ObamaCare forever?
That’s because the law still faces huge legal and logistical hurdles. Tops on the list are challenges to the law’s insurance exchanges, starting with a lawsuit filed by Oklahoma’s attorney general. That case, which revolves around legal problems examined in a paper by Case Western Reserve law professor Jonathan Adler and Cato Institute Health Policy Direct Michael Cannon, may decide whether employers in states that do not set up their own health insurance exchanges can be taxed under the law, as well as whether it is legal for the federal government to offer insurance subsidies through exchanges it runs in states that opt out. The law, which taxes employers that don’t offer insurance in order to fund those subsidies, states that subsidies are only available in state-run exchanges.
If Oklahoma’s suit prevails, states will have a large incentive to opt out of creating exchanges in order to protect employers from the tax penalty. And the federal exchanges will be largely useless. “No one would go to those exchanges. The whole structure created by the health care reform law starts to fall apart,” Gretchen Young, senior vice president-health policy at the ERISA Industry Committee told Business Insurance.











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until the county is bankrupted
ChunkyLover on November 9, 2012 at 4:25 PM
Sounds promising…
However, trusting the judiciary to help us out probably won’t work out (see Supreme Court and individual mandate).
drewwerd on November 9, 2012 at 4:27 PM
No kidding. I can’t see the courts siding against Obama on this one. Just in case they do though, doesn’t this seriously gut the health care law?
Doughboy on November 9, 2012 at 4:32 PM
Gov. Rick Scott, Patriot, Refuses To Implement Obamacare
The Count on November 9, 2012 at 4:33 PM
Ummm, you guys forget about Demon Pass? It doesn’t matter if the law is flawed, broken, etc. It will be implemented how the demons say it will.
Youngs98 on November 9, 2012 at 4:35 PM
I’m going to sound like a broken record here but NO we are not stuck with Obamacare forever if we reestablish federalism and the states either nullify or ignore Obamacare. It remains unconstitutional regardless of the SCOTUS ruling.
I for one am taking whatever actions I can to make it happen. Below is a letter I snail mailed to ALL GOP governors today.
So no, we don’t have to live with Obamacare if we choose not to.
Charlemagne on November 9, 2012 at 4:37 PM
This one does have a shot, because there are comments from legislators about the “no subsidies for federal exchanges” being intentional, as a way to coerce the states into setting up their own exchanges. There is no funding for federal exchanges in the legislation, which also bolsters the argument.
This is a case of Pelosi & Co. being too clever by half and getting burned. Now they want to backtrack, and if it makes it to SCOTUS, this may be Roberts’ route to a Mulligan on pass #1.
lyons8804 on November 9, 2012 at 4:43 PM
Yeah, good luck with that.
squint on November 9, 2012 at 4:45 PM
No need for federalism, though that’s in play and there’s a 1% chance the Zimbabwean farce that is the “judiciary” will gut the based on the tax problems, as obviousl they should.
The House (“1/2 of 1/3 of the government!!!”) can not appropriate a dime to implement. There is a lot of Beltway deadweight that comes with this absurd and catastrophic nonsense. Unfunded, it doesn’t happen. That simple.
Of course the craven, stupid, cowardly, irresponsible GOP, and their cretinous Beltway horse-holders, would be unlikely to, you know, do their job and kill this thing on the appropriations level.
Very hard to care any more. It’s not the takers that have won, it is the idiots and ignoramuses (your family members, your neighbors, your work colleagues) – they are the ones that make all this possible. They, along with the alien creatures the Dems have become, and the useless cowards of the GOP. Bambi is symptom, not cause.
To rework Barone’s phrase in relation to the truly stunning election results – in this case it’s fundamentals (the degradation and cowardice of the country, the essential collapse of any American civic mindset) that have trumped the mechanicals (ample number of weapons at had to delay and hamper the ACA, if there is a will to use them).
IceCold on November 9, 2012 at 5:21 PM
Apparently our judicial system doesn’t really about the words of the law, only the political consequences of not correctly divining the magical intent of the policy makers.
Even when the law is very explicit and clear.
p0s3r on November 9, 2012 at 5:47 PM
The GOP will fund this monstrosity because it has failed to make the case that it is unsustainable, irrational, and immoral. Failing to fund it now would unleash the MSM and the Barky regime because a half-implemented OCare would be very painful (almost as painful as the fully implemented one). Lots of regulations, necessarily skyrocketing insurance costs, etc.
The Dems will say, sorry for you pain America but if the Repubs would just obey the law – the will of THE PEOPLE – then all will be unicorns sh*tting gold bars.
In memoriam of the late lamented crr6: COUNT IT.
CorporatePiggy on November 9, 2012 at 5:53 PM
Piggy, in a fantasy world of minimally responsible and self-respecting opposition (GOP), given the practical and political realities of this monstrosity (horribly unpopular, and certain to become more so as it is implemented), theD GOP would do exactly as I say. Not fund it.
Fearing the “press” would be like trying to not alienate your insane, violent enemies by not pre-empting them (oh, wait, that’s what the idiots at the CIA and elsewhere were opining back in 2002 WRT AQ). Anyway – an absurd concern for the GOP.
Can’t believe I’m even commenting here. Did not feel much connected to the country even before this week. Now ……. just happen to live here. Absent a remotely American mindset, it’s just lines on a map (well, between states, the int’l lines on the map are now imaginary, in reality).
IceCold on November 9, 2012 at 6:12 PM
What ever gave you the impression that OK’s suit will win? When has the SCotUS ever ruled in favor of the 10th Amendment?
Browncoatone on November 9, 2012 at 6:20 PM
I will be contacting my newly elected GOP gov here in NC to ask them to do whatever is necessary to keep this from affecting us here. Good letter Charlemagne.
Bee on November 9, 2012 at 6:28 PM