“The PPACA repeatedly refers to any IPAB proposal as a ‘legislative proposal’ and speaks of ‘the legislation introduced’ by the IPAB. Each proposal automatically becomes law unless Congress passes — with a three-fifths supermajority required in the Senate — a measure cutting medical spending as much as the IPAB proposal would.
This is a travesty of constitutional lawmaking: An executive branch agency makes laws unless Congress enacts legislation to achieve the executive agency’s aim.”
June 13th, 2011
