“Thin-skinned, vain, prone to seeing conspiracies — Barack Obama now broadens his Richard Nixon impersonation with the imposition of price controls. Obamacare is the gift that keeps on giving — giving us higher real taxes, a bigger deficit, a bloated federal state, and now, if past is prologue, significantly lower quality and less innovation in the field of health care. As some of the smarter critics predicted, Obamacare, butt-ugly as it was in legislative form, is turning into a real beast in the hands of the executive-branch geniuses charged with implementing it and dreaming up the new regulations to make that possible.”

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“While making the case for his health care reform package, President Barack Obama argued that his proposal would make life easier for small-business owners. Unfortunately, now that it is law, Obamacare threatens to undermine a group of small-business owners that, perhaps, is more important than any other to his reform effort – doctors in private practice.”

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“Individuals seeking maternity coverage in the non-group insurance market are discovering fewer options are available as insurers seek to cut costs to meet the regulatory demands of President Obama’s health care law. Blue Cross Blue Shield of South Carolina dropped the coverage to save costs and keep premiums competitive, and insurers in other states have followed suit.”

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“Already, Medicaid is the second largest item on the average state budget at 21% (education is first at 22%). But according to the Centers for Medicare and Medicaid Services (CMS) that is all about to change very soon thanks to Obamacare. Remember, more than half of the health care coverage expansion under Obamacare is attained by placing Americans on Medicaid. CMS projects that state and local spending on Medicaid will increase 41.4% between 2010 and 2011. 41%!!!”

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“And yet the future of our health care system need not depend at all, as the future of our legal system unfortunately does to a considerable degree, on the whims of Justice Anthony Kennedy. Obamacare is a disaster for a host of reasons of which the individual mandate is only one. The 112th Congress need not wait for the courts to decide the fate of the mandate. For reasons constitutional, economic, and moral, Congress can repeal Obamacare and replace it with real health care reform.”

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Health care regulations create new costs to employers when hiring additional staff. ObamaCare’s new rules create strong disincentives for firms to hire low-wage workers or expand their businesses. “With higher-skill jobs, employers can offer the required benefits and pay for them by cutting the wage. But low-wage jobs in the restaurant and retail sectors leave little room for cuts in wages.”

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“Critics contend that Judge Hudson has unduly restricted Congress’s authority to regulate interstate commerce, the principal basis on which the government defends the law. Some also claim that he ignored the ‘necessary and proper’ clause of the Constitution, which allows Congress leeway to choose how to put in place national economic programs. Yet a closer reading shows that Judge Hudson’s analysis could prove irresistible to the Supreme Court and that there is a reasonable chance it will agree that the insurance mandate is invalid.”

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“A federal judge in a 20-state lawsuit against the Obama administration’s health overhaul signaled Thursday he is sympathetic to the plaintiffs’ argument that requiring Americans to carry health insurance violates the Constitution.”

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In light of this week’s good news on the legal front of the war against ObamaCare, Medical Progress Today, a project of the Manhattan Institute, asked a collection of leading health policy experts for their opinions on whether ObamaCare can still stand if the individual mandate is removed.

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“Yesterday liberals were crowing that even if the mandate is eventually declared illegal, it’s no big deal because the rest of ObamaCare’s new system would remain intact. Yet they’ve argued for years that the mandate is essential to health reform, because the mandate is at the heart of the regulatory machine. ObamaCare without a mandate would mean individuals wouldn’t have to pay into a system until they were sick, driving up costs even faster and ruining what’s left of health insurance markets.”

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