A project of the Galen Institute
James C. Capretta, Senate Budget Committee Testimony
Wed, 2012-02-29

"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
Tue, 2012-02-14

"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
Thu, 2012-02-09

"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
Mon, 2012-01-23

"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
Mon, 2012-01-23

"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
Mon, 2012-01-09

"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
Tue, 2011-12-27

"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."

Clint Bolick, The Hoover Institution
Fri, 2011-12-16

"The Goldwater Institute’s lawsuit challenges IPAB’s very existence as an unlawful delegation of congressional power. Although most of the legal challenges to Obamacare have focused on the individual mandate to purchase government-prescribed health insurance, IPAB is no less central to the overall regulatory scheme. Many members of Congress voted for Obamacare only when convinced of the dubious premise that the law would constrain health-care costs. If IPAB is removed, the flimsy cost-containment rationale will disappear as well."

Ilya Shapiro, Florida International Law Review
Wed, 2011-12-14

"This article chronicles the (first) year I spent opposing the constitutionality of Obamacare: Between debates, briefs, op-eds, blogging, testimony, and media, I have spent well over half of my time since the legislation’s enactment on attacking Congress’s breathtaking assertion of federal power in this context. Braving transportation snafus, snowstorms, and Eliot Spitzer, it’s been an interesting ride. And so, weaving legal arguments into first-person narrative, I hope to add a unique perspective to an important debate that goes to the heart of this nation’s founding principles."

Grace-Marie Turner, The Galen Institute
Thu, 2011-12-08

"So clearly President Obama’s key promise will be broken after the law fully takes effect. But the deterioration in coverage already has begun as many people already are losing the coverage they have now as health insurers are dropping out of markets in many states. Some of the carriers are exiting because of onerous state regulations, others are victims of a faltering economy, but the cascade has been accelerated by the rules that already have taken effect and the many more that are to come as a result of PPACA."

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