With the Supreme Court due to rule on a major ObamaCare legal challenge by next summer, thoughts in Washington are turning to the practical and political response. If the Court does strike down insurance subsidies, the question for Republicans running Congress is whether they will try to fix the problems Democrats created, or merely allow ObamaCare’s damage to grow.

By John Fund

An old Soviet joke had men carrying briefcases marching alongside tanks and soldiers in a Kremlin parade. “Why are those men in a military parade?” a boy innocently asks his father. He replies, “Those are the economists. They are the most dangerous of all.”

David Leonhardt of the New York Times has offered up a misleading defense of the Affordable Care Act (ACA) — i.e., Obamacare. Like several others, he celebrates the slowdown in health-care-cost escalation and suggests that the ACA is one reason for the deceleration. Specifically, he suggests that key ACA provisions — which he describes as nudging “the health care system away from paying for the quantity of medical care rather than the quality” — have already played a role in making the health system better and more efficient.

It would be an effective argument for the ACA if it were true. Unfortunately, it isn’t.

By KELLI KENNEDY
Associated Press
MIAMI — When Olivia Papa signed up for a new health plan last year, her insurance company assigned her to a primary care doctor. The relatively healthy 61-year-old didn’t try to see the doctor until last month, when she and her husband both needed authorization to see separate specialists.
She called the doctor’s office several times without luck.
“They told me that they were not on the plan, they were never on the plan and they’d been trying to get their name off the plan all year,” said Papa, who recently bought a plan from a different insurance company.
It was no better with the next doctor she was assigned. The Naples, Florida, resident said she left a message to make an appointment, “and they never called back.”

By Tom Coburn And Phil Roe
In the four years since the Affordable Care Act was passed, health care in our country has become more complicated and expensive. The law has many troubling aspects, but the Independent Payment Advisory Board is among the worst and most dangerous. This is why, on Thursday, several members of the House will file an amicus brief asking the U.S. Supreme Court to take up Coons v. Lew. This lawsuit, filed by the Goldwater Institute on behalf of Dr. Eric Novack, an orthopedic surgeon, and Nick Coons, an Arizona businessman, challenges the constitutionality of IPAB.

Sen. Tom Harkin, one of the coauthors of the Affordable Care Act, now thinks Democrats may have been better off not passing it at all and holding out for a better bill.

The Iowa Democrat who chairs the Senate Health, Education, Labor and Pensions Committee, laments the complexity of legislation the Senate passed five years ago.
He wonders in hindsight whether the law was made overly complicated to satisfy the political concerns of a few Democratic centrists who have since left Congress.

“The holiday shopping season kicks off tomorrow with Black Friday, the annual mad-dash for good deals and early-morning sales. This year, shoppers in a few states will see something new this year at shopping malls–and its not exactly a hot new store. It’s…Obamacare.
In an effort to boost floundering enrollment numbers, the Department of Health and Human Services has taken to partnering with retail stores, pharmacies and websites to promote the open enrollment period, which lasts until Feb. 15. Enrollment workers will be present on Black Friday, Small Business Saturday, and Cyber Monday to tell shoppers about how to sign up for a plan on the exchange.”

“The Obama administration has admitted to erroneously inflating the count of Exchange enrollees by incorrectly including 380,000 dental subscribers. Instead of 7.1 paid enrollments in the Exchanges as of mid-October, the correct figure should have been only 6.7 million. For the same reason, the reported number of paid enrollments in August should have been only 6.9 million rather than the 7.3 million figure originally reported. It’s a bit disappointing that this goof might never have been discovered but for the investigative efforts of Republican staffers for the House Oversight and Government Reform Committee, using data that took weeks of negotiations to secure from the U.S. Centers for Medicare and Medicaid Services. That said, it’s encouraging to see DHHS Secretary Burwell take the position “The mistake we made is unacceptable. I will be communicating that clearly throughout the department.””

“As employers try to minimize expenses under the health law, the Obama administration has warned them against paying high-cost workers to leave the company medical plan and buy coverage elsewhere.
Such a move would unlawfully discriminate against employees based on their health status, three federal agencies said in a bulletin issued this month.”

“Just days before the health law’s marketplaces reopened, nearly a quarter of uninsured said they expect to remain without coverage because they did not think it would be affordable, according to a poll released Friday.
That was by far the most common reason given by people who expect to stay uninsured next year, according to the latest tracking poll by the Kaiser Family Foundation. (KHN is an editorially independent program of the foundation.) Forty-one percent of individuals without health insurance said they expected they would remain uninsured, while about half said they plan to get coverage in the coming months.”