Friday, April 23, 2010

Nullify ObamaCare in Your State!

Now that the two major bills comprising ObamaCare, the Patient Protection and Affordable Care Act (Public Law 111-148, March 23, 2010) and the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152, March 30, 2010) have been passed into law, the fight to repeal ObamaCare has been embraced by many organizations. Some individuals and organizations are placing their hopes in the lawsuits being filed by the attorneys general of nearly 20 states. Some are relying on repealing ObamaCare in Congress. And, many others have concluded that the best strategy is nullification of ObamaCare on a state-by-state basis.

With so much of our freedom and prosperity at stake it is highly advisable to pursue all three strategies for stopping ObamaCare. However, there are some definite drawbacks to each method. The battle in the courts is over the principle of whether the state can mandate individuals to purchase healthcare insurance. Although this mandate is a very important provision of ObamaCare, a favorable court decision would likely not be sufficient to repeal all of the two ObamaCare laws. The presumably massive remnant of ObamaCare would likely have enough provisions to complete the federal government's takeover of healthcare in spite of any court rulings striking down the individual mandate. And, the court battle will be lengthy.

An outright repeal of the two ObamaCare bills by Congress would be ideal; however, even if the makeup of Congress changes sufficiently in both the Senate and House in the fall 2010 elections to pass repeal legislation in 2011 or 2012, President Obama could still veto it. So, that means that outright repeal would depend on electing a new President in 2012 that would favor repeal. Once again, the process is lengthy.