Overturning ObamaCare

Incoming Speaker of the House John Boehner and the rest of the Republicans in the U.S. House of Representatives have announced plans to pass a bill repealing ObamaCare next week, even though Dinghy Harry Reid and the Senate will reject the attempt.

The 112th Congress hits the ground running on Wednesday with the Republicans now controlling the House after November’s midterm elections. The scheduled vote for the repealing of ObamaCare is the beginning of a plan to fulfill a campaign promise that the Republicans made.

According to Brad Dayspring, a spokesman for incoming House Republican leader Eric Cantor, the House plans to vote on legislation to repeal ObamaCare on Jan. 12.

Even though Republicans control the House, 242-193, the Democrat party retains control of the Senate by 53-47 and will move to block any repeal of the healthcare law.

Dayspring said:

ObamaCare is a job killer for businesses small and large, and the top priority for House Republicans is going to be to cut spending and grow the economy and jobs.

He also said the House will hold a procedural vote on Friday in preparation for the Jan. 12 vote.

The Republicans also plan to use their majority power to defund and starve ObamaCare.

Per foxnews.com:

Senate Democrats Chuck Schumer (D-NY), Dick Durbin (D-IL), Patty Murray (D-WA), and Debbie Stabenow (D-MI) joined Reid in signing a letter addressed to Boehner, warning him of the effects a health care repeal would have on Seasoned Citizens who fall into the so-called Medicare “donut hole,” and vowing to block any Republican-led effort aimed at repealing the legislation.

A provision of ObamaCare that just took effect on January 1st give seniors a 50 percent break on the cost of prescription drugs when they’re caught in a gap between basic and catastrophic Medicare coverage. Obamacare is supposed to end the Medicare “donut hole” in 2020.

According to Chuckie Schumer and his colleagues, repealing Obamacare would reopen the loophole, and would seniors thousands of dollars in drug payments.

The letter reads:

The incoming House Republican majority that you lead has made the repeal of the federal health care law one of its chief goals. We urge you to consider the unintended consequences that the law’s repeal would have on a number of popular consumer protections that help middle class Americans.

…If House Republicans move forward with a repeal of the health care law that threatens consumer benefits like the “donut hole” fix, we will block it in the Senate. This proposal deserves a chance to work. It is too important to be treated as collateral damage in a partisan mission to repeal health care.

So, the Dems are trying to paint the Republicans as enemies of Seasoned Citizens, even though the Dems have never read this Obamanation of a Healthcare Reform Law that they are responsible for passing.

Per Rasmussenreports.com:

60% of Likely Voters at least somewhat favor repeal of the national health care law, while the number who expect health care costs to increase is at its highest level since August.

The latest Rasmussen Reports national telephone survey shows that 49% Strongly Favor repeal of the plan. Thirty-eight percent (38%) oppose the law’s repeal, including 29% who Strongly Oppose repeal.

Additionally:

For the first time since Democrats in Congress passed the health care bill in March, a majority of U.S. voters believe the measure is likely to be repealed.

A new Rasmussen Reports national telephone survey finds that 52% of Likely U.S. Voters think it is at least somewhat likely that the health care plan will be repealed. Thirty-three percent (33%) view repeal as unlikely. Those figures include 16% who believe repeal is Very Likely and 5% who believe it is Not at All Likely.

Most Americans believe, and rightfully so, that the final decision on Obamacare will be made by the United States Supreme Court. 

In his article published on americanthinker.com today, Overturning ObamaCare in the Supreme Court will not be a Slam Dunk, attorney Monte Kuligowski hits the nail on the head:

…Then came the landmark 1942 case of Wickard v. Filburn upon which the Obama administration relies heavily in its healthcare litigation motions.

In the Wickard case, an Ohio farmer was penalized for exceeding the federal quota on wheat production even though the excess was for farm use and not for market.

…The Wickard case opened the door wide for federal overreaching. The 9th and 10th Amendments were successfully shelved as the focus shifted from “the permissibility of state activity” that burdened commerce to the “breadth” of Congress’s Commerce Clause powers.

A key principle of Wickard that has been largely overlooked is that Congress was permitted to regulate non-commercial wheat merely because it was “available for marketing.”

In a sense, storing wheat for personal use was non-activity (non-commercial activity), but the Court nevertheless allowed Congress to extend its powers. That potentially spells trouble for striking down the individual insurance mandate. When it comes to misusing the Commerce Clause anything is possible, including the suggestion that inactivity may be regulated.

Of course, with ObamaCare the feds are geared up to force activity. On that point ObamaCare should fall even under the most liberal interpretation of the law. The federal regulation of wheat production is repugnant to freedom. But that pales in comparison to Congress mandating a citizen endowed by Divinity with unalienable liberty, to purchase a product for her body.

Another point to make, which distinguishes ObamaCare from other cases, is that the “Affordable Health Care Act” is not about regulating the commerce of the healthcare system, but is fundamentally about transforming the system. If it were about regulating interstate commerce, a law allowing health insurance to be purchased across state lines could have been advanced. Such a solution would be consistent with Congress’s actual power to regulate the commerce among the states.

Of course, ObamaCare is more about spreading the wealth around than it is about interstate commerce.

The great thing about the vote on January 12th, is that it forces the Dems to take responsibility for this socialization of the American Healthcare System.  House Republicans should keep on hammering that message home to the American people, until ObamaCare comes before the highest court in the land.

The Dems passed it.  They own it.

3 thoughts on “Overturning ObamaCare

  1. Sound Man's avatar Sound Man

    KJ, I think it’s all just posturing to look good. They know it will never get out of the Senate and if it did by some miracle, Osama (I mean Obama) would just veto it. They have so much important work they need to do, I hope they dont waste too much time on health care. Im just a realist, whats done is done and if the so called conservatives dont get on to the business of our country, we can vote them out next time. Would love to be wrong on the Health Care issue. See you later KJ.

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  2. Gohawgs's avatar Gohawgs

    Do the Senate dems want the donut hole closed so that our “Seasoned Citizens” will be medicated for their death panels or just to tease our “Seasoned Citizens” into believing they will actually be able to have drugs that will instead be deemed too costly ala Avastin?

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