FixHealthCarePolicy

Another Victory on the Road to Repeal

Last month at a town hall in Hayward, Calif., a constituent asked Rep. Pete Stark (D-CA) about Obamacare: “If this legislation is Constitutional, what limitations are there on the federal government’s ability to tell us how to run our private lives? … If they can do this, what can’t they?” Stark, a long-time advocate of government-run health care, gave an honest yet troubling answer: “The federal government can, yes, do most anything in this country.”

Yesterday a federal court in Virginia agreed with the logic, but not the Constitutional understanding, of Stark’s view of federal government power. In the first substantive legal ruling on President Barack Obama’s health regulation law, U.S. District Court Judge Henry Hudson held that the Commonwealth of Virginia raised a valid substantive theory to challenge Obamacare and that its democratically passed Virginia Health Care Freedom Act provided it standing to challenge the federal individual mandate. On the issue of that mandate, Hudson wrote: “Unquestionably, this regulation radically changes the landscape of health insurance coverage in America. … No reported case from any federal appellate court has extended the Commerce Clause or the Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce.”

Echoing the court’s ruling, Virginia Attorney General Ken Cuccinelli said: “This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution.” And it is becoming more and more clear that Obamacare makes it next to impossible for Americans to even track, let alone check, federal power. While the Joint Economic Committee released a report showing that the President’s health law created an impenetrable web of at least 47 new bureaucratic entities, a CRS report from earlier in the month drew an even starker conclusion: “The precise number of new entities that will ultimately be created pursuant to PPACA is currently unknowable.” (more…)

Tags: government-run health care, Individual Mandate, ObamaCare, Virginia Attorney General Ken Cuccinelli

Cuccinelli on Obamacare Lawsuit: ‘We Are Doing What the Founders Expected’

RICHMOND — Virginia Attorney General Ken Cuccinelli said he will file a formal response as early as next week to the federal government’s attempt to dismiss Virginia’s legal challenge to Obamacare.

In an exclusive interview with Heritage, Cuccinelli said the federal government’s motion to dismiss, released on Monday, was mostly predictable. He said the attorney general’s office had already anticipated the government’s arguments and will have its response ready on or before June 7.

“What they filed on Monday was very much what we expected,” Cuccinelli said in an interview at his Richmond office. “You never know exactly how they’re going to present it, but we did expect them to move to dismiss the case.”

The legal maneuvering puts Cuccinelli at the center of the Obamacare court battle. In addition to Virginia’s lawsuit, 20 states have joined a legal challenge from Florida. Virginia is pursuing its own strategy because its legislature adopted a law protecting its citizens from the individual mandate.

Cuccinelli said the stakes are high and he expects Virginia’s case — and probably Florida’s — to end up before the Supreme Court within the next two years.

(more…)

Tags: government-run health care, motion to dismiss, ObamaCare, Virginia Attorney General Ken Cuccinelli, Virginia's legal challenge

Obama Knows Obamacare Increases Government Control, Right?

At his impromptu press conference yesterday, President Barack Obama again defended his health care plan this time claiming:

“I don’t know if people noted, because during the health care debate everybody was saying the President is trying to take over — a government takeover of health care. I don’t know if anybody noticed that for the first time this year you saw more people getting health care from government than you did from the private sector — not because of anything we did, but because more and more people are losing their health care from their employers. It’s becoming unaffordable. That’s what we’re trying to prevent.”

First of all, we definitely noted the Centers for Medicare and Medicaid Services (CMS) report the President references above. But more importantly, if we are to take the President at his word, and believe him when he says he wants to prevent a government takeover of health care, then he should know that his plan is the exact wrong direction to go.

In a separate report on the Senate health bill issued earlier this year, the CMS projected that over half (18 million) of the 33 million Americans who would gain health insurance because of Obamacare, would do so by enrolling in Medicaid … which is a government run health care program. And another 2 million would enroll in Medicaid for supplemental coverage. (more…)

Tags: Centers for Medicare and Medicaid Services, government takeover, government-run health care, ObamaCare

Morning Bell: A Six-Hour Infomercial Can’t Save Obamacare

Right before the Super Bowl, President Barack Obama spoke about health care reform with CBS News’ Katie Couric: “I want to come back and have a large meeting, Republicans and Democrats, to go through systematically all the best ideas that are out there and move it forward.”

According to aides, the President envisions a half-day meeting on February 25th held in Blair House (a building across the street from the White House) presumably televised by C-SPAN. President Obama’s conciliatory rhetoric aside, everyone knows this publicity stunt has nothing to do with actually considering conservative health care reform ideas and everything to do with the appearance of transparency and bipartisanship. The New York Times reports: “In making the gesture on Sunday, Mr. Obama is in effect calling the hand of Republicans who had chastised him for not honoring a campaign pledge to hold health care deliberations in the open, broadcast by C-Span, and for not allowing Republicans at the bargaining table.”

And the reality is that Democrats have no intention of including conservative ideas this late in the game. The Washington Post reports that White House officials “said the president will come to the health-care summit armed with a merged version of the two bills that Democrats strong-armed through the two chambers with almost no GOP backing.” And The Post adds that Congressional Democrats show no signs of intending to listen to new ideas either: “In separate statements Sunday, Democratic leaders praised the president for calling the bipartisan summit but made clear they are not prepared to give up on the progress they made last year.” (more…)

Tags: government-run health care, Health Care Summit, infomercial, ObamaCare

Has Obamacare Already Won? Existing Government Programs to Take Over Health Care by 2012

For the past several months, Washington has exhausted every possible method to pass a health care bill designed to increase government’s control over health care. They haven’t been successful yet, but that may not matter: even without Obamacare, government health spending is set to increase far faster than private health expenditures, surpassing the private sector as soon as 2012.

Today the Centers for Medicare and Medicaid Services released its projections of national health expenditures for the next ten years. The report shows that spending by the public sector grew much faster in 2009 at 8.7 percent, compared to the private sector which only grew at 3.0 percent. Though public spending was heightened by the recession, as unemployment caused more Americans to lose employer-sponsored coverage and enroll in Medicaid, the trend is expected to continue into the next decade.

What is more, the report bases its projections on current law. In the case of Medicare, this underestimates future spending. Under current law, Medicare is set to reduce physician reimbursement rates by 21.3 percent in 2010. This would lead to growth in Medicare spending of just 1.5 percent in 2010. However, the likelihood of these cuts coming to fruition is slim to none, as every year, Congress votes to suspend them. 2010 will likely be no different. A report by Health Affairs cites that, if physician payment rates are held constant, the more likely growth in Medicare will be 5.1 percent in 2010. Whether or not these physician cuts occur is no small matter—with them, overall health spending growth would be 3.9 percent. Under the more likely scenario, health spending growth would be 4.7 percent. (more…)

Tags: Centers for Medicare and Medicaid Services, government-run health care, ObamaCare, tipping point

Morning Bell: Speaker Pelosi’s Job-Killing Agenda

After a three-week holiday break, the House of Representatives returned to session yesterday, and Speaker Nancy Pelosi (D-CA) marked the occasion with an op-ed detailing her “record of achievement” and outlining her agenda for the rest of the 111th Congress. Pelosi writes: “At the halfway mark in this Congress, our priorities are clear: strengthening the security of the American people and building a new economy that offers our families lasting prosperity.” But the 111th Congress is not the first Congress Speaker Pelosi has presided over. When Pelosi was first handed the gavel in January 2007, the U.S. economy employed 137.3 million people and our nation’s unemployment rate stood at 4.6%. According to the Labor Department’s most recent report, the U.S. economy has shed 6.3 million jobs since then, and 10% of our workforce is now unemployed.

Speaker Pelosi goes on to claim that President Barack Obama’s failed stimulus has “created or saved” 1.6 million jobs so far, but even the White House has abandoned its controversial “saved or created” jobs accounting scheme after more than 90,000 of the 640,000 jobs it claimed to create were found to be completely fraudulent. Pelosi then touts the Cash for Clunkers program as another success despite the fact the program did nothing to create auto sector jobs, led to a crash in auto sales, and did nothing to help the environment. Pelosi also celebrated the expansion of the State Children’s Health Insurance Program (SCHIP), which only further bankrupts our states and inched us ever closer to government-run health care. (more…)

Tags: CHIP, government-run health care, House Speaker Nancy Pelosi, Medicaid, ObamaCare, small businesses