“There are a great many things wrong with Obamacare, but the biggest is perhaps one that neither party is paying any attention to: It is one huge entrapment scheme that will turn patients and providers into criminals. The most blatant example of this is in the ‘doc fix’ that Congress passed with major bipartisan support earlier this month, saving doctors from a nearly 23 percent cut in Medicare reimbursement that they would have otherwise faced this year. Congress has been passing this fix every year since 1997, but this time, in an effort to offset its $20 billion price tag, it has included a little twist to squeeze working families called ‘exchange recapture subsidy.’ Under this provision, the government will go after low-wage families to return any excess subsidies they get under the Patient Protection and Affordable Care Act.”

“The judge, however, agreed with Virginia’s attorney general that the necessary-and-proper clause could not prop up an otherwise unconstitutional provision. Virginia argued, and the judge agreed, that the insurance requirement, by regulating inactivity rather than activity, exceeds the limits of the commerce clause.”

“One of the few programs already active in Obamacare is the Pre-Existing Condition Insurance Program, a temporary measure that provides money for states to establish high-risk health insurance pools for people with pre-existing conditions. Unfortunately, the program’s results so far leave much to be desired.”