Back in September, when Republicans first floated the idea of starving the ObamaCare beast, Health and Human Services Secretary Kathleen Sebelius argued that "what the Republicans will be faced with" when they try to defund ObamaCare "is really taking those benefits away," something the Obama administration was counting on to be a losing proposition for the GOP. The "benefits" to which Sebelius was referring include such things as the prohibition of denying health insurance to persons with pre-existing conditions, the extension of dependent coverage for children up to age 26, and the ban on lifetime coverage caps.
When, in 2009, the American Medical Association (AMA) endorsed President Barack Obama’s healthcare reform bill, many Americans probably assumed that most physicians therefore backed the legislation. In fact, that was not the case at all.
In the original Star Wars, rebels fighting for freedom from the Empire destroyed Darth Vader’s Death Star, which was capable of obliterating an entire planet. The Empire was reluctant to part with such an instrument of death, however, so the Death Star was rebuilt in Return of the Jedi.
Score one for the Constitution. U.S. District Court Judge Henry E. Hudson, in Richmond, Virginia, ruled December 13 that the ObamaCare individual mandate and its related penalties are unconstitutional, a welcome change of pace from two earlier rulings in favor of the Obama administration.
You win some; you lose some. In October, a federal judge in Michigan dismissed a lawsuit challenging ObamaCare’s individual mandate, arguing that Congress has the power to impose such a mandate under the Commerce Clause. A week later a federal judge in Florida permitted a similar lawsuit to proceed because he believed that the individual mandate stretched the Commerce Clause beyond the breaking point, saying that for him it “is not even a close call.” A Virginia federal judge had previously permitted another lawsuit to proceed on similar grounds.
“They passed it without even reading it. But we’ve read it now. And it’s even worse than we thought.”
Republicans are hoping to ride a wave of anti-Democrat, and specifically anti-ObamaCare, sentiment into control of at least one chamber of Congress. Not one Republican voted for ObamaCare, and the GOP has been making a big deal out of its desire to repeal, or at least defund, some or all of the new law.