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The Right Prescription
Ten Ways That Obamacare Is Bad Law
If not struck down, it must be repealed.
It was the kind of spectacle that policy wonks savor — three days of dry and complex argument before the U.S. Supreme Court on the constitutionality of the Affordable Care Act, commonly known as Obamacare.
To cite a question that occupied a whole day of questioning: If the federal government can compel you to buy health insurance, can it also compel you to buy broccoli — or anything else that it deems to be in your best interests?
Should the Supreme Court uphold the law, it will signify that the act has met the minimal standard of constitutionality. Nothing more. The debate over constitutionality, however it is resolved, should not obscure the fact that the health care reform act is simply a bad law. Let us count the ways that it violates basic principles of sound policy.
1. It exemplifies a legislate-in-haste-repent-at-leisure mentality. Few Senators and Congressmen had time to read the 2,700-page bill before it was brought to a vote. Then-House Speaker Nancy Pelosi famously stated, “We have to pass the bill so that you can find out what’s in it.”
2. It violates the principle of impartiality. “When a bill is 2,700 pages,” as columnist/author Mark Steyn noted, “there is no equality: Instead, there’s a hierarchy of privilege micro-regulated by unelected, unaccountable, unconstrained, unknown and unnumbered bureaucracy.” Already the administration has granted a long list of exemptions to various companies and unions.
3. Recently, the Department of Health and Human Services dictated that employers, including religious organizations, must cover contraception and abortion-causing drugs in their health plans. Apart from any moral objections to such provisions, why should the federal government tell employers and employees what their health insurance has to cover?
4. Good public policy would encourage health care consumers to shop around and purchase insurance policies that are best suited to their own needs and spending priorities. The health care reform bill does the opposite. Decision-making power is turned over to bureaucrats, who pay no price for decisions that are costly or wrong-headed.
5, 6, and 7. Good public policy does not raise false expectations. Backers of the health reform bill violated this principle three times over. They promised a) anyone can “keep their plan if they like it’; b) the plan would mandate many new benefits and still reduce the average family premium by $2,500; and c) that it wouldn’t add “a single dime” to the federal deficit. To review each of those points in turn:
According to a McKinsey & Co. study, a third to a half of employers plan to stop offering health insurance beginning in 2014. Faced with expensive mandates and less expensive fines, many employers will choose the fines and cause their employees to move to government-sponsored plans.
Another study concludes that a typical family health insurance plan costing $12,300 today will cost more than twice that by 2019. There are no “free” mandates or other benefits — to paraphrase Milton Friedman.
And finally, the administration has grudgingly acknowledged spiraling costs under its plan. Last October, the administration dropped the long-term care program known as the Class Program from implementation of the new law as financially unworkable. It also added $111 billion premium subsidies to its proposed fiscal 2013 budget.
8. Good public policy avoids ticking time bombs. The health-care law is filled with them.
The legislation will increase Medicaid enrollment by an estimated 24 million new beneficiaries by 2015. Missouri and other states struggling to balance their budgets will pick up a significant share of the cost.
The law includes a massive new health entitlement/income redistribution program for families earning more than three times the poverty level. In 2014, it will channel up to $3,000 in taxpayers funds to families making up to $95,000.
It also discriminates against young people, forcing them to purchase health insurance at inflated prices in order to subsidize older beneficiaries. Simultaneously, the law imposes severe penalties on young people who use Health Savings Accounts to secure health benefits for themselves in later years.
9. The law is fiscally irresponsible. It includes a raft of new taxes. But these appear to be wholly inadequate to the task of paying the bill for over-promising and extending new entitlements to tens of millions of people. That leaves rationing as a last resort, and the government’s own reports contemplate major cutbacks in Medicare spending down the road.
10. The Affordable Care Act is truly unaffordable… and unsustainable. Perhaps the Supreme Court will strike it down. But whatever the Court decides, that does not excuse our elected representatives from their responsibilities. Our government should not erode our freedoms, degrade our quality of life, or bankrupt our future. The health care reform bill does all those things. If it is not struck down, it should be repealed.
About the Author
Andrew B. Wilson, a frequent contributor to The American Spectator, writes from St. Louis.
Letter to the Editor View all comments (37) | Leave a comment
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Bill Hussein O'Stalin| 4.3.12 @ 7:43AM
A great article.
You should have also mentioned that by 2014 over 5 million health care workers will have become unemployed, replaced by bureaucrats whose idea of risk is arriving at their taxpayer financed desk.
Jack in Wi.| 4.3.12 @ 8:30AM
Your boy Romney will never repeal Obama care. It is up to the Surpreme Court or it will be with us until the country is unable to fund it, just like universal healthcare in the old Soviet Union, and every other socialized heathcare sytem in the world.
Teaghan| 4.3.12 @ 8:38AM
I wish someone here at AS would repeal you Jack. You're a pain in my ass this morning.
Dr. X| 4.3.12 @ 10:08AM
Hate to say it but Jack's right. Romney can't repeal Obanmacare on his own. He can only do it IF Republicans hold BOTH houses of Congress and pass a repeal bill. And they're going to need 60 votes in the Senate to avoid a filibuster, unless they go back and try the "reconciliation" gimmick like the Democrats did.
What are the chances of that? Slim to none.
The best way to repeal unconstitutional legislation is to not elect the bastards who pass it in the first place.
But that ship sailed...
Al Adab| 4.3.12 @ 6:21PM
Nonetheless, a new GOP President could issue an executive order exempting the States from complaince with the law. Since the precedent is to grant waivers to contributers and friends, this is no stretch. Who among the candidates would take that step?
GW| 4.3.12 @ 7:02PM
Not RuPaul, lest he himself violate the constitution's separation of powers. The problem with libertarians is they don't understand human nature or progressiveism. You have to fight fire with fire.
The American Hitman| 4.3.12 @ 9:45AM
Don't worry, Romney is going to repeal Robamneycare....
The ADD-GOP strikes again
Appleby| 4.3.12 @ 7:46AM
What a surprise -- a goodie basket that contains nothing but snakes, with a very large mandatory price tag tied to the handle.
Timothy L. Pennell| 4.3.12 @ 9:02AM
Indeed.
Also, if you look under all of the goodies? You'll find a Map to follow, as you traverse the Road to Hell.
TexasMom2012| 4.3.12 @ 8:00AM
If Obamacare is run like any other Government agency, ie. State Dept for passports, ICE for deporting illegal criminals (sorry for redundancy), the DMV, Social Security, Medicare, and I expect no better from Obamacare then my Orthopedic surgeon has the right idea. He served his 20 as an Army hospital surgeon andplanned to build up his retirement nest egg with a private practice after his retirement. Now he and his partners in a local orthopedic hospital see the Obamacare train wreck coming right at them. They started the process of getting together the permits and government licenses to move their practice to Mexico on a fee only based practice. How sad is that? And the next time I need a new knee, I guess I will be heading south of the border unless either SCOTUS does their job or Congress repeals this monstrosity. Sigh
Von Mises Jr.| 4.3.12 @ 8:52AM
ObamaCare is the big enchilada of the redistribution of wealth along with "affordable housing" and Agenda21.
A perfect example is in the news the last 24 hours. GSA Administration that is supposed to guarantee the lowest cost to government spent over $800,000 for entertainment (a clown and mime). How appropriate for our government: masters of slap stick and no answers. This was for 300 GSA employees who partied like it's 1999 in Vegas. On our dime.
Indy| 4.3.12 @ 8:56AM
I posted this on the lead article of the day but posting here as well. This attorney took the time to walk us through the hearings and insight to Kennedy's past rulings. The agruments on what this law does to the youth is eye-opening, the impact to our freedoms and the impact to the States with the vast expansion of Medicaid is also addressed. Long piece but worth the read when you have time.
http://forloveofgodandcountry......re-ruling/
oldfart| 4.3.12 @ 9:10AM
This law is NOT about health care. It is about setting the ground work so the Central Authority (read Executive Branch) can order people what to eat, what to drive, where to live etc. etc. etc.
With this law the Central Authroity does not need the Congress or the Courts. It will have the legal authority to RULE as as Roman Emperior over every aspect of a citizen's lives.
Hail to Emperior Barack the First - Emperior of the North American Union. (Don't think you are getting out of this our Canadian friends)
JP| 4.3.12 @ 10:50AM
And you forgot guns. An entire industry is devoted to making the ownership of fire-arms a healthcare issue.
Teaghan| 4.3.12 @ 4:21PM
I've told husband, if your physician, nurse, nurse practitioner or any other human in the medical office asks if we have firearms in our home, you answer with "that is none of your business" just lie and say no.
GLENNY| 4.3.12 @ 4:34PM
Perhaps we should amend Ocare to require acquisition of a firearm of each and every citizen. As well, in order to stimulate the national economy, require purchase of a Chevy/Ford/Dodge pickup truck.
I sure wish some Repub congressman would introduce that bill in Congress TODAY !
glenny
Louis Jenkins| 4.3.12 @ 10:08AM
Why can't the government dictate that the american citizens must eat broccoli? They mandate that we do everything else. And don't forget your carrots. Except for the corporations that get exceptions, and that includes congress. Great eating, broccoli and carrots three times a day.
Bill| 4.3.12 @ 10:48AM
Can someone please give me a fairly simple explanation of how the claims of Obama and other lefties, that if the Supreme Court overturns Obamacare as unconstitutional it's "judicial activism," is supported by any kind of logic? Under what kind of analysis would an overturning of a law that purports to create commerce in order that it be regulated be judicial activism?
I really would like to know how the Left gets to that conclusion because it really does escape me; I'm not trying to be a wise guy - I really would like to know.
idalily| 4.3.12 @ 5:15PM
Because that is the talking point they were given by Kos and HuffPuff. Duh.
BUgs| 4.4.12 @ 10:53AM
Obvious:
Court overturns a law that liberals like = judicial activism.
Court overturns a law that conservatives like = sound jurisprudence.
Homer Simpson| 4.3.12 @ 11:17AM
DUH! The problem is the problem itself. INSURANCE. Look if I can't afford to go to the doctor or hospital myself...I'll pay for insurance and they will pay for it for me... Yea right, and with all the agents, office workers, redtape and assorted other problem that creates no wonder it is a nightmare, and costs to the moon. The problem is everything in the medical area is way over priced, principaly because of the remedy INSURANCE! Want more affordable doctors? Then force the medical schools to graduate more doctors. Want hospital rates to be lower? Either deport Illegals or have their country of orgin to pay the bill. Want lower costs prescription meds? Well get on the manufactures, make the sell for the same prices they sell other countries. Let doctors advertise their office call rates, promote the use of nurse practioners, especially in close to hospital emergency rooms. Etc. etc. etc. You can most likely think of at least several ideas yourself. Good God we don't need someone to figure out how to wring more money out of over worked, over taxed, over whelmed folks, by morons in Washington.
Purp| 4.3.12 @ 11:43AM
And, won't you feel dumb, if the Supreme Court doesn't do what you expect them to do?
Von Mises Jr.| 4.3.12 @ 12:55PM
This is the problem with liberals, Perp:
A sign of intelligence is an awareness of one's own ignorance.
-- Unknown, Unknown , Unknown
Liberals believe that man is perfectable, and the best and brightest can exceed societal achievements with reason.
So how do you explain Solyndra? Ener1? Skyrocketing oil prices? Dismal GDP growth? Inflation tracking at 8% (2% in first quarter)? Real U3 Unemployment at about 10?
Is Obama and his gang stupid or simply corrupt tyrannts??? I thought he and guys like you said "he was the one we are waiting for." It is like waiting for your dog to crap, and then marveling how he does it with such grace and effortlessly.
Von Mises Jr.| 4.3.12 @ 2:02PM
Hey Perpetrator, Here is another $2.1B solar "green energy" company that went bankrupt and the money gone.
http://campaign2012.washington.....oan/459621
Are you liberals that stupid or are you stealing the taxpayers money??? Be a man. Admit you are crooks.
Come on Perpy, you seem to have all the answers. Unfortuantely, I have not heard any correct ones yet!!!
From the Desk of Media Matters| 4.3.12 @ 2:18PM
Pierre-Pansy Putz-Pelosi,
MM staff wonders what would cause you to feel dumb.
MM staff wonders whether you are more or less dishonest than the idiot in chief, who just stated publically on television in his milestone 2,000th speech as liar in chief that he understands jobs are created by the private sector not government which is why he has cut taxes for small business owners 17 times in his 3 years.
MM staff wonders if you are not the liar in chief himself using an anonymous alias on the internet to float ideas for future hundreds if not thousands of public televised statements.
Stop discrediting us in the manner of our liar in chief.
- MM staff
Skippy| 4.3.12 @ 4:09PM
"And, won't you feel dumb, if the Supreme Court doesn't do what you expect them to do?"
Dumb, no.
Potentially violent, yes.
Indy| 4.3.12 @ 11:56AM
If Government healtcare is so great why is the US Postal Service trying to opt out?
“In response to this fiscal crisis, the US Postal Service recently presented its five year business plan to profitability…the centerpiece of this plan involves shifting USPS employees and their retirees from the Federal Employee Health Benefits Plan (FEHBP) to a new USPS run health plan.”
Donahoe claimed a private health plan for the USPS will result in annual savings of approximately $7 billion and will function like any other health insurance plan in the private sector."
http://cnsnews.com/news/articl.....-insurance
Petronius| 4.3.12 @ 1:16PM
Donahoe will never get any traction on any of his proposals because the main article in the package is the repayment to the USPS of the money plundered by Congress going back to the old Post Office Dept.
LiveFreeOrDie| 4.3.12 @ 12:22PM
What's the exemption count up to now? And how does that square with equal protection?
RichTex| 4.3.12 @ 12:51PM
If I were President and couldn't get a repeal bill through Congress, I would be tempted to grant a waiver to every citizen in any state where the Governor has submitted a request for such an exemption. Then we'd see how many Democrat Governors really want Obamacare in their states.
PolishKnight| 4.3.12 @ 2:18PM
That's a great idea. In addition, I'm wondering if this isn't an albatross on the left in the long run rather than an asset. Yes, it will push people onto commiecare but it will be the worst commiecare imaginable (making Soviet era care seem preferable by comparison.)
What made socialism work in Western Europe is that worked, at least in the short term. They had a closed population and borders, a well educated, ordered populace already used to statism, and a system of government that was also ideally suited to statism.
The USA's so-called free market capitalism is more than it's Constitution but also in it's DNA: a mess of race relations that helps the left win elections, but ruins any government program they pass (how is public education working out? Or welfare?) The laws are passed out of the gate that guarantee they fail within a matter of months rather than decades as in Europe.
In other words, the worst thing for leftism in the states would be when they actually win.
GLENNY| 4.3.12 @ 3:44PM
Tex,
to follow up on your point re: waivers. Wouldn't it be great if the Repub nominee (Romney ?) would say that if elected POTUS, he would REVOKE every waiver that Sebelius has granted. You think that might make the unions rethink their support for ObamaCare? I do.
Also, what would happen to Ocare if the next POTUS (not Zippy) would campaign on, if not repealing Ocare, simply ignoring the law? Wouldn't it collapse under its own weight through inaction?
glenny
LiveFreeOrDie| 4.3.12 @ 6:56PM
If you're looking for support through the revocation of waivers you can start with the one for congress.
Forstero| 4.6.12 @ 3:19AM
I have a bi-annual doctor's appointment coming up in a month. As usual, the doctor will ask me if I have anything I'd like to mention. My response this time will be, "Yes, but in today's political/medical climate, I don't feel comfortable discussing any of my medical issues with you, or anybody else".
Another problem with Commiecare is that they're forcing all of us to buy Cadillac coverage when all I want is a Chevy. I'll pay for my general doctor visits. I'll pay for my low cost prescriptions. What I can't afford is the stroke, heart attack, or cancer. I don't need insurance because I have a head cold or even a broken arm.
zeke spelkinzeckler the third | 5.4.12 @ 8:25AM
lets not forget that if your poor and sick you would get medical attention, oh the horror!
"Its not that republicans hate people, they just don't think most persons are people in the first place."
http://kamikazeearth.blogspot.com/