“Mr. Obama’s new faith in federalism is trailed by his customary rhetorical asterisk. Any state that the Administration decided deserved a waiver would still need to cover the same number of uninsured, and its coverage would still need to include the same comprehensive benefits and be as “affordable” as the Administration says it should be. That is, it must be as heavily subsidized.”
“It’s significant that the president is finally acknowledging that ObamaCare is unworkable and will impose enormous burdens on the states. Or is he?
A closer look shows that the president is not lifting the burdensome requirements ObamaCare imposes on states. All he’s doing is proposing to move up, from 2017 to 2014, the date on which states can apply for federal permission to impose a different but equivalently or more coercive plan to expand health insurance coverage.”
“The White House has apparently decided that it won’t enforce the unpopular parts of its health-care plan until after the 2012 election. The latest evidence is its decision not to slash Medicare Advantage, the program that Democrats hate because it lets seniors choose private insurance options.”
“The most significant change is a wave of frantic consolidation in the health industry. Because the law mandates that insurers accept all patients regardless of pre-existing conditions, insurers will not make money with their current premium and provider-payment structures. As a result, they have already started to raise premiums and cut payments to doctors and hospitals. Smaller and weaker insurers are being forced to sell themselves to larger entities.”
“The United States became the most powerful and prosperous nation in the history of the world not through central planning and bureaucracy but because our Founders chose a different course: freedom, limited government, state and local leadership, and private-sector innovation. That formula will work in health care, and absent the repeal or overturning of last year’s law, it starts with the delegation of powers to states.”
“Obamacare was passed under the expansive notion that government can run Americans’ health care better than we can ourselves. Bureaucrats in Washington believes they have the power to get things done, but with unmet deadlines passing each month and promises to the American public broken, it seems to be the opposite.”
“Fairly stated, this is the conservative constitutional argument: Health care for all is a good cause. But if, in the name of that noble goal, you construe Congress’s power to regulate interstate commerce so broadly as to encompass individual choices that have never previously been thought of as commercial, much less interstate, there would be nothing left of the commerce clause’s restraints on Congress’s power. And then, the argument goes, Congress would be free to impose far more intrusive mandates.”
“The Obama administration attempted to cloak an unprecedented and unsupportable exercise of federal power in the guise of a run-of-the-mill Commerce Clause regulation. When the weakness of that theory was exposed, it retreated to the Necessary and Proper Clause and the taxing power. Judge Vinson’s decisive rejection of all these theories is another significant victory for individual liberty—the ultimate purpose of federalism—and it lays the intellectual groundwork for every decision on the mandate yet to come.”
“President Obama and his congressional allies want to create the perception that Obamacare is a done deal, and that Republicans need to get over it. But the events of the past week show quite clearly that that’s far from the reality. Since its passage, Obamacare has rested on shaky ground, owing to the heavy-handed tactics used to jam it through Congress against the wishes of a majority of the electorate. But now, after the Florida court decision and the vote in the Senate on repeal, Obamacare is more vulnerable than ever — politically, legally, and operationally.”
“As Judge Vinson took pains to emphasize, the case is not really about health care at all, or the wisdom—we would argue the destructiveness—of the newest entitlement. Rather, the Florida case goes to the core of the architecture of the American system, and whether there are any remaining limits on federal control. Judge Vinson’s 78-page ruling in favor of 26 states and the National Federation of Independent Business, among others, is by far the best legal vindication to date of Constitutional principles that form the outer boundaries of federal power.”