FixHealthCarePolicy

Obamacare Loses Big in Missouri; Voters Reject Individual Mandate

Missouri voters dealt Obamacare a significant setback yesterday, approving a statewide ballot measure by an overwhelming 3-to-1 margin.

The vote was the first time citizens had an opportunity to cast a ballot on the unpopular health care law. Missouri’s measure prohibits the federal government’s enforcement of the individual mandate to buy health insurance. The victory sends a strong message about Obamacare in a bellwether state.

“We’re excited and proud to be ground zero in the battle against this misbegotten federal health care reform,” said Missouri Lt. Gov. Peter Kinder in an exclusive interview. “We had the first vote in the nation in the Show-Me State. And we’re showing the nation the way to repeal and replace this big government, big bureaucracy, one-size-fits-all law.”

(more…)

Tags: ballot initiative, Individual Mandate, Missouri, Missouri Lt. Gov. Peter Kinder, ObamaCare, repeal

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

Court Refuses to Block Virginia’s Obamacare Challenge

A United States District Court has just announced that Virginia’s lawsuit, led by Attorney General Ken Cuccinelli, may proceed. This lawsuit, file shortly after Obamacare’s passage, represents the state’s direct challenge of the new law. This lawsuit is separate from a larger effort of several states, led by Florida.

Earlier this summer, we sat down with Cuccinelli for an exclusive interview to discuss the threat Obamacare poses and his state’s lawsuit.

You can read The Heritage Foundation’s research on Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional, here.

Tags: Attorney General Ken Cuccinelli, constitutionality, Individual Mandate, ObamaCare

White House Admits Obamacare’s Individual Mandate is a Tax

Throughout his presidential campaign, then-candidate Barack Obama promised the American people: “If you’re a family that’s making $250,000 a year or less, you will see no increase in your taxes.” After he became President, Barack Obama reiterated that pledge, promising the American people in his September 9th health care press conference: “The middle-class will realize greater security, not higher taxes.” But Obamacare does contain tax hikes. Tons of them. From taxes on tanning beds to taxes on employment and investments, Obamacare is a certified job-killing machine.

None of these taxes touches the lives of every American as closely as the individual mandate to purchase health insurance. For the first time in American history, Obamacare forces all Americans to purchase a product or face sanction from the Internal Revenue Service. This is clearly a tax, as pointed out by ABC News’ George Stephanopoulos during a September 20th interview with the President himself. In an exchange that can only be described as “Clintonesque” Stephanopoulos pressed President Obama to admit his individual mandate was a tax. But President Obama refused to acknowledge reality and denied it. Stephanopoulos was forced to read the definition of “tax” straight from Merriam Webster’s Dictionary. But even then Obama refused to come clean: “George, the fact that you looked up Merriam’s Dictionary, the definition of tax increase, indicates to me that you’re stretching a little bit right now. … Nobody considers that a tax increase.” Well nobody but President Barack Obama’s Justice Department.

The New York Times confirmed Friday that in preparation for defending constitutionality of the Obamacare individual mandate in court, an Obama Justice Department legal brief argues that the penalty used to enforce the mandate is “a valid exercise” of Congress’s power to impose taxes. Mr. Obama’s own Justice Department further repudiates the President’s earlier statement by noting that the penalty is imposed and collected under the Internal Revenue Code, people must report it on their tax returns, and that the Congressional Budget Office estimates that it will cost Americans $4 billion a year. Yale Law School professor Jack Balkin told a meeting of progressive activists last month that President Obama “has not been honest with the American people about the nature of this bill. This bill is a tax.”

The fact that the Obama administration and their allies are now admitting the individual mandate is a tax betrays their very real fear that the Supreme Court could find Obamacare’s individual mandate unconstitutional. In the bill itself, Congress identified the Commerce Clause as the source of their authority to force all Americans to buy health insurance. But as our legal team has made eminently clear, the mandate does not purport to regulate or prohibit commerce of any kind. To the contrary, it purports to “regulate”—and penalize—inactivity. If the Supreme Court allows the Obamacare individual mandate to stand, then Congress could do anything it wanted. They could: require us to buy a new Chevy Impala each year to support the government-supported auto industry; require us to buy war bonds to pay for the Iraq and Afghan wars; or force us to eat our vegetables.

But even if the Obama administration is now admitting the individual mandate is a tax, that still does not make the law constitutional. Rather than operating as a tax on income, the mandate is a tax on the person and is, therefore, a capitation tax. Therefore the 16th Amendment’s grant of power to Congress to assess an income tax does not apply. The Constitution does allow Congress to assess a capitation tax, but that requires the tax be assessed evenly based op population. That is not how the Obamacare mandate works. It exempts and carves out far too many exceptions to past muster as a capitation tax. The Obamacare mandate is still unprecedented and unconstitutional.

But perhaps more importantly, what does the episode say about the integrity of the White House? The President went on national television and insisted in unequivocal terms that his individual mandate was not a tax. Now his administration is saying the exact opposite. At what point do the American people lose all faith in this President’s word?

Tags: constitutionality, Individual Mandate, job killer, ObamaCare, taxes

Exclusive: Virginia’s Cuccinelli Confident in Legal Challenge to Obamacare

A U.S. district court judge will decide within 30 days whether to dismiss Virginia’s lawsuit challenging the constitutionality of Obamacare. From the perspective of Virginia Attorney General Ken Cuccinelli, the stakes could not be higher. The fate of federalism, he believes, hangs in the balance.

“This case really goes to the foundations of this country,” Cuccinelli said last night in an exclusive interview. “It is truly a case about the outer limits of federal power under the Constitution. It’s really not a case about health care. It’s a case about liberty. … It is a sad state of affairs when all that stands between us and the end of federalism is one lawsuit.”

But that lawsuit is not over yet — and Cuccinelli said he is optimistic it won’t be over anytime soon.

(more…)

Tags: constitutionality, federalism, Individual Mandate, ObamaCare, U.S. Health and Human Services Secretary Kathleen Sebelius, Virginia Attorney General Ken Cuccinelli

Constitution Comes First in Virginia’s Obamacare Challenge

RICHMOND, Va. – Visitors in Ken Cuccinelli’s modest office overlooking the state Capitol can readily see the appreciation of Virginia’s attorney general for the Founding Fathers.

Paintings of George Washington, Thomas Jefferson and Patrick Henry hang on his wall. The Gadsden flag stands next to his desk. And when you ask Cuccinelli about Obamacare, he immediately shifts the conversation to the U.S. Constitution.

“I don’t think in my lifetime we’ve seen one statute that so erodes liberty than this health care bill,” Cuccinelli said in a recent interview. “Certainly, we view our lawsuit as being not merely about health care. That’s actually secondary to the real important aspect of the case, and that is to protect the Constitution as we essentially define the outer limits of federal power. If we lose, it’s very much the end of federalism as we’ve known it for over 220 years.”

(more…)

Tags: Attorney General Ken Cuccinelli, Founding Fathers, Individual Mandate, ObamaCare, repeal, unconstitutional, Virginia

Welcome to the Real World: Grim Prospects for Young Adults under Obamacare

As the Obama Administration’s allies are gearing up to spend $125 million over the next five years to sell the health overhaul law to the public, including seniors, there has been a noticeable vacuum in the discussion over the impact on younger adults. This topic was in the spotlight at a recent event sponsored by the CATO Institute: “How Will Obamacare Affect Young Adults?”

While the President received one of the largest margins of support from 18-29 year old voters during the 2008 election, there is growing skepticism over the President’s handling of health care and the final version of the bill signed into law. Under the overhaul, Michael Cannon, Director of Health Policy Studies at the Cato Institute, says that flawed policies are used to fix other flawed policies. For example, for price controls to work, an individual mandate is required; but for a mandate to work, more taxpayer subsidies are necessary. But what happens when the central planners’ calibrations are off? Younger and poorer adults who stay in the health insurance market will be cross-subsidizing the premiums of older and wealthier Americans not yet eligible for Medicare. From the “have nots” to the “haves”—a new social policy. (more…)

Tags: Cato Institute, health insurance regulations, Individual Mandate, ObamaCare

More Inconvenient Obamacare Truths

Last week the Centers for Medicare and Medicaid Services (CMS) released the final cost projections for Obamacare, finding that, contrary to White House claims, the legislation will increase national health spending by $311 billion over the next decade and will cause 14 million Americans to lose their current employer-based health coverage. President Barack Obama unleashed his staff to attack Foster’s work. Nancy-Ann DeParle, director of the White House Office of Health Reform, and White House Communications Director Dan Pfeiffer downplayed and criticized Foster’s analysis on the White House website. As Heritage’s Rob Bluey reports this was not the first time the author of the report, Medicare and Medicaid chief actuary Rick Foster, had been attacked by a White House: (more…)

Tags: Centers for Medicare and Medicaid Services, CMS Chief Actuary Rick Foster, employer mandate, Individual Mandate, Medicare Advantage, ObamaCare, Politico, welfare spending