When Federal Judge Robert Vinson declared unconstitutional a key provision of the Patient Protection and Affordable Care Act – the so-called “individual mandate” he effectively rendered the whole act unconstitutional because of the lack of severability the Democrats insisted be a condition of passage.
I’m sure that there are some in the congress who understand the non-marquee provisions of the act that will percolate their way through the system and at some date be sprung on us because those individuals planted them deep in the act. Many of them in the form of limits to our rights or fees we have to pay that weren’t established up front. The one about national tax on home sales for instance. (Now that I am a real estate broker I am more concerned than I used to be.)
I can’t say that the Democrats are the only ones that do these devious things. I am reasonably certain they are not. But I can say that when either party puts “poison pill” clauses in a federal law that specifically prevent repeal of the act for political reasons, I am inclined to repeal for that reason alone.
If us American citizens who oppose “Obama Care” can be given another chance to get it right through a court action declaring it unconstitutional, we better be ready to step up with some better legislation to take its place. I am happy to see Mitch McConnell offering a couple suggestions to get the ball rolling, but we better have more rabbits in our hat than the couple he cited (medical mal-practice reform and interstate contracting for insurance). We wanted the national healthcare issue be a campaign issue for the next presidential election, but if it is struck down early, then the campaign issue will be about substitute ideas that are better rather than up or down on the existing law.
We may have gotten what we wanted in repealing the act, but the voters have not gotten what they want in a more effective health care system.
The Republican leadership in the House better get busy with a replacement that is substantial and comprehensive.
We can’t let the advantage swing back to the other side because we lack a better idea.
Is Obama Care Down For the Count?
by Steve DanaWhen Federal Judge Robert Vinson declared unconstitutional a key provision of the Patient Protection and Affordable Care Act – the so-called “individual mandate” he effectively rendered the whole act unconstitutional because of the lack of severability the Democrats insisted be a condition of passage.
I’m sure that there are some in the congress who understand the non-marquee provisions of the act that will percolate their way through the system and at some date be sprung on us because those individuals planted them deep in the act. Many of them in the form of limits to our rights or fees we have to pay that weren’t established up front. The one about national tax on home sales for instance. (Now that I am a real estate broker I am more concerned than I used to be.)
I can’t say that the Democrats are the only ones that do these devious things. I am reasonably certain they are not. But I can say that when either party puts “poison pill” clauses in a federal law that specifically prevent repeal of the act for political reasons, I am inclined to repeal for that reason alone.
If us American citizens who oppose “Obama Care” can be given another chance to get it right through a court action declaring it unconstitutional, we better be ready to step up with some better legislation to take its place. I am happy to see Mitch McConnell offering a couple suggestions to get the ball rolling, but we better have more rabbits in our hat than the couple he cited (medical mal-practice reform and interstate contracting for insurance). We wanted the national healthcare issue be a campaign issue for the next presidential election, but if it is struck down early, then the campaign issue will be about substitute ideas that are better rather than up or down on the existing law.
We may have gotten what we wanted in repealing the act, but the voters have not gotten what they want in a more effective health care system.
The Republican leadership in the House better get busy with a replacement that is substantial and comprehensive.
We can’t let the advantage swing back to the other side because we lack a better idea.
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