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Richard A. Epstein & David A. Hyman, The Manhattan Institute

"In time, high taxes, large subsidies, and extensive mandatory contractual terms in tandem could well drive most private plans out of business... Where and when the tipping point comes, no one can say in advance, and perhaps some tenacious and well-run private plans may ultimately survive. But in the end, our gloomy prediction is that in the absence of a major change in course, a regulatory cascade will first force some plans to fail, after which other private plans will topple like tenpins."

Nina Owcharenko & Kathryn Nix, The Heritage Foundation

"On its second anniversary, Obamacare remains unpopular. The provisions currently in effect have fallen short of expectations and disrupted the market, causing even greater uncertainty for the future. Overall, Obamacare has increased government control of Americans’ health care choices and limited consumer choice. The recent controversy over the preventive care benefit mandates are a good indication of things to come. The fundamental structure of Obamacare is based on centralizing the financing, delivery, and management of health care, and is completely incompatible with patient-centered, market-based reforms."

Diana Furchtgott-Roth, The Manhattan Institute

"When government requires firms to offer benefits, employers will generally prefer to hire part-time workers, who will not be subject to the penalty. Even though the Affordable Care Act counts part-time workers by aggregating their hours to determine the size of a firm, part-time workers are not subject to the $2,000 penalty. Hence, there will be fewer opportunities open for full-time work. Many workers who prefer to work full-time will have an even harder time finding jobs. In January 2012 over 8 million people were working part-time because they could not find full-time jobs. The new health care law would exacerbate this problem."

James C. Capretta, Senate Budget Committee Testimony

"During the debate over the health care law, it was often argued that the added federal cost of the coverage provisions would be more than offset by other tax hikes and spending cuts. Indeed, it was suggested that the new law would actually reduce the longterm budget deficit. But this perspective rests critically on how one accounts for the Medicare taxes and cuts that were enacted in the law, and specifically the taxes and cuts that were assigned to the Medicare Hospital Insurance (HI) trust fund."

Sam Batkins & Michael Ramlet, American Action Forum

"President Obama campaigned on the commitment of having the most open and transparent administration in history. Unfortunately, like President Obama’s campaign promise to lower health insurance premiums by $2,500 per family, this commitment quickly fell victim to the Patient Protection and Affordable Care Act (PPACA). This white paper explains the regulatory process for legal and transparent rulemaking, how the Obama administration has abused its power to avoid this process in implementing the PPACA, and how this lack of transparency hides the unworkable policies and true cost of the healthcare reform law."

Gary Lawson & David B. Kopel, The American Journal of Law & Medicine

"In this article, we briefly explore the range of meanings that attach to the term 'unconstitutional,' as well as the problem of determining the 'constitutionality' of a lengthy statute when only some portions of the statute are challenged. We then, using 'unconstitutional' to mean 'inconsistent with an original social understanding of the Constitution’s text (with a bit of a nod to judicial precedents),' show that the individual mandate in the PPACA is not authorized by the federal taxing power, the federal commerce power, or the Necessary and Proper Clause and is therefore unconstitutional."

John R. Graham, Pacific Research Institute

"A funny thing happened on the way to the so-called health reform promised in the Patient Protection and Affordable Care Act (PPACA), signed by President Obama on March 23, 2010: Although the cost of health care has increased at a slower rate than in previous years, premiums for health insurance and the share of premiums used for purposes other than paying claims have been increasing faster than in previous years. That’s not exactly what President Obama promised, is it?"

Emily Egan, American Action Forum

"Two polls came out last week showing that among two groups deeply entwined with the US healthcare system; there is serious concern over President Obama’s health reform law. Along with previously released Kaiser Family Foundation polling data that showed eroding support among the general public, there is new data that small business owners and physicians are growing quite skeptical about the Affordable Care Act (ACA)."

Christopher J. Conover & Jerry Ellig, Mercatus Center

"Will the Patient Protection and Affordable Care Act (ACA) improve the performance of the U.S. health care system? The quality of the major interim final regulations issued under the ACA in 2010 gives three main reasons for pessimism on this score."

Roy Ramthun, HSA Consulting Services LLC

"The final medical loss ratio (MLR) regulations will likely create a vacuum for affordable coverage that cannot be filled by Bronze plans under the state insurance exchanges. If the 'essential benefits' and 'actuarial value' requirements are equally as discriminatory, there will be no affordable options available and the cost of subsidies will skyrocket. As a result, millions of Americans that have policies today that could have qualified as Bronze plans will be forced to change their coverage or drop coverage because they can no longer afford it."

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