> 00:16:26,430
Mr. Earnest:
Well, again, I don't have any
specific conversations to read

367
00:16:26,433 --> 00:16:27,303
out to you.

368
00:16:27,300 --> 00:16:31,370
As I pointed out, we are
constantly in contact with

369
00:16:31,367 --> 00:16:36,937
countries all around the world
to try to confront the global

370
00:16:36,934 --> 00:16:40,904
phenomenon of volatile
energy prices.

371
00:16:40,900 --> 00:16:44,870
But in terms of who we've been
talking to or what kinds of

372
00:16:44,867 --> 00:16:47,797
conversations or what those
conversations could lead to,

373
00:16:47,800 --> 00:16:49,730
I just don't have any
information for you right now.

374
00:16:49,734 --> 00:16:50,664
The Press:
I'll try one more.

375
00:16:50,667 --> 00:16:53,297
The President is supposed to be
making a decision on sanctions

376
00:16:53,300 --> 00:16:57,670
on or around April 1st,
depending on supplies.

377
00:16:57,667 --> 00:17:02,497
Today, the DOE reported oil
inventories were the highest in

378
00:17:02,500 --> 00:17:04,500
20 months.

379
00:17:04,500 --> 00:17:09,230
Does that accelerate the
prospects of a release?

380
00:17:09,233 --> 00:17:14,663
Mr. Earnest:
I'll have to take
that question for you.

381
00:17:14,667 --> 00:17:18,197
I'm not sure of -- again, the
mechanics of this decision --

382
00:17:18,200 --> 00:17:20,670
if it were a decision
that were to be made --

383
00:17:20,667 --> 00:17:24,367
are something that
I'm not steeped in.

384
00:17:24,367 --> 00:17:27,067
The Department of Energy may be
able to shed some more light on

385
00:17:27,066 --> 00:17:28,496
if that's a decision
that's made,

386
00:17:28,500 --> 00:17:32,030
how that would be effectuated.

387
00:17:32,033 --> 00:17:32,903
Laura.

388
00:17:32,900 --> 00:17:33,670
The Press:
Thanks.

389
00:17:33,667 --> 00:17:34,537
Following up on one
of Ann's questions,

390
00:17:34,533 --> 00:17:38,833
are you saying that there are no
conversations in the White House

391
00:17:38,834 --> 00:17:41,504
about what you would do
if this law were fully or

392
00:17:41,500 --> 00:17:43,030
partly overturned?

393
00:17:43,033 --> 00:17:44,403
Mr. Earnest:
What I'm saying is that
we believe the law is

394
00:17:44,400 --> 00:17:48,670
constitutional, and that we are
focused on implementing all of

395
00:17:48,667 --> 00:17:50,437
the provisions of the
Affordable Care Act.

396
00:17:50,433 --> 00:17:52,333
The Press:
Well, then, let me ask,
are there any conversations

397
00:17:52,333 --> 00:17:53,363
going on?

398
00:17:53,367 --> 00:17:56,037
I mean, I understand
you're focused on that.

399
00:17:56,033 --> 00:17:58,603
But, I mean, I think the
question that she was getting at

400
00:17:58,600 --> 00:18:01,370
and that I'd like to get at is,
are you also doing a little bit

401
00:18:01,367 --> 00:18:03,297
of contingency
planning just in case?

402
00:18:03,300 --> 00:18:07,000
Mr. Earnest:
We're not, no.

403
00:18:07,000 --> 00:18:12,100
The Press:
Either on the policy side or
on the political messaging side?

404
00:18:12,100 --> 00:18:13,970
Mr. Earnest:
That's correct.

405
00:18:13,967 --> 00:18:19,037
We're confident that the
legislation is constitutional.

406
00:18:19,033 --> 00:18:22,863
We are focused on implementing
all the provisions of the law,

407
00:18:22,867 --> 00:18:25,937
as I've described, because
they're important benefits that

408
00:18:25,934 --> 00:18:27,964
will be realized by
the American public.

409
00:18:27,967 --> 00:18:29,137
That's where our focus is.

410
00:18:29,133 --> 00:18:33,403
If there's a reason or a
need for us to consider some

411
00:18:33,400 --> 00:18:35,800
contingencies down the line,
then we'll do it then.

412
00:18:35,800 --> 00:18:39,670
But, as I said, it's foolhardy
to try to predict the outcome of

413
00:18:39,667 --> 00:18:43,937
this decision based solely on
the questions of the judges.

414
00:18:43,934 --> 00:18:45,864
I'm certainly not going
to do that from here.

415
00:18:45,867 --> 00:18:47,897
But we're going to stay focused
on what we believe is most

416
00:18:47,900 --> 00:18:50,730
important, which is implementing
this law in a way that maximizes

417
00:18:50,734 --> 00:18:52,364
the benefit to the
American people.

418
00:18:52,367 --> 00:18:54,697
The Press:
But you're not going to have any
better indication between now

419
00:18:54,700 --> 00:18:56,570
and June as to where
this comes out.

420
00:18:56,567 --> 00:18:58,697
So then, if it were to
go the other way in June,

421
00:18:58,700 --> 00:19:01,200
you're saying the White House
would be basically starting from

422
00:19:01,200 --> 00:19:03,800
essentially square one in
figuring out how to deal with

423
00:19:03,800 --> 00:19:07,000
it, if it goes the other way?

424
00:19:07,000 --> 00:19:09,230
Mr. Earnest:
Well, when you say, "it
goes the other way,"

425
00:19:09,233 --> 00:19:12,603
it's difficult to determine
exactly what you mean.

426
00:19:12,600 --> 00:19:13,830
The Press:
I mean, if the mandate
were overturned.

427
00:19:13,834 --> 00:19:15,234
Mr. Earnest:
Because there are a lot of
different ways in which they

428
00:19:15,233 --> 00:19:18,063
could rule on this front, right?

429
00:19:18,066 --> 00:19:20,266
There are a lot of different
things that they could find one

430
00:19:20,266 --> 00:19:21,266
way or the other.

431
00:19:21,266 --> 00:19:22,936
We remain confident that they're
going to find the entire

432
00:19:22,934 --> 00:19:24,434
thing constitutional.

433
00:19:24,433 --> 00:19:27,863
And so we're focused on doing
-- controlling what we control,

434
00:19:27,867 --> 00:19:30,637
which is implementing the
Affordable Care Act in a way

435
00:19:30,633 --> 00:19:33,033
that promptly and efficiently
maximizes the benefit for the

436
00:19:33,033 --> 00:19:34,663
American people.

437
00:19:34,667 --> 00:19:35,967
The Press:
I'm sure you
understood my question,

438
00:19:35,967 --> 00:19:37,497
but I'll ask it again
just to make sure --

439
00:19:37,500 --> 00:19:38,530
(laughter)

440
00:19:38,533 --> 00:19:39,833
-- 100% sure, which is that --

441
00:19:39,834 --> 00:19:40,834
Mr. Earnest:
I'm not sure that I do.

442
00:19:40,834 --> 00:19:43,064
You maybe give me a
little too much credit.

443
00:19:43,066 --> 00:19:44,296
The Press:
I know you.

444
00:19:44,300 --> 00:19:47,970
If the mandate was overturned --
which is the heart of the law --

445
00:19:47,967 --> 00:19:50,137
or if the full law
were overturned,

446
00:19:50,133 --> 00:19:54,003
in either of those circumstances
are you saying that you're not

447
00:19:54,000 --> 00:19:56,700
really worried about either one
of those things, and, therefore,

448
00:19:56,700 --> 00:19:59,500
if it happens you'll
worry about it then?

449
00:19:59,500 --> 00:20:01,830
Mr. Earnest:
I can tell you that there
is no contingency plan

450
00:20:01,834 --> 00:20:02,834
that's in place.

451
00:20:02,834 --> 00:20:04,834
We're focused on
implementing the law.

452
00:20:04,834 --> 00:20:07,534
And we are confident that
the law is constitutional.

453
00:20:07,533 --> 00:20:09,863
The Press:
Wouldn't it be responsible
to be ready though in case

454
00:20:09,867 --> 00:20:10,867
something happens?

455
00:20:10,867 --> 00:20:11,897
I mean, this is a
real possibility.

456
00:20:11,900 --> 00:20:17,200
Even your supporters on the
Hill are saying it's possible.

457
00:20:17,200 --> 00:20:20,630
Mr. Earnest:
What we're focused on, Ed, is
we're focused on maximizing the

458
00:20:20,633 --> 00:20:21,633
benefits of this law.

459
00:20:21,633 --> 00:20:25,833
And that is a function of
controlling what we can control.

460
00:20:25,834 --> 00:20:27,834
We put forward a talented
advocate to stand before the

461
00:20:27,834 --> 00:20:30,864
Supreme Court and make the legal
justification for why we believe

462
00:20:30,867 --> 00:20:32,197
the law is constitutional.

463
00:20:32,200 --> 00:20:34,300
He delivered a persuasive case.

464
00:20:34,300 --> 00:20:36,770
And we're going to go back to
the work that we've been focused

465
00:20:36,767 --> 00:20:39,237
on from the beginning, which is
implementing this law in a way

466
00:20:39,233 --> 00:20:41,703
that maximizes the benefits
of all the provisions.

467
00:20:41,700 --> 00:20:44,030
The Press:
When you say a "talented
advocated" and "made a

468
00:20:44,033 --> 00:20:47,063
persuasive case," how does that
square with the audio of the

469
00:20:47,066 --> 00:20:49,966
Solicitor General coughing
and stammering and seeming to

470
00:20:49,967 --> 00:20:54,097
struggle answering questions?

471
00:20:54,100 --> 00:20:57,430
Mr. Earnest:
Well, Ed, I know you're a bit
of a college basketball fan.

472
00:20:57,433 --> 00:21:00,403
And I know that there have been
a lot of people who have had a

473
00:21:00,400 --> 00:21:05,600
lot of commentary about the
Solicitor General's performance.

474
00:21:05,600 --> 00:21:07,770
I'm looking forward to tuning
in to the semifinal games this

475
00:21:07,767 --> 00:21:09,397
weekend; I assume
that you are too.

476
00:21:09,400 --> 00:21:11,800
And when we tune in, we're going
to hear Clark Kellogg sitting on

477
00:21:11,800 --> 00:21:15,200
the sidelines delivering some
color commentary of the game.

478
00:21:15,200 --> 00:21:18,430
I'm sure it will be analytical,
I'm sure it will be insightful,

479
00:21:18,433 --> 00:21:20,233
It will probably
be entertaining.

480
00:21:20,233 --> 00:21:22,133
But it's not going to
change the outcome.

481
00:21:22,133 --> 00:21:23,133
The Press:
Okay, a fair point.

482
00:21:23,133 --> 00:21:25,033
But it's not just the
commentary or the pundits.

483
00:21:25,033 --> 00:21:27,163
It's the actual audio that
people are hearing --

484
00:21:27,166 --> 00:21:28,166
even you can hear it.

485
00:21:28,166 --> 00:21:29,166
Have people in the White
House listened to him

486
00:21:29,166 --> 00:21:30,836
stammering, struggling?

487
00:21:30,834 --> 00:21:31,834
It's not punditry.

488
00:21:31,834 --> 00:21:33,464
It's actual listening
to the audio.

489
00:21:33,467 --> 00:21:35,037
And to Jessica's
question earlier,

490
00:21:35,033 --> 00:21:37,363
you don't respond to
every question we have.

491
00:21:37,367 --> 00:21:38,897
Mr. Earnest:
I do my best.

492
00:21:38,900 --> 00:21:40,570
The Press:
No, no, and you guys
pride yourself on saying,

493
00:21:40,567 --> 00:21:42,567
we don't listen to the
cable chatter out there.

494
00:21:42,567 --> 00:21:43,597
Mr. Earnest:
That's true.

495
00:21:43,600 --> 00:21:45,830
The Press:
Well, there was cable chatter
yesterday saying that he bombed.

496
00:21:45,834 --> 00:21:48,304
And you felt compelled to say,
well, no, he did a great job.

497
00:21:48,300 --> 00:21:50,170
Aren't you on the
defensive about that?

498
00:21:50,166 --> 00:21:51,966
Did you feel pressure
to defend him?

499
00:21:51,967 --> 00:21:52,967
Mr. Earnest:
Not at all.

500
00:21:52,967 --> 00:21:55,497
What Mr. Verrilli delivered was
a very solid performance before

501
00:21:55,500 --> 00:21:56,500
the Supreme Court.

502
00:21:56,500 --> 00:21:57,500
That's just a fact.

503
00:21:57,500 --> 00:21:59,230
If there are
questions about that,

504
00:21:59,233 --> 00:22:01,703
I'm happy to answer
those questions.

505
00:22:01,700 --> 00:22:04,570
We feel good about
his performance.

506
00:22:04,567 --> 00:22:06,137
And, like I said, there are a
lot of people who are going to

507
00:22:06,133 --> 00:22:08,903
sit on the sidelines and weigh
in with their commentary and

508
00:22:08,900 --> 00:22:11,330
probably try to assign style
points to one advocate or

509
00:22:11,333 --> 00:22:12,333
the other.

510
00:22:12,333 --> 00:22:17,103
What we're confident in is we're
confident that this is a law

511
00:22:17,100 --> 00:22:20,970
that when you examine the
constitutional ramifications of

512
00:22:20,967 --> 00:22:23,767
implementing the law, that
you'll find that the law

513
00:22:23,767 --> 00:22:25,167
is constitutional.

514
00:22:25,166 --> 00:22:27,096
The Press:
Last thing on the
Trayvon Martin case --

515
00:22:27,100 --> 00:22:29,200
since the President spoke
out about it late last week,

516
00:22:29,200 --> 00:22:31,670
as you know, new facts
have emerged in the case.

517
00:22:31,667 --> 00:22:34,437
They are still just allegations;
nobody really knows exactly what

518
00:22:34,433 --> 00:22:36,503
happened, law enforcement
is investigating.

519
00:22:36,500 --> 00:22:37,870
But in light of the
new facts emerging,

520
00:22:37,867 --> 00:22:40,667
does the President have any
regret about speaking out on it

521
00:22:40,667 --> 00:22:44,067
before that
investigation is done?

522
00:22:44,066 --> 00:22:46,536
Mr. Earnest:
What I can tell you, Ed, is that
the President began his comments

523
00:22:46,533 --> 00:22:50,903
in the Rose Garden on Friday by
talking about the fact that he

524
00:22:50,900 --> 00:22:54,130
didn't want to influence an
investigation that he felt was

525
00:22:54,133 --> 00:22:57,603
important be conducted.

526
00:22:57,600 --> 00:22:59,300
He didn't want to influence an
investigation that he thought

527
00:22:59,300 --> 00:23:02,400
was important to conduct.

528
00:23:02,400 --> 00:23:03,800
And that's how he
began his remarks.

529
00:23:03,800 --> 00:23:09,600
The remarks that he delivered
were a sign of his own

530
00:23:09,600 --> 00:23:13,700
reflection and the way that he
was personally impacted by the

531
00:23:13,700 --> 00:23:17,500
tragic death of this young man.

532
00:23:17,500 --> 00:23:20,870
And we'll let -- I don't want
to weigh in any further because,

533
00:23:20,867 --> 00:23:25,037
as the President has said, there
should be an investigation here

534
00:23:25,033 --> 00:23:27,033
and there's one that's ongoing
that's being conducted by local

535
00:23:27,033 --> 00:23:28,033
law enforcement.

536
00:23:28,033 --> 00:23:30,363
I understand there is a state
commission that's involved,

537
00:23:30,367 --> 00:23:32,497
and I know that there is some
level of Department of Justice

538
00:23:32,500 --> 00:23:33,730
involvement as well.

539
00:23:33,734 --> 00:23:36,834
And those investigations
should proceed.

540
00:23:36,834 --> 00:23:39,004
Mr. Vicara.

541
00:23:39,000 --> 00:23:41,270
The Press:
You're not planning for a
contingency if the Supreme Court

542
00:23:41,266 --> 00:23:43,236
rules against the ACA.

543
00:23:43,233 --> 00:23:47,103
Is that because we go back to
the status quo ante state of

544
00:23:47,100 --> 00:23:50,730
health care in this country
as it was two years prior to

545
00:23:50,734 --> 00:23:52,004
last Thursday?

546
00:23:52,000 --> 00:23:54,570
No need for a contingency
-- status quo ante, right?

547
00:23:54,567 --> 00:23:57,597
What contingency could there be
in the absence of a law that's

548
00:23:57,600 --> 00:23:59,230
been passed and signed
but now struck down by the

549
00:23:59,233 --> 00:24:02,033
Supreme Court?

550
00:24:02,033 --> 00:24:05,163
Mr. Earnest:
Well, what I can tell you is
that there are Republicans,

551
00:24:05,166 --> 00:24:07,196
there are critics of this law
who are advocating for going

552
00:24:07,200 --> 00:24:08,570
back to the status quo.

553
00:24:08,567 --> 00:24:10,297
We will have an opportunity
to have a political debate

554
00:24:10,300 --> 00:24:11,300
about that.

555
00:24:11,300 --> 00:24:13,730
The President believes that the
reforms that have been put in

556
00:24:13,734 --> 00:24:14,734
place are really important.

557
00:24:14,734 --> 00:24:17,804
They've already yielded
significant benefits --

558
00:24:17,800 --> 00:24:21,530
I've recited them a couple of
times, I'll spare you this time.

559
00:24:21,533 --> 00:24:24,203
But there will be a robust
debate between the President's

560
00:24:24,200 --> 00:24:26,800
record on health care reform and
the critics who think that we

561
00:24:26,800 --> 00:24:30,030
should go back to a system in
which insurance companies wield

562
00:24:30,033 --> 00:24:32,763
outsized power and can put
lifetime caps on your benefits

563
00:24:32,767 --> 00:24:35,367
or can kick you off your health
insurance coverage if you get

564
00:24:35,367 --> 00:24:37,967
sick, or can discriminate
against you if you have a

565
00:24:37,967 --> 00:24:39,167
preexisting condition.

566
00:24:39,166 --> 00:24:40,766
The President doesn't believe
that we should go back to the

567
00:24:40,767 --> 00:24:42,237
status quo.

568
00:24:42,233 --> 00:24:43,933
The Press:
You say there's no
contingency plan,

569
00:24:43,934 --> 00:24:46,834
but obviously you're arguing on
the severability on the third

570
00:24:46,834 --> 00:24:48,564
day today before
the Supreme Court,

571
00:24:48,567 --> 00:24:52,497
the government is arguing that
if in fact the mandate is struck

572
00:24:52,500 --> 00:24:54,870
down, it should not mean that
the entire law comes down.

573
00:24:54,867 --> 00:24:58,197
So clearly, there's
a contingency in that

574
00:24:58,200 --> 00:24:59,200
respect, right?

575
00:24:59,200 --> 00:25:02,700
I mean, this is your belief that
if the mandate is struck down,

576
00:25:02,700 --> 00:25:06,430
the law itself survives.

577
00:25:06,433 --> 00:25:09,803
Mr. Earnest:
I'm not in a position from here
to comment on the specific legal

578
00:25:09,800 --> 00:25:11,500
arguments that were made
before the Supreme Court.

579
00:25:11,500 --> 00:25:13,930
The Press:
But that's the official
position of the government,

580
00:25:13,934 --> 00:25:15,404
of the administration.

581
00:25:15,400 --> 00:25:18,830
Mr. Earnest:
It sounds like -- the way that
you've described it does reflect

582
00:25:18,834 --> 00:25:20,434
the position that was argued.

583
00:25:20,433 --> 00:25:23,563
But what's your question?

584
00:25:23,567 --> 00:25:24,867
The Press:
Well, I'm just trying
to get at this question.

585
00:25:24,867 --> 00:25:27,297
I mean, there are in fact
contingency plans, right?

586
00:25:27,300 --> 00:25:32,370
I mean, if the mandate is struck
down, that's a contingency.

587
00:25:32,367 --> 00:25:35,497
Mr. Earnest:
Well, I was asked about
contingency planning;

588
00:25:35,500 --> 00:25:37,400
I said that there is no
contingency planning going on.

589
00:25:37,400 --> 00:25:42,530
We remain fully confident in the
belief that the Affordable Care

590
00:25:42,533 --> 00:25:45,033
Act is constitutional.

591
00:25:45,033 --> 00:25:46,033
Yes, Alexis.

592
00:25:46,033 --> 00:25:47,233
The Press:
Josh, I'm still
confused about this,

593
00:25:47,233 --> 00:25:49,563
because in answer to Laura's
question you said that --

594
00:25:49,567 --> 00:25:52,467
your sentence was, "the Supreme
Court could decide in a lot of

595
00:25:52,467 --> 00:25:55,767
different ways, even if the
administration is confident."

596
00:25:55,767 --> 00:25:59,237
So it would seem -- I'm
just confused about why it's

597
00:25:59,233 --> 00:26:02,503
difficult to say that the
administration would have plans

598
00:26:02,500 --> 00:26:05,670
to address if the
administration is wrong.

599
00:26:05,667 --> 00:26:08,767
Because as head of government,
the President does planning for

600
00:26:08,767 --> 00:26:11,197
all sorts of things; whether he
is using Strategic Petroleum

601
00:26:11,200 --> 00:26:13,370
Reserve, or the
debt ceiling fight.

602
00:26:13,367 --> 00:26:15,897
He is always planning
if something goes awry.

603
00:26:15,900 --> 00:26:17,400
That's all we're asking.

604
00:26:17,400 --> 00:26:21,230
So can you just address what
would be the process even if he

605
00:26:21,233 --> 00:26:22,503
is confident?

606
00:26:22,500 --> 00:26:25,530
Mr. Earnest:
Well, mostly -- the reasons I
don't want to go down that road

607
00:26:25,533 --> 00:26:27,003
are numerous.

608
00:26:27,000 --> 00:26:31,170
The first is because we remain
committed to the belief and are

609
00:26:31,166 --> 00:26:34,296
confident in the belief that
the law is constitutional.

610
00:26:34,300 --> 00:26:36,430
The second is I don't want to
put myself in a position that

611
00:26:36,433 --> 00:26:39,663
many pundits have unwisely
put themselves in,

612
00:26:39,667 --> 00:26:41,967
which is to try to predict the
outcome of the Supreme Court,

613
00:26:41,967 --> 00:26:44,797
to try to predict what they're
going to rule months from now.

614
00:26:44,800 --> 00:26:46,500
I'm not going to put
myself in that position.

615
00:26:46,500 --> 00:26:48,570
What we are focused on doing
-- that was the question I was

616
00:26:48,567 --> 00:26:51,137
asked, what kind of contingency
planning is in place.

617
00:26:51,133 --> 00:26:54,003
And what we're focused on is
we're focused on implementing

618
00:26:54,000 --> 00:26:55,600
all the provisions of the law.

619
00:26:55,600 --> 00:26:56,630
The Press:
Right, but if --

620
00:26:56,633 --> 00:26:59,333
Mr. Earnest:
And if something changes,
then we'll confront it.

621
00:26:59,333 --> 00:27:02,163
But what we're doing right now
is we're focused on implementing

622
00:27:02,166 --> 00:27:05,136
all the provisions of the law to
maximize the benefits of that

623
00:27:05,133 --> 00:27:06,633
law for the American people.

624
00:27:06,633 --> 00:27:10,703
The Press:
But do you also think through,
as the head of government,

625
00:27:10,700 --> 00:27:13,730
what the President and the
Executive Branch would need to

626
00:27:13,734 --> 00:27:16,064
do if something went in
a different direction?

627
00:27:16,066 --> 00:27:18,196
You can do that at the same
time as you're working on

628
00:27:18,200 --> 00:27:19,070
the implementation.

629
00:27:19,066 --> 00:27:20,036
That's all we're asking.

630
00:27:20,033 --> 00:27:22,833
Wouldn't it be responsible
if, 12 weeks from now --

631
00:27:22,834 --> 00:27:25,034
you just already talked about
all the people who are already

632
00:27:25,033 --> 00:27:28,503
receiving benefits -- wouldn't
it be responsible to be thinking

633
00:27:28,500 --> 00:27:31,470
through around the corner,
what if, what if, what if?

634
00:27:31,467 --> 00:27:33,867
Mr. Earnest:
Well, I'm not in a position
to sort of speculate about the

635
00:27:33,867 --> 00:27:35,937
thoughts of all the people that
work at the White House and all

636
00:27:35,934 --> 00:27:37,564
the people that work at the
Department of Health and

637
00:27:37,567 --> 00:27:38,597
Human Services.

638
00:27:38,600 --> 00:27:41,770
But what I can speculate about
and what I can tell you about is

639
00:27:41,767 --> 00:27:43,397
what the focus of
our planning is on.

640
00:27:43,400 --> 00:27:45,970
And the focus of our planning
is on implementing all of the

641
00:27:45,967 --> 00:27:47,767
provisions of the
Affordable Care Act,

642
00:27:47,767 --> 00:27:50,767
not on any sort of
contingency plan.

643
00:27:50,767 --> 00:27:54,637
April.

644
00:27:54,633 --> 00:27:59,233
The Press:
Does this administration feel it
has time between now and June or

645
00:27:59,233 --> 00:28:04,463
July to figure out other
possibilities for outcomes,

646
00:28:04,467 --> 00:28:09,797
as it relates to what's
happening at the Supreme Court?

647
00:28:09,800 --> 00:28:10,970
Mr. Earnest:
No.

648
00:28:10,967 --> 00:28:13,037
It's our view, as I've
said a couple of times now,

649
00:28:13,033 --> 00:28:16,833
that trying to predict the
outcome of a Supreme Court case

650
00:28:16,834 --> 00:28:20,664
based solely on the questioning
of the Justices is a

651
00:28:20,667 --> 00:28:21,767
fool's errand.

652
00:28:21,767 --> 00:28:26,137
And again, people who tried to
do this when they were looking

653
00:28:26,133 --> 00:28:30,163
at lower court cases -- lower
courts who heard the Affordable

654
00:28:30,166 --> 00:28:31,566
Care Act -- there were
a couple of judges,

655
00:28:31,567 --> 00:28:36,767
who were conservative judges,
who were appointed by Republican

656
00:28:36,767 --> 00:28:38,967
Presidents who
asked very difficult,

657
00:28:38,967 --> 00:28:41,437
tough questions of Department
of Justice lawyers.

658
00:28:41,433 --> 00:28:43,933
And based on the answers
that those lawyers gave,

659
00:28:43,934 --> 00:28:46,334
and based on a careful
review of the facts,

660
00:28:46,333 --> 00:28:48,863
those conservative judges
actually ruled to uphold the

661
00:28:48,867 --> 00:28:49,897
Affordable Care Act.

662
00:28:49,900 --> 00:28:50,900
The Press:
Okay.

663
00:28:50,900 --> 00:28:53,000
Mr. Earnest:
So I don't want to be in a
position of trying to predict

664
00:28:53,000 --> 00:28:56,300
who is going to end up where and
what the final conclusion is

665
00:28:56,300 --> 00:28:57,300
going to be.

666
00:28:57,300 --> 00:28:58,300
The Press:
Josh, okay.

667
00:28:58,300 --> 00:29:00,230
Mr. Earnest:
What we're focused on doing is
controlling what it is that we

668
00:29:00,233 --> 00:29:01,263
can control.

669
00:29:01,266 --> 00:29:04,436
And we can control that
by standing up for,

670
00:29:04,433 --> 00:29:09,133
and putting in place, and
preparing an advocate to defend

671
00:29:09,133 --> 00:29:11,063
the constitutionality of the
law before the Supreme Court --

672
00:29:11,066 --> 00:29:12,936
that's something the Justice
Department has done.

673
00:29:12,934 --> 00:29:14,964
And the Department of Health and
Human Services is going to be

674
00:29:14,967 --> 00:29:17,867
focused on implementing the law
in a way that maximizes the

675
00:29:17,867 --> 00:29:20,397
benefits of the law for people
all across the country.

676
00:29:20,400 --> 00:29:22,400
The Press:
Okay, okay.

677
00:29:22,400 --> 00:29:24,400
You have 12 weeks -- and I'm
just going to put it out there

678
00:29:24,400 --> 00:29:28,270
now -- 12 weeks between
now and the time --

679
00:29:28,266 --> 00:29:30,836
the end of this session of the
Supreme Court where they will

680
00:29:30,834 --> 00:29:32,064
make a decision.

681
00:29:32,066 --> 00:29:34,336
I've been here long enough to
know that there's always a

682
00:29:34,333 --> 00:29:38,563
contingency plan from A to even
possibly Z of whatever happens.

683
00:29:38,567 --> 00:29:41,667
You need to tell us
affirmatively right now that

684
00:29:41,667 --> 00:29:44,697
there is nothing that you might
be waiting between and those 12

685
00:29:44,700 --> 00:29:48,300
weeks to figure out, what you're
feeling from whatever you're

686
00:29:48,300 --> 00:29:51,430
feeling around town or
hearing from around town,

687
00:29:51,433 --> 00:29:52,733
and then making a decision then.

688
00:29:52,734 --> 00:29:54,134
Are you going to
tell me you're not --

689
00:29:54,133 --> 00:29:56,563
you don't have anything in the
works of the possibilities down

690
00:29:56,567 --> 00:29:59,797
the road when you're
closer to the time?

691
00:29:59,800 --> 00:30:02,700
Mr. Earnest:
Well, we're not making any
planning based on things that

692
00:30:02,700 --> 00:30:04,030
we're hearing around town.

693
00:30:04,033 --> 00:30:06,503
We're making planning based
on a law that was passed by a

694
00:30:06,500 --> 00:30:08,170
majority of the House
of Representatives,

695
00:30:08,166 --> 00:30:10,296
that was passed by a majority
of the United States Senate,

696
00:30:10,300 --> 00:30:12,500
and was signed into law by the
President of the United States.

697
00:30:12,500 --> 00:30:14,670
This is a law that has yielded
significant benefits for the

698
00:30:14,667 --> 00:30:15,667
American people.

699
00:30:15,667 --> 00:30:17,767
This is a law that says
insurance companies can't kick

700
00:30:17,767 --> 00:30:20,137
you off your insurance coverage
just because you get sick.

701
00:30:20,133 --> 00:30:22,763
There are kids right now who
have health insurance coverage,

702
00:30:22,767 --> 00:30:24,897
even though they have a
pre-existing condition because

703
00:30:24,900 --> 00:30:26,170
of the Affordable Care Act.

704
00:30:26,166 --> 00:30:28,496
The benefits of this law
are what we're focused on.

705
00:30:28,500 --> 00:30:31,270
Trying to guess the outcome of
the Supreme Court decision based

706
00:30:31,266 --> 00:30:33,866
solely on the questions of the
Supreme Court Justices is not

707
00:30:33,867 --> 00:30:35,937
something that we're
spending a second doing.

708
00:30:35,934 --> 00:30:38,634
The Press:
And one back on Verrilli
-- you say he's talented --

709
00:30:38,633 --> 00:30:42,833
and then going back to some of
what Ed and Jessica had to say.

710
00:30:42,834 --> 00:30:45,434
Listening to the tape -- to
include the broccoli comment,

711
00:30:45,433 --> 00:30:49,263
the analysis of
broccoli -- many people,

712
00:30:49,266 --> 00:30:51,936
critics are out here
just lambasting him.

713
00:30:51,934 --> 00:30:54,564
Has the President or anyone
from the White House,

714
00:30:54,567 --> 00:30:57,297
high-ranking official,
called him to say good job,

715
00:30:57,300 --> 00:31:00,330
job well done, after all of
these critics have come out

716
00:31:00,333 --> 00:31:01,233
against him?

717
00:31:01,233 --> 00:31:03,603
Mr. Earnest:
I can't speak to all the emails
and phone calls that have --

718
00:31:03,600 --> 00:31:06,230
that may have taken
place between --

719
00:31:06,233 --> 00:31:08,003
that emanate from this building.

720
00:31:08,000 --> 00:31:10,500
But I can tell that -- to go
back to my Clark Kellogg analogy

721
00:31:10,500 --> 00:31:12,600
that Ed and I were discussing
just a few minutes ago --

722
00:31:12,600 --> 00:31:14,770
one of the reasons that
Mr. Kellogg sits on the

723
00:31:14,767 --> 00:31:19,297
sidelines and was hired by CBS
for this job is because he was a

724
00:31:19,300 --> 00:31:21,530
stand-out performer
at Ohio State;

725
00:31:21,533 --> 00:31:24,733
was drafted in the first
round, by the Indiana Pacers.

726
00:31:24,734 --> 00:31:25,804
He knows something
about basketball.

727
00:31:25,800 --> 00:31:27,870
He didn't just write
a book about it.

728
00:31:27,867 --> 00:31:30,997
The Press:
But even before you come
out, there's preparation.

729
00:31:31,000 --> 00:31:34,570
He stood there -- again, he did
not sound like someone standing

730
00:31:34,567 --> 00:31:39,797
before the U.S. Supreme Court to
stand up for something that is a

731
00:31:39,800 --> 00:31:42,900
historic piece of law.

732
00:31:42,900 --> 00:31:47,370
He did not sound like someone
who knew the ramifications,

733
00:31:47,367 --> 00:31:49,597
the significance of what
he was standing up for.

734
00:31:49,600 --> 00:31:52,370
Mr. Earnest:
On this point, April, you
and I may just have to agree

735
00:31:52,367 --> 00:31:53,367
to disagree.

736
00:31:53,367 --> 00:31:54,467
Scott.

737
00:31:54,467 --> 00:31:55,597
The Press:
Thanks, Josh.

738
00:31:55,600 --> 00:31:59,470
Has the President gotten
a specific briefing on --

739
00:31:59,467 --> 00:32:03,967
an assessment of how these
arguments have gone from someone

740
00:32:03,967 --> 00:32:06,767
from the General
Counsel's Office,

741
00:32:06,767 --> 00:32:09,297
from the Justice Department,
from the Solicitor General's

742
00:32:09,300 --> 00:32:13,870
Office, specifically
dedicated to how this went,

743
00:32:13,867 --> 00:32:16,197
not predictions necessarily
on where it's heading?

744
00:32:16,200 --> 00:32:19,870
Or will he sort of rely on his
own expertise in constitutional

745
00:32:19,867 --> 00:32:22,397
law to determine for himself
how he thinks they went?

746
00:32:22,400 --> 00:32:26,470
Mr. Earnest:
Well, he's both reading the
news coverage of the arguments,

747
00:32:26,467 --> 00:32:30,497
but he's also received briefing
from the staff here to keep him

748
00:32:30,500 --> 00:32:32,170
up to date on the arguments.

749
00:32:32,166 --> 00:32:33,766
The Press:
Specifically on the arguments?

750
00:32:33,767 --> 00:32:34,837
Mr. Earnest:
Specifically on the arguments.

751
00:32:34,834 --> 00:32:35,704
That's correct.

752
00:32:35,700 --> 00:32:36,300
Okay?

753
00:32:36,300 --> 00:32:37,030
Mara?

754
00:32:37,033 --> 00:32:39,863
The Press:
You earlier called the mandate
the individual responsibility

755
00:32:39,867 --> 00:32:44,797
provision, and I have heard it
referred that way just recently

756
00:32:44,800 --> 00:32:46,830
by other people at the White
House and in the campaign.

757
00:32:46,834 --> 00:32:48,804
It seems very new.

758
00:32:48,800 --> 00:32:51,900
And I'm wondering -- I've never
heard the President refer to it

759
00:32:51,900 --> 00:32:55,170
that way; I've never heard him
call it the anti-free-rider tax.

760
00:32:55,166 --> 00:32:57,436
I'm just wondering why you
decided to start calling it

761
00:32:57,433 --> 00:32:58,963
that recently.

762
00:32:58,967 --> 00:33:01,597
Mr. Earnest:
I think I disagree
with that notion.

763
00:33:01,600 --> 00:33:03,000
The Press:
That it's recent, you mean?

764
00:33:03,000 --> 00:33:04,000
Mr. Earnest:
Yes.

765
00:33:04,000 --> 00:33:05,130
The Press:
When did it start?

766
00:33:05,133 --> 00:33:07,803
Mr. Earnest:
We could go -- maybe we could go
back to my office afterwards and

767
00:33:07,800 --> 00:33:09,700
start doing some Googling
to figure it out.

768
00:33:09,700 --> 00:33:10,700
The Press:
But the President doesn't
refer to it that way?

769
00:33:10,700 --> 00:33:11,370
Mr. Earnest:
I'm sorry?

770
00:33:11,367 --> 00:33:12,867
The Press:
The President doesn't
refer to it that way.

771
00:33:12,867 --> 00:33:14,037
Mr. Earnest:
I'm not sure that's accurate.

772
00:33:14,033 --> 00:33:15,633
The Press:
He rarely talks about
it at all I guess.

773
00:33:15,633 --> 00:33:16,603
(laughter)

774
00:33:16,600 --> 00:33:18,930
But I guess my second
question would be, why,

775
00:33:18,934 --> 00:33:22,264
in these years where the
right has been laying this

776
00:33:22,266 --> 00:33:24,766
intellectual groundwork and
talking about broccoli and kind

777
00:33:24,767 --> 00:33:27,337
of forming the underpinnings for
what's happening now before the

778
00:33:27,333 --> 00:33:30,503
Court, why have you guys not
talked about the mandate much

779
00:33:30,500 --> 00:33:33,670
and why it was --
it's so important?

780
00:33:33,667 --> 00:33:36,867
Mr. Earnest:
Well, I -- I'm not sure I agree
with that premise, either.

781
00:33:36,867 --> 00:33:38,897
I think that there has been
a lot of time and energy --

782
00:33:38,900 --> 00:33:41,300
and anybody who has
spent, like you did --

783
00:33:41,300 --> 00:33:44,300
covering the White House very
closely in the first year,

784
00:33:44,300 --> 00:33:46,630
year and a half of this
administration knows how much

785
00:33:46,633 --> 00:33:48,103
time and energy was
spent into getting --

786
00:33:48,100 --> 00:33:49,370
The Press:
On health care in general.

787
00:33:49,367 --> 00:33:51,797
Mr. Earnest:
-- into making
this law a reality,

788
00:33:51,800 --> 00:33:53,030
into making sure that we put
in these kinds of consumer

789
00:33:53,033 --> 00:33:55,433
protections for families
all across the country,

790
00:33:55,433 --> 00:33:57,563
and securing help for seniors
who need help paying their

791
00:33:57,567 --> 00:33:58,467
prescription drug costs.

792
00:33:58,467 --> 00:33:59,197
The Press:
Absolutely.

793
00:33:59,200 --> 00:34:00,300
I'm talking about the mandate.

794
00:34:00,300 --> 00:34:03,530
Mr. Earnest:
There was a lot of effort that
went into fashioning a health

795
00:34:03,533 --> 00:34:06,133
care reform law that would
maximize the benefits for the

796
00:34:06,133 --> 00:34:07,103
American people.

797
00:34:07,100 --> 00:34:08,370
The Press:
Right.

798
00:34:08,367 --> 00:34:11,767
But what seems to -- where you
seem to be at a disadvantage now

799
00:34:11,767 --> 00:34:15,937
is in the debate about why the
mandate is so important to this

800
00:34:15,934 --> 00:34:19,834
and actually something
that people should support.

801
00:34:19,834 --> 00:34:22,934
Mr. Earnest:
Well, there are two
things about this.

802
00:34:22,934 --> 00:34:25,204
One is the individual
responsibility provision was

803
00:34:25,200 --> 00:34:27,730
something that was conceived
of by the Heritage Foundation.

804
00:34:27,734 --> 00:34:30,634
It was a provision that was
aggressively advocated by

805
00:34:30,633 --> 00:34:33,233
conservative Republicans
in Washington, D.C.,

806
00:34:33,233 --> 00:34:36,633
and it was something that is --
that was central to the health

807
00:34:36,633 --> 00:34:41,163
care reform initiative that was
put in place by the Republican

808
00:34:41,166 --> 00:34:44,136
governor of Massachusetts.

809
00:34:44,133 --> 00:34:48,703
So it seems to me that there are
probably plenty of Republicans

810
00:34:48,700 --> 00:34:51,900
that agree that this is a
helpful solution to this

811
00:34:51,900 --> 00:34:53,230
policy challenge.

812
00:34:53,233 --> 00:34:57,763
And in terms of talking about
the benefits of the health care

813
00:34:57,767 --> 00:35:00,097
reform law, we look forward
to having that debate with

814
00:35:00,100 --> 00:35:01,100
the critics.

815
00:35:01,100 --> 00:35:03,170
That's something that we're
not going to shy away from.

816
00:35:03,166 --> 00:35:04,466
The President has a
record to stand on.

817
00:35:04,467 --> 00:35:07,567
The President has a record that
includes 5 million seniors

818
00:35:07,567 --> 00:35:09,797
getting help affording their
prescription drug coverage,

819
00:35:09,800 --> 00:35:11,830
saving them $3 billion a year.

820
00:35:11,834 --> 00:35:15,334
The President has a record of
ensuring that 2.5 million young

821
00:35:15,333 --> 00:35:17,603
adults can get covered under
their parents' plan because of

822
00:35:17,600 --> 00:35:18,600
the Affordable Care Act.

823
00:35:18,600 --> 00:35:20,800
The President has a record
that you can evaluate that has

824
00:35:20,800 --> 00:35:24,770
allowed 55 -- 54 million
Americans to access free

825
00:35:24,767 --> 00:35:27,097
preventative coverage through
their private insurance plans.

826
00:35:27,100 --> 00:35:31,330
We're happy to contrast that
record with Republicans who say

827
00:35:31,333 --> 00:35:33,063
we should go back
to the status quo;

828
00:35:33,066 --> 00:35:35,266
we should go back to a system
that empowers insurance

829
00:35:35,266 --> 00:35:37,736
companies to kick you off your
health care plan if you get

830
00:35:37,734 --> 00:35:40,364
sick; that empowers insurance
companies to discriminate

831
00:35:40,367 --> 00:35:42,567
against you if you have
a preexisting condition.

832
00:35:42,567 --> 00:35:46,467
That's a debate that
we're happy to have.

833
00:35:46,467 --> 00:35:47,037
Goyal.

834
00:35:47,033 --> 00:35:47,663
The Press:
Two questions.

835
00:35:47,667 --> 00:35:48,497
Mr. Earnest:
Yes.

836
00:35:48,500 --> 00:35:51,270
The Press:
As far as the President's trip
to South Korea is concerned,

837
00:35:51,266 --> 00:35:54,696
most of the major and small
nuclear nations were there

838
00:35:54,700 --> 00:35:56,600
including India and Pakistan.

839
00:35:56,600 --> 00:36:00,930
One, the President met with
Pakistan's Prime Minister.

840
00:36:00,934 --> 00:36:05,364
If Pakistan is going to fully
agree with the President of the

841
00:36:05,367 --> 00:36:09,637
United States, as far as
terrorism or Afghanistan

842
00:36:09,633 --> 00:36:11,063
situation is concerned.

843
00:36:11,066 --> 00:36:14,896
And second, if the President
feels that Pakistan nuclears are

844
00:36:14,900 --> 00:36:19,070
safe and in the good
hands from the terrorism.

845
00:36:19,066 --> 00:36:22,836
Mr. Earnest:
Well, Goyal, I know that Mr.
Rhodes read out the bilateral

846
00:36:22,834 --> 00:36:24,764
meeting that the President
had with Prime Minister

847
00:36:24,767 --> 00:36:26,837
Gilani yesterday.

848
00:36:26,834 --> 00:36:28,434
I know that the President was
pleased to have the opportunity

849
00:36:28,433 --> 00:36:30,403
to have that meeting, was
pleased with the way that the

850
00:36:30,400 --> 00:36:32,630
discussions went.

851
00:36:32,633 --> 00:36:34,163
But for details I'd
refer to that --

852
00:36:34,166 --> 00:36:37,466
for a detailed readout of that
meeting I'd refer you to that

853
00:36:37,467 --> 00:36:38,837
conference call.

854
00:36:38,834 --> 00:36:40,764
On the issue of nuclear
security, as you know,

855
00:36:40,767 --> 00:36:43,167
this has been an issue that's
been at the front of the

856
00:36:43,166 --> 00:36:45,936
President's agenda since before
he was even elected President.

857
00:36:45,934 --> 00:36:48,334
This is an issue that he
worked on in the Senate;

858
00:36:48,333 --> 00:36:53,533
he delivered a high-profile
speech on this issue in Prague

859
00:36:53,533 --> 00:36:56,503
in his first year in office,
hosted a nuclear security summit

860
00:36:56,500 --> 00:36:59,470
here in Washington,
D.C., and, of course,

861
00:36:59,467 --> 00:37:02,267
attended the summit
in 2012 in Seoul,

862
00:37:02,266 --> 00:37:05,366
Korea where they announced
a number of advances

863
00:37:05,367 --> 00:37:07,037
on this front.

864
00:37:07,033 --> 00:37:09,533
So this is an issue that remains
a national security priority of

865
00:37:09,533 --> 00:37:13,233
the President's, and the
President was pleased with the

866
00:37:13,233 --> 00:37:14,803
-- with some of the
announcements that were made in

867
00:37:14,800 --> 00:37:17,470
the course of the summit
earlier this week.

868
00:37:17,467 --> 00:37:19,967
The Press:
And second, as far as U.S.-India
relations are concerned --

869
00:37:19,967 --> 00:37:22,597
since Prime Minister of
India was in South Korea --

870
00:37:22,600 --> 00:37:26,700
if the President had on
the sideline the economic

871
00:37:26,700 --> 00:37:29,330
conversations as far as
the U.S.-India (inaudible)

872
00:37:29,333 --> 00:37:30,333
are concerned.

873
00:37:30,333 --> 00:37:33,563
Because today, you'll see
hundreds of thousands of U.S.

874
00:37:33,567 --> 00:37:38,397
cars on every road in
India, including Ford now,

875
00:37:38,400 --> 00:37:40,870
as I said last week, is
investing over $1 billion

876
00:37:40,867 --> 00:37:42,267
dollars there.

877
00:37:42,266 --> 00:37:44,996
And a lot of things are going
on now between U.S. and India

878
00:37:45,000 --> 00:37:48,830
through trade and security and
defense and a lot of issues.

879
00:37:48,834 --> 00:37:52,134
Where do we stand on those
and many other issues today?

880
00:37:52,133 --> 00:37:56,133
Mr. Earnest:
Well, that's probably a
pretty broad question, Goyal.

881
00:37:56,133 --> 00:37:58,033
I'd refer you to the National
Security Staff who can talk to

882
00:37:58,033 --> 00:38:00,133
you about -- these were issues
that obviously the President

883
00:38:00,133 --> 00:38:03,203
spent a lot of time discussing
during his visit to India about

884
00:38:03,200 --> 00:38:04,800
a year and a half ago.

885
00:38:04,800 --> 00:38:06,330
But in terms of an update
on some of those issues,

886
00:38:06,333 --> 00:38:08,333
I'd encourage you to check with
our National Security Staff

887
00:38:08,333 --> 00:38:09,133
on that front.

888
00:38:09,133 --> 00:38:09,933
Mr. Earnest:
Mike.

889
00:38:09,934 --> 00:38:11,264
The Press:
Thank you.

890
00:38:11,266 --> 00:38:13,636
I wanted to go back to the
issue of the off-camera remark

891
00:38:13,633 --> 00:38:15,333
with Medvedev.

892
00:38:15,333 --> 00:38:17,933
There are those critics that
have been suggesting that it

893
00:38:17,934 --> 00:38:19,904
might indicate a
major compromise,

894
00:38:19,900 --> 00:38:22,670
perhaps even a capitulation,
on missile defense.

895
00:38:22,667 --> 00:38:25,467
And some have gone a step
further and suggested it may

896
00:38:25,467 --> 00:38:27,937
indicate an intention on the
part of the President to lean

897
00:38:27,934 --> 00:38:32,664
his policies leftward if
he were to win reelection.

898
00:38:32,667 --> 00:38:34,067
Can you address
those two issues?

899
00:38:34,066 --> 00:38:35,036
Mr. Earnest:
Sure.

900
00:38:35,033 --> 00:38:37,563
Well, I think -- I probably will
briefly, but I can tell you that

901
00:38:37,567 --> 00:38:40,797
the President himself addressed
this issue pretty directly on

902
00:38:40,800 --> 00:38:42,930
Tuesday when he was in Seoul.

903
00:38:42,934 --> 00:38:46,704
The fact of the matter is that
the President's reset policy

904
00:38:46,700 --> 00:38:48,670
with Russia has already
been successful.

905
00:38:48,667 --> 00:38:50,967
I'd point you to the Russian
support of the Nuclear Security

906
00:38:50,967 --> 00:38:53,697
Council resolutions that
included the toughest sanctions

907
00:38:53,700 --> 00:38:56,570
ever on North Korea and Iran,
our work together on the new

908
00:38:56,567 --> 00:38:59,037
START Treaty, and our work
to open up the Northern

909
00:38:59,033 --> 00:39:01,533
Distribution Network to get
critical supplies to troops in

910
00:39:01,533 --> 00:39:04,433
Afghanistan, just to name a few
of the advances that we've made

911
00:39:04,433 --> 00:39:07,163
as it relates to our
relationship with Russia.

912
00:39:07,166 --> 00:39:08,896
When it comes to
missile defense,

913
00:39:08,900 --> 00:39:11,430
the fact of the matter is that
the President is building --

914
00:39:11,433 --> 00:39:14,433
has advocated for and the United
States is building a missile

915
00:39:14,433 --> 00:39:17,203
defense system in Europe that
will ensure the safety of our

916
00:39:17,200 --> 00:39:19,470
allies in Europe, and, yes,
ensure the safety of the

917
00:39:19,467 --> 00:39:20,567
United States.

918
00:39:20,567 --> 00:39:23,697
From the beginning, that missile
defense system has been oriented

919
00:39:23,700 --> 00:39:27,000
to address threats from
Iran and other places.

920
00:39:27,000 --> 00:39:31,670
It's not something that's
been oriented toward Russia.

921
00:39:31,667 --> 00:39:35,237
But there is some work to be
done to reach an agreement

922
00:39:35,233 --> 00:39:36,263
with Russia.

923
00:39:36,266 --> 00:39:39,296
I think the President talked
about the need for some of the

924
00:39:39,300 --> 00:39:42,530
technical advisors on either
side to spend some time clearing

925
00:39:42,533 --> 00:39:46,303
out the underbrush of detailed,
technical concerns that have

926
00:39:46,300 --> 00:39:48,170
been raised by one
side or the other.

927
00:39:48,166 --> 00:39:50,466
And the President is hopeful
that in the next year or two we

928
00:39:50,467 --> 00:39:54,567
can start to demonstrate some
tangible progress in finding

929
00:39:54,567 --> 00:39:57,267
common ground on this
missile defense system.

930
00:39:57,266 --> 00:39:59,366
The Press:
And on the angle of those that
are suggesting that perhaps the

931
00:39:59,367 --> 00:40:01,767
President might lean his
policies towards the left after

932
00:40:01,767 --> 00:40:04,167
the election, using that same
analogy that he'll have a

933
00:40:04,166 --> 00:40:06,296
freer hand.

934
00:40:06,300 --> 00:40:08,000
Mr. Earnest:
You mean outside of
issues of foreign policy?

935
00:40:08,000 --> 00:40:09,300
The Press:
Exactly.

936
00:40:09,300 --> 00:40:12,900
Mr. Earnest:
Well, I think the President --
those of you who have had the

937
00:40:12,900 --> 00:40:15,270
opportunity to hear the
President speak either at some

938
00:40:15,266 --> 00:40:17,596
of the political events that
he's attended or even some of

939
00:40:17,600 --> 00:40:21,300
the official events where the
President has talked about his

940
00:40:21,300 --> 00:40:23,670
vision for the future
of this country,

941
00:40:23,667 --> 00:40:25,597
the President believes that we
are at a make-or-break moment

942
00:40:25,600 --> 00:40:27,870
for the middle class, and that
we need to put in place the

943
00:40:27,867 --> 00:40:31,037
kinds of economic policies that
will support an economy that

944
00:40:31,033 --> 00:40:32,463
ensure everybody
gets a fair shot,

945
00:40:32,467 --> 00:40:35,897
everybody gets a fair shake and
everybody does their fair share.

946
00:40:35,900 --> 00:40:39,470
That is the -- that is the
foundation of the President's

947
00:40:39,467 --> 00:40:40,997
vision for a second term.

948
00:40:41,000 --> 00:40:43,500
And that gives you a
pretty good indication --

949
00:40:43,500 --> 00:40:45,930
should give the American people
a pretty a good indication --

950
00:40:45,934 --> 00:40:48,004
about the direction that the
President would go if he's

951
00:40:48,000 --> 00:40:50,630
elected to a second term
by the American people.

952
00:40:50,633 --> 00:40:51,663
Yes.

953
00:40:51,667 --> 00:40:52,567
The Press:
Thanks, Josh.

954
00:40:52,567 --> 00:40:55,137
What's your response to the
Senate resolution proposed by

955
00:40:55,133 --> 00:40:57,933
Senator Lieberman and five
Republicans calling on the

956
00:40:57,934 --> 00:41:01,004
administration to arm
the Syrian rebels?

957
00:41:01,000 --> 00:41:04,500
Mr. Earnest:
I'm not familiar with the
specific amendment that you're

958
00:41:04,500 --> 00:41:06,430
referring to.

959
00:41:06,433 --> 00:41:09,733
I can tell you that in the
past, we have said that further

960
00:41:09,734 --> 00:41:15,004
militarization of the challenges
in Syria is not the wise course

961
00:41:15,000 --> 00:41:16,430
moving forward.

962
00:41:16,433 --> 00:41:18,633
But in terms of -- I'm not
in a position, however,

963
00:41:18,633 --> 00:41:21,603
to react to that specific piece
of legislation because it's the

964
00:41:21,600 --> 00:41:22,970
first time I'm hearing of it.

965
00:41:22,967 --> 00:41:23,967
In the back.

966
00:41:23,967 --> 00:41:25,137
The Press:
Thanks, Josh.

967
00:41:25,133 --> 00:41:26,363
Mr. Earnest:
You've traveled all the
way from Seoul, here,

968
00:41:26,367 --> 00:41:28,097
so I should at least give you
a chance to ask a question.

969
00:41:28,100 --> 00:41:31,230
The Press:
Circling back to the
conversation with partners on

970
00:41:31,233 --> 00:41:33,063
the Strategic
Reserve for the IEA.

971
00:41:33,066 --> 00:41:37,496
The French are talking about it,
the Germans are talking about,

972
00:41:37,500 --> 00:41:40,430
two weeks ago after David
Cameron was here there was a

973
00:41:40,433 --> 00:41:42,833
British official who seemed to
be okay confirming that it was

974
00:41:42,834 --> 00:41:44,064
talked about.

975
00:41:44,066 --> 00:41:48,466
Why is it so important to this
administration that that be a

976
00:41:48,467 --> 00:41:52,567
subject that is just never
talked about except in the

977
00:41:52,567 --> 00:41:55,097
context of just saying, oh,
it's always on the topic

978
00:41:55,100 --> 00:41:56,670
of discussion?

979
00:41:56,667 --> 00:41:58,667
Mr. Earnest:
Well, frankly, because we
don't believe that it's wise to

980
00:41:58,667 --> 00:42:00,867
speculate about it.

981
00:42:00,867 --> 00:42:02,837
We have confirmed for you,
I've confirmed for you,

982
00:42:02,834 --> 00:42:04,864
others have confirmed
for you -- repeatedly --

983
00:42:04,867 --> 00:42:07,367
that it's an option
on the table.

984
00:42:07,367 --> 00:42:10,537
But there also is an attempt by
some observers to suggest that

985
00:42:10,533 --> 00:42:12,803
there's been a decision that's
been made or there's been a

986
00:42:12,800 --> 00:42:14,730
specific action
that's been proposed.

987
00:42:14,734 --> 00:42:16,134
And that's just not true.

988
00:42:16,133 --> 00:42:19,003
The Press:
But isn't it inherent that this
sort of decision takes weeks and

989
00:42:19,000 --> 00:42:20,370
months to even set up?

990
00:42:20,367 --> 00:42:23,997
So just setting up the dominos
to try to create this decision

991
00:42:24,000 --> 00:42:25,830
seems to be already underway.

992
00:42:25,834 --> 00:42:28,204
I mean, how come you can't
even just confirm that

993
00:42:28,200 --> 00:42:29,900
that's the case?

994
00:42:29,900 --> 00:42:33,830
Mr. Earnest:
Well, I might be more
sympathetic to your question if

995
00:42:33,834 --> 00:42:35,834
we were in a position where a
decision had been made or a

996
00:42:35,834 --> 00:42:38,134
specific course of
action had been adopted,

997
00:42:38,133 --> 00:42:39,963
but that's just not the case.

998
00:42:39,967 --> 00:42:42,937
As I point out, we're engaged in
conversations with countries all

999
00:42:42,934 --> 00:42:44,604
around the world
on a regular basis,

1000
00:42:44,600 --> 00:42:45,970
dealing with this
challenging issue.

1001
00:42:45,967 --> 00:42:48,337
There are a lot of
ways to do that.

1002
00:42:48,333 --> 00:42:51,063
The Press:
There's even a turnkey framework
that he put in place --

1003
00:42:51,066 --> 00:42:52,536
Mr. Earnest:
If only it were that simple.

1004
00:42:52,533 --> 00:42:54,163
The Press:
-- so that everything is set up
so that all you've got to do is

1005
00:42:54,166 --> 00:42:55,766
make the decision, though.

1006
00:42:55,767 --> 00:43:01,537
Mr. Earnest:
Well, I recognize that there
are a lot of people who want to

1007
00:43:01,533 --> 00:43:04,633
speculate, and I think that
your curiosity about private

1008
00:43:04,633 --> 00:43:07,503
conversations that are taking
place between officials in this

1009
00:43:07,500 --> 00:43:10,000
government and officials in
governments around the world on

1010
00:43:10,000 --> 00:43:12,430
this issue I think
is understandable.

1011
00:43:12,433 --> 00:43:15,603
But at this point, I'm not in a
position to shed any addition

1012
00:43:15,600 --> 00:43:17,930
light on those topics for you.

1013
00:43:17,934 --> 00:43:18,804
Glenn.

1014
00:43:18,800 --> 00:43:19,570
The Press:
Josh.

1015
00:43:19,567 --> 00:43:21,937
The President is a
constitutional lawyer.

1016
00:43:21,934 --> 00:43:24,334
Has he been watching
any of these --

1017
00:43:24,333 --> 00:43:28,033
not watching any of -- listening
to the proceedings, any --

1018
00:43:28,033 --> 00:43:29,663
reading the transcripts?

1019
00:43:29,667 --> 00:43:33,297
And if so, how does
he, in general,

1020
00:43:33,300 --> 00:43:36,570
think the Court itself
has been acting?

1021
00:43:36,567 --> 00:43:38,867
I mean, what does he think
of the line of questioning?

1022
00:43:38,867 --> 00:43:39,737
Mr. Earnest:
Well, to be candid
with you, Glenn,

1023
00:43:39,734 --> 00:43:42,164
the President has
been in South Korea.

1024
00:43:42,166 --> 00:43:44,736
So that probably has limited his
ability to investigate this a

1025
00:43:44,734 --> 00:43:45,464
little bit.

1026
00:43:45,467 --> 00:43:46,237
But I know that --

1027
00:43:46,233 --> 00:43:47,133
The Press:
They have wi-fi.

1028
00:43:47,133 --> 00:43:48,233
Mr. Earnest:
-- he's been -- I'm sorry?

1029
00:43:48,233 --> 00:43:50,233
The Press:
You have access to wi-fi?

1030
00:43:50,233 --> 00:43:55,203
Mr. Earnest:
I'm not -- well, I -- what
I said before is that the

1031
00:43:55,200 --> 00:43:56,970
President has been following
the news coverage.

1032
00:43:56,967 --> 00:44:00,237
The President has gotten a
briefing from members of his

1033
00:44:00,233 --> 00:44:02,963
staff on this -- on the
arguments as they've

1034
00:44:02,967 --> 00:44:04,597
been proceeding.

1035
00:44:04,600 --> 00:44:08,130
The President is interested
in the progress of the case,

1036
00:44:08,133 --> 00:44:10,303
certainly because of his own
intellectual experience and

1037
00:44:10,300 --> 00:44:13,170
background but also because of
the important benefits that this

1038
00:44:13,166 --> 00:44:16,066
law includes.

1039
00:44:16,066 --> 00:44:19,396
The President worked very hard
with Congress and with the

1040
00:44:19,400 --> 00:44:22,000
Senate to get this passed, and
there are enormous benefits that

1041
00:44:22,000 --> 00:44:24,100
are very important
to him personally.

1042
00:44:24,100 --> 00:44:26,330
And so the President has
-- as you would expect --

1043
00:44:26,333 --> 00:44:27,733
been following this case.

1044
00:44:27,734 --> 00:44:32,104
The Press:
You said that because of your
belief that this is inherently

1045
00:44:32,100 --> 00:44:35,970
constitutional, that you haven't
made contingency planning,

1046
00:44:35,967 --> 00:44:38,037
or haven't begun
contingency planning.

1047
00:44:38,033 --> 00:44:40,663
Does that assume on the other
side that you think if the

1048
00:44:40,667 --> 00:44:43,137
Supreme Court were to strike
down all or part of this that

1049
00:44:43,133 --> 00:44:46,603
they would be acting in an
irresponsible or excessively

1050
00:44:46,600 --> 00:44:47,830
activist fashion?

1051
00:44:47,834 --> 00:44:50,804
Mr. Earnest:
Well, I don't want to jump ahead
to speculating about what they

1052
00:44:50,800 --> 00:44:53,630
would be doing if they were to
decide one way or the other.

1053
00:44:53,633 --> 00:44:56,803
So I think we're going to --
we used the first three days of

1054
00:44:56,800 --> 00:44:59,900
this week as an administration
to put Mr. Verrilli and others

1055
00:44:59,900 --> 00:45:03,370
forward to make the best case
for the Affordable Care Act.

1056
00:45:03,367 --> 00:45:05,237
That best case has led
us to conclude that

1057
00:45:05,233 --> 00:45:06,833
it's constitutional.

1058
00:45:06,834 --> 00:45:09,704
The Supreme Court is a
separate branch of government,

1059
00:45:09,700 --> 00:45:11,800
and they will reach
their own conclusions.

1060
00:45:11,800 --> 00:45:13,800
We felt like we had a good case
to make and we had somebody who

1061
00:45:13,800 --> 00:45:16,700
made that good case for us.

1062
00:45:16,700 --> 00:45:17,500
Yes.

1063
00:45:17,500 --> 00:45:19,070
Donovan.

1064
00:45:19,066 --> 00:45:21,196
The Press:
You said that the President
got a briefing on the case.

1065
00:45:21,200 --> 00:45:23,130
I was wondering if you could
tell me is that today?

1066
00:45:23,133 --> 00:45:24,403
Is that every day?

1067
00:45:24,400 --> 00:45:28,670
How many has there been, and
is there reactions from the

1068
00:45:28,667 --> 00:45:31,937
President to those briefings?

1069
00:45:31,934 --> 00:45:35,704
Mr. Earnest:
I have not spoken to him today
so I can't give you any specific

1070
00:45:35,700 --> 00:45:38,900
readout about his
reaction to reading them.

1071
00:45:38,900 --> 00:45:41,500
I don't know when he
specifically got the briefings

1072
00:45:41,500 --> 00:45:44,270
that he was given, but I
can tell you that he's been

1073
00:45:44,266 --> 00:45:47,436
following closely, both through
the news media and through the

1074
00:45:47,433 --> 00:45:49,533
briefings that he's received
from his staff here.

1075
00:45:49,533 --> 00:45:51,103
The Press:
I thought you meant
in-person briefings.

1076
00:45:51,100 --> 00:45:53,770
You just mean papers?

1077
00:45:53,767 --> 00:45:57,397
Mr. Earnest:
I mean that he's been
informed of them.

1078
00:45:57,400 --> 00:45:58,330
Amy.

1079
00:45:58,333 --> 00:46:00,633
The Press:
I almost feel like there's
been a communications failure.

1080
00:46:00,633 --> 00:46:03,203
There are lots of people saying
you guys haven't explained the

1081
00:46:03,200 --> 00:46:05,500
bill still two years
later as a law, rather.

1082
00:46:05,500 --> 00:46:08,000
Do you agree with that problem?

1083
00:46:08,000 --> 00:46:13,470
Mr. Earnest:
I do not, primarily because the
President has a record on health

1084
00:46:13,467 --> 00:46:15,497
care reform that is
pretty persuasive.

1085
00:46:15,500 --> 00:46:18,770
I'm going to flip to the right
page and talk to you about it.

1086
00:46:18,767 --> 00:46:21,867
We're happy to have a debate
with critics who would adopt a

1087
00:46:21,867 --> 00:46:25,597
position that sends us back to
the status quo that would give

1088
00:46:25,600 --> 00:46:27,730
more power to
insurance companies,

1089
00:46:27,734 --> 00:46:29,764
allow them to kick you off your
health insurance if you get

1090
00:46:29,767 --> 00:46:32,337
sick, allow them to deny
you coverage if you have a

1091
00:46:32,333 --> 00:46:35,003
pre-existing condition --
to discriminate against you,

1092
00:46:35,000 --> 00:46:36,400
if you will.

1093
00:46:36,400 --> 00:46:37,530
The President, on
the other hand,

1094
00:46:37,533 --> 00:46:41,003
has a record that
he's happy to run on,

1095
00:46:41,000 --> 00:46:43,000
which actually
speaks for itself --

1096
00:46:43,000 --> 00:46:47,170
that there are 5.1 million
seniors who have obtained

1097
00:46:47,166 --> 00:46:50,066
assistance in paying for their
prescription drugs that has

1098
00:46:50,066 --> 00:46:52,466
saved them more than $3
billion collectively,

1099
00:46:52,467 --> 00:46:56,737
that there are 2.5 million young
adults who are getting health

1100
00:46:56,734 --> 00:46:59,864
care coverage under
their parent's plan.

1101
00:46:59,867 --> 00:47:02,697
There are 54 million Americans
who have obtained free

1102
00:47:02,700 --> 00:47:05,970
preventative services through
their private insurance because

1103
00:47:05,967 --> 00:47:07,237
of the Affordable Care Act.

1104
00:47:07,233 --> 00:47:09,933
If we want to have a debate
about the President's efforts

1105
00:47:09,934 --> 00:47:14,504
and successes on the Affordable
Care Act and the policy

1106
00:47:14,500 --> 00:47:16,700
objectives that have been put
forward by Republicans that

1107
00:47:16,700 --> 00:47:18,900
would only empower
insurance companies,

1108
00:47:18,900 --> 00:47:19,900
we're happy to have that debate.

1109
00:47:19,900 --> 00:47:23,400
And I -- we'll let the American
people decide but it's one that

1110
00:47:23,400 --> 00:47:24,930
we're confident that we'll win.

1111
00:47:24,934 --> 00:47:26,864
The Press:
Do you think it's a problem that
you still need to keep reading

1112
00:47:26,867 --> 00:47:30,267
these facts and figures,
that people aren't really --

1113
00:47:30,266 --> 00:47:31,266
Mr. Earnest:
No.

1114
00:47:31,266 --> 00:47:34,396
Again, of all the questions
that I've faced today,

1115
00:47:34,400 --> 00:47:35,970
this is the one that's
easiest to defend.

1116
00:47:35,967 --> 00:47:37,637
This is the one that's
easiest to explain.

1117
00:47:37,633 --> 00:47:39,933
The President has a
proactive case to make,

1118
00:47:39,934 --> 00:47:42,634
and the critics of
this law, they don't.

1119
00:47:42,633 --> 00:47:44,263
Unless they want to go out
there and make the case to the

1120
00:47:44,266 --> 00:47:47,596
American public that insurance
companies deserve more power,

1121
00:47:47,600 --> 00:47:50,800
that insurance companies deserve
the right to kick you off your

1122
00:47:50,800 --> 00:47:55,270
insurance if you get sick, that
they deserve the right to put a

1123
00:47:55,266 --> 00:47:57,636
lifetime cap on your benefits.

1124
00:47:57,633 --> 00:47:59,363
The President doesn't
believe that they do.

1125
00:47:59,367 --> 00:48:02,567
And that's a debate that we're
happy to have with any of the

1126
00:48:02,567 --> 00:48:06,837
critics of the law in the
venue of their choice.

1127
00:48:06,834 --> 00:48:07,934
Yes, Lesley.

1128
00:48:07,934 --> 00:48:10,364
The Press:
Does the President plan to
make that case any time soon?

1129
00:48:10,367 --> 00:48:13,497
Mr. Earnest:
Well, you've certainly seen that
the President's campaign has

1130
00:48:13,500 --> 00:48:15,370
been pretty aggressive
in making this case.

1131
00:48:15,367 --> 00:48:17,867
The Press:
But will he himself?

1132
00:48:17,867 --> 00:48:21,337
Mr. Earnest:
I don't have any scheduling
updates to offer you.

1133
00:48:21,333 --> 00:48:25,833
But I can tell you that the
organizational prowess of the

1134
00:48:25,834 --> 00:48:29,804
campaign that is being operated
by my colleagues in Chicago will

1135
00:48:29,800 --> 00:48:32,870
make the case about how the
President has used his first

1136
00:48:32,867 --> 00:48:34,037
three years in office.

1137
00:48:34,033 --> 00:48:38,263
An important part of what he has
done during those three years is

1138
00:48:38,266 --> 00:48:41,166
to put in place health care
reform that has lowered costs,

1139
00:48:41,166 --> 00:48:43,236
that has expanded
access to coverage,

1140
00:48:43,233 --> 00:48:45,663
that has reduced prescription
drug cost for seniors,

1141
00:48:45,667 --> 00:48:47,737
that has made it easier for
young adults to get health

1142
00:48:47,734 --> 00:48:50,704
insurance coverage, that has
allowed 54 million Americans to

1143
00:48:50,700 --> 00:48:52,800
get access to
preventative services.

1144
00:48:52,800 --> 00:48:54,030
There's a record to run on.

1145
00:48:54,033 --> 00:48:58,263
And this is an important part of
how the President has used his

1146
00:48:58,266 --> 00:49:01,966
first three years in office,
and is an indication of the

1147
00:49:01,967 --> 00:49:04,297
President's willingness to stand
on the side of middle-class

1148
00:49:04,300 --> 00:49:07,070
families and to fight against
insurance companies and other

1149
00:49:07,066 --> 00:49:09,936
special interests that
are looking to take

1150
00:49:09,934 --> 00:49:12,664
advantage of them.

1151
00:49:12,667 --> 00:49:13,637
Lesley -- last one.

1152
00:49:13,633 --> 00:49:16,503
The Press:
Would there be a feeling that he
shouldn't speak on it now while

1153
00:49:16,500 --> 00:49:18,730
it's up before the Court?

1154
00:49:18,734 --> 00:49:22,304
I mean, because there was all
that brouhaha last week about

1155
00:49:22,300 --> 00:49:25,370
how he hadn't gotten a --
celebrated the anniversary.

1156
00:49:25,367 --> 00:49:27,337
But has there been any
thought about -- now that --

1157
00:49:27,333 --> 00:49:29,703
after the argument?

1158
00:49:29,700 --> 00:49:33,370
Mr. Earnest:
Like I said, I don't have any
new scheduling announcements to

1159
00:49:33,367 --> 00:49:34,967
put forward at this case.

1160
00:49:34,967 --> 00:49:37,967
But I am confident that you can
certainly talk to the campaign

1161
00:49:37,967 --> 00:49:40,197
to see if they have plans that
they want to tell you about.

1162
00:49:40,200 --> 00:49:42,700
But I feel confident saying from
here that both at the White

1163
00:49:42,700 --> 00:49:46,500
House and at the campaign -- I'm
willing to make this prediction

1164
00:49:46,500 --> 00:49:48,130
-- that they will continue
to talk about the President's

1165
00:49:48,133 --> 00:49:50,563
record during his first
three years in office.

1166
00:49:50,567 --> 00:49:55,237
And a centerpiece of that record
is the progress that we've made

1167
00:49:55,233 --> 00:49:57,333
on the issue of health care
reform while the President has

1168
00:49:57,333 --> 00:49:58,863
been in office.

1169
00:49:58,867 --> 00:49:59,867
Thanks, everybody.

1170
00:49:59,867 --> 00:50:01,097
Enjoy the rest of
your Wednesday.