ObamaCare is still vulnerable
There are many arguments against creating exchanges.
First, states are under no obligation to create one.
Second, operating an Obamacare exchange would be illegal in 14 states. Alabama, Arizona, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Ohio, Oklahoma, Tennessee, Utah, and Virginia have enacted either statutes or constitutional amendments (or both) forbidding state employees to participate in an essential exchange function: implementing Obamacare’s individual and employer mandates.
Third, each exchange would cost its state an estimated $10 million to $100 million per year, necessitating tax increases.
Fourth, the November 16 deadline is no more real than the “deadlines” for implementing REAL ID, which have been pushed back repeatedly since 2008.









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States need to do just this. Use the Tenth Amendment and protect States’ sovereignty.
davidk on November 9, 2012 at 9:03 PM
It is also vulnerable on First Amendment grounds. Liberty University is pursuing this.
txmomof6 on November 9, 2012 at 9:06 PM
Here is how that will work.
Then your state will pay tax penalties, get nothing in return, and that money will be sent to Illinois and California to buttress their budgets.
astonerii on November 9, 2012 at 9:07 PM
And as I understand the law.. if it is possible to understand it at all.. the President has the power to grant waivers. So let the next Republican grant all 50 states and all legal residents permanent ones.
Can’t be done? Why not? Obamam has been giving everybody waivers and Obama has been ignoring laws and issuing executive orders all day long!
Here is something else. States are already ignoring other Federal laws. Cities are creating safe havens for illegals.. against the Feds. States are legalizing pot against Federal laws. So why can’t states ignore ObamaCare? So what would the Feds do? Stop sending Federal monies to the states? A boycott in other words. The Federal government will boycott that state(which is why boycotts do work! The Feds do it all the time).
But it is time for Red states to get out of taking Federal money. If the cost is 100 million per year to implement ObamaCare… keep the money and let the Feds keep their Federal money. And if they aren’t going to send the Federal money to the states.. they need to give it back to the people from which they took it!
JellyToast on November 9, 2012 at 9:11 PM
They are going to tax people into poverty.
Blake on November 9, 2012 at 9:12 PM
And there is a drafting error. Those people in states with state exchanges must buy insurance or pay the tax.
But they forgot to put in “and states with federal exchanges” too.
So if you’re in a state with no state exchange, under the statute, you don’t have to pay the tax if you don’t buy insurance.
The Treasury has said the IRS will “interpret” the law as if federal exchanges were included.
Good luck with that in SCOTUS. I’d bet even Roberts isn’t going to write in missing words.
And the House would never amend Obamacare to clean up any messes.
Wethal on November 9, 2012 at 9:16 PM
And none of this has to be repealed. Just pass the “ObamaCare Amendment Act” or whatever the heck you want to call it by a simple majority and you could have an entirely new law. It happens all the time. Nobody repealed a blasted single law when they made ObamaCare. Politicians just want us to think repeal is the only way.. because it’s the hardest way. It isn’t.
Say you’re doing it for the children and to save the polar bears and who the heck cares. Just do it!
But I’ll tell you one other reason why people like Boehner don’t want to fight. They don’t want to encourage average people too much. They don’t want too many thinking they can too easily have an influence on procedures. That is why they despise the TEA party. Too many yahoos out thinking they know better than they do how to run things!
At least we know how to recognize real courage when we see it. The Marines who gave their lives in Benghazi displayed courage. Boehner and the rest of the GOP elites are shameless in their cowardice and willingness to surrender so easily!
JellyToast on November 9, 2012 at 9:26 PM
RobertsThe Supremes defined obamacare as a tax bill. However, it did not originate in the House as the Constitution requires. A lawsuit by a private group was filed September 1st on those grounds. Why didn’t the Spelunker of the House, his “leadership” team or any other R member of the House (or Senate) file such a court action?…Gohawgs on November 9, 2012 at 9:28 PM
All that, plus he doesn’t want to disturb the status quo. IWO, I still got mine; screw you.
I don’t trust the Republican Party.
davidk on November 9, 2012 at 9:31 PM
Couldn’t this go back to court once people are taxed? It is my understanding that once it takes affect and a person is taxed then it can be challenged.
Russ86 on November 9, 2012 at 9:31 PM
Also check out Jonathan Adler’s line of attack, if you haven’t already — seems very intriguing, and Adler is one of the best in his field, not some fringe guy vying for attention.
Here’s another link to the VC with more info.
thirtyandseven on November 9, 2012 at 9:34 PM
Reid used the shell technique. He took a tax bill from the House, amended it to extract all content, amended it again to insert the Obamacare language, and passed that. Sent it over to the House for Pelosi to pass again as amended.
SCOTUS rarely, if ever, gets involved in congressional procedural matters.
Wethal on November 9, 2012 at 9:35 PM
That was already decided, although perhaps not completely, in the first appeal. The federal Anti-Injunction Act does say that you can’t challenge a tax until you’ve had to pay it. Then you have standing. But Roberts said it was not a tax under this law, so AIA didn’t apply. Then he said it was a tax under Congress’ constitutional taxing power.
Yes, that is why so many conservatives were doubly outraged.
I don’t know if there are other grounds to raise on it being a tax before SCOTUS.
Wethal on November 9, 2012 at 9:40 PM
Point taken. I’ve slept a couple of hours since then…Thanks
Gohawgs on November 9, 2012 at 9:41 PM
In any state with a federal exchange, they will price their policies under private insurance company rates and drive them out of the market faster. Death spiral towards single payer swirls around the drain faster.
karenhasfreedom on November 9, 2012 at 9:48 PM
You know, there’s a tendency to think of this sort of stuff as wishful thinking, but it actually plays to a tendency of our government that can’t be underestimated – their desire to punt on the big questions. We’ve seen it plenty in regard to the debt, we’ll here it can work for us. If the left can be made nervous enough to agree to deadline delays in exchange for, well their ever-needed debt limit increases, then we might be able to push back some of the worst parts of this.
Not that I’m saying this will happen. We need our leadership to grow a pair first, and that isn’t crazy likely. But up there’s the fourteen states to relocate to, assuming this crap does go down as expected.
Gingotts on November 9, 2012 at 9:53 PM
Broken record alert!
Obamacare can be defeated via reestablishing federalism. Click my name to go to my blog and find out how.
Below s the letter I sent to ALL GOP governors today. I will also be contacting as many TEA Party groups as I can to enlist them to the cause of federalism.
Join the effort.
Charlemagne on November 9, 2012 at 10:00 PM
10th Amendment.
RedNewEnglander on November 9, 2012 at 10:12 PM
Thanks for posting!
The key word here you used is “effort!”
Too many of us are becoming just like the takers of society. They expect a free phone. We expect our liberty just for getting out of bed in the morning. No. the free phones don’t just fall out of the sky. Somebody had to work to pay for it. Freedom is the same way. Don’t sit around complaining expecting others to work for what you want.
Hey Mr. Boehnar… what exactly are you receiving a pay check for? I have this feeling it was for something other than warming your freaking chair.
JellyToast on November 9, 2012 at 10:33 PM
Perhaps, but some of us live in Blue States that are already implementing an exchange so that the tax can be immediately applied.
Browncoatone on November 9, 2012 at 10:46 PM
There is a problem with pricing private insurance out of business. In Duquesne Light, SCOTUS said it was an unlawful taking to regulate a business so much it could not make a reasonable profit. 9-0 decision.
Wethal on November 9, 2012 at 11:36 PM
Barack 3:16 For Obama so loved the poor that he created millions and millions more.
The Rogue Tomato on November 9, 2012 at 11:42 PM
this would be all well and good if the States actually had any power. The States are just administrative districts of the federal government these days.
Federalism no longer exists.
Joseph Russo III on November 10, 2012 at 1:29 AM
I wouldn’t be so sure on either one of those.
According to the constitution, Congress can only pass taxes that are apportioned among the states. Therefore, if California has 12% of the population, 12% of the tax must come from there. The only exception to that rule is the income tax since it was passed in a separate amendment. So, theoretically, if the amount of this “tax” is not apportioned, then the tax is unconstitutional. However, someone has to pay that tax to make the claim. Who’s up for dropping their health insurance for a year to see how that goes?
Odysseus on November 10, 2012 at 6:22 AM
I’ve never had health insurance. I came out of the Marines uninsurable.
astonerii on November 10, 2012 at 8:28 AM
If you don’t mind me asking, how so (just curious)?
ShainS on November 10, 2012 at 9:06 AM
Migraines. Lots and lots of migraines. I got malaria, they failed to diagnose and treat it for over 2 months. Its a lovely disease. You wake up in the morning all happy and what not, got to work, work your tail off, head out to each lunch and at exactly, to the second every day 10 minutes to noon you get a fever, sweating, vomiting. You go see your local Corpsman and get told you are faking it, then head to your cot, try to sleep but cannot until around midnight you finally collapse and wake up in the morning all better. Rinse and repeat, day, after day after day. Then they send you on a forced march through the mountains and around noon you get dizzy and walk off a 40 foot ravine ledge. Good times. But that is still not enough for them to actually treat you, no no no… more weeks of going through the same ritual. Then one day you go in an have a temperature above 106 and they decide maybe you are not faking it. They put you in the back of an open Humvee and hook you up to two IVs and open them up full flow and drive you to the Air Force base hospital where at admission your temperature is 107.5 degrees and they promptly put you in an ice bath. Then they finally treat you for malaria and you get better, well, except the brain damage that occurred that causes my migraines.
Uninsurable might be exaggerated, Unaffordable insurable is the reality.
astonerii on November 10, 2012 at 9:19 AM
Thanks for the response, astonerii — and so sorry to hear that. Wow. Unaffordable insurance is effectively uninsurable …
ShainS on November 10, 2012 at 10:20 AM
If I could hold a job, I could probably get insurance. Problem is my jobs last about 18 months on average before I have had a few too many migraine missed days to be considered “reliable”.
astonerii on November 10, 2012 at 10:31 AM
You don’t actually have to drop your health insurance. You merely have to file your tax return without disclosing your insurance information.
cthulhu on November 10, 2012 at 1:19 PM