“One of the main criticisms of Obamacare is that it will significantly reduce the incentive for small businesses to hire — especially once the premium subsidies become available in 2014… But the actual implementation will be complex, thanks to an odd retroactive feature.”
“Specifically, the government’s position rests on two false economic claims. First, that an individual’s decision not to buy health insurance substantially affects interstate commerce by increasing the costs of health insurance for all Americans.
Second, that the health care industry is ‘unique’ because of its high rates of participation, high costs, federal mandates and the purported uncertainty surrounding when care will be required.”
“The incentives built into the legislation are pretty straightforward: Employers who don’t offer coverage will have to pay a penalty. But the penalty in many cases will be far less than the cost of coverage. So even with the penalty, they’ll be able to shift employees into the subsidized exchanges, save money, and perhaps even give their employees a raise as they do. As Credit Suisse’s response says, ‘While the figures are staggering, they are simply an economically-rational response by employers to federal health policy to shift the U.S. from an employer-purchased to an individually-purchased insurance market.'”
“In the most important appeal of the Obamacare constitutional saga, today was the best day yet for individual freedom. The government’s lawyer, Neal Katyal, spent most of the hearing on the ropes, with the judicial panel extremely cautious not to extend federal power beyond its present outer limits of regulating economic activity that has a substantial aggregate effect on interstate commerce. As the lawyer representing 26 states against the federal government said, ‘The whole reason we do this is to protect liberty.’ With those words, former solicitor general Paul Clement reached the essence of the Obamacare lawsuits.”
“Three federal appeals judges expressed unease with a requirement that virtually all Americans carry health insurance or face penalties, as they repeatedly raised questions about President Barack Obama’s health care overhaul.
At a Wednesday hearing, the three judges on the 11th Circuit Court of Appeals panel in Atlanta questioned whether upholding the landmark law could open the door to Congress adopting other sweeping economic mandates.”