“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.”
“In an action with major implications for health reform in Michigan, the state House has voted to turn down — at least for now — nearly $10 million in federal funds to create a statewide health exchange by 2014 to sell more affordable, standardized health insurance to consumers and small businesses.”
“President Obama says his health care ‘reform’ will be good for business.
Business has learned the truth.
Three successful businessmen explained to me how Obamacare is a reason that unemployment stays high. Its length and complexity make businessmen wary of expanding.”
“Republicans and a Democrat on a House Small Business subcommittee Dec. 15 expressed concerns that a key insurance requirement of the health care reform law will reduce competition and harm health insurance brokers… The Patient Protection and Affordable Care Act‘s medical loss ratio (MLR) provision, which requires insurers to spend at least 80 percent of premiums on medical claims or quality improvements in the individual and small group markets and at least 85 percent in the large group market, is likely to deter small insurers from entering the market and lead to established insurers leaving the market, Coffman said.”
“President Obama’s healthcare reform law will be under attack on every conceivable front next year. Its first life-or-death experience lies in the hands of the Supreme Court, which could potentially strike down the Affordable Care Act as early as June… Legislation to remove the long-term-care CLASS Act could get through the Senate after the administration declared the program isn’t sustainable. And a House bill to repeal the law’s independent payment advisory board, one of the few provisions to control costs, has at least 12 Democratic co-sponsors.”
“The Supreme Court will begin on March 26 with one hour of arguments on whether it can reach a decision on the reform law before 2014. There is a possibility that a separate federal law will prevent the courts from ruling until the law’s individual mandate has taken effect. On March 27, the justices will hear two hours of arguments on the core question of whether the mandate is unconstitutional. And on March 28, the court will hear arguments on two issues: how much, if any, of the law’s other provisions can be upheld if the mandate is unconstitutional, and whether the health law’s Medicaid expansion is constitutional.”
“With many states unwilling or unable to get insurance exchanges operational by the health law deadline of Jan. 1, 2014, pressure is growing on the federal government to do the job for them.
But health care experts are starting to ask whether the fallback federal exchange called for in the 2010 health law will be operational by the deadline in states that will not have their own exchanges ready.”