If at first you don’t succeed, try and try again. That should be the maxim for the federal government, which continually tries to circumvent the checks and balances system to push controversial measures. The newest example of that involves the implementation of death panels under the new healthcare law. During congressional debates over ObamaCare provisions, public outcry forced Democrats to drop proposed end-of-life planning (a.k.a. death panels) from the healthcare plan. However, the contentious debate over death panels has resurfaced as Democrats are now attempting to enact them via bureaucratic regulations.
The American Civil Liberties Union (ACLU) has turned to the federal government in an attempt to force Catholic hospitals to perform abortions. The liberal legal group took the action after St. Joseph’s Hospital and Clinic in Phoenix, Arizona, lost its Catholic status because doctors there had performed an abortion on a woman whom they claimed had life-threatening complications.
A Florida federal judge hinted on Thursday at the possibility of becoming the second judge to strike down the individual mandate provision of the healthcare law, asserting that it would be a “giant leap” for the Supreme Court to rule in its favor.
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.
A bill which Rep. Leo Berman (R-Dist. 6) has introduced for consideration by Texas’ 82nd Legislature would give a whole new meaning to the phrase, “Don’t Mess With Texas.” If HB 297 becomes law, the Lone Star State will be on a direct collision course with the federal government over Obamacare because it would criminalize any attempt to implement it in Texas.
A controversial “birth control” drug, approved by the Food and Drug Administration (FDA) despite evidence that it induces abortion in women who take it, is now on sale in the U.S. On December 1 Watson Pharmaceuticals, the New Jersey-based distributor of the drug known as “Ella,” announced that it is now available by prescription at pharmacies and clinics across the nation, as well as through some online pharmacies.
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.
In a November 20 New York Times story, Robert Pear writes: “Consumer advocates fear that the health care law could worsen some of the very problems it was meant to solve — by reducing competition, driving up costs and creating incentives for doctors and hospitals to stint on care.”
When the American people learned that the congressmen who wrote the new healthcare law were exempt from it, questions regarding the alleged benefits of the new legislation were raised. Further proof that ObamaCare may not be all that it was touted to be can be found in the fact that 111 companies, including a number of unions, have been given waivers to be exempted from certain provisions of the law.
Senate Minority Leader Mitch McConnell of Kentucky claims congressional lawmakers intend to repeal President Barack Obama’s healthcare law, repeatedly if necessary. After Tuesday’s elections, McConnell is now the leader of a significantly strengthened Senate minority, placing Republicans in a stronger position to take action.