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The Supreme Court should throw out ObamaCare (but if it doesn’t, I will)
North Star Writers ^ | 11/27/11 | Herman Cain

Posted on 11/27/2011 3:26:30 PM PST by justsaynomore

No one knows what the outcome will be, but it was certainly welcome news when we learned recently that the U.S. Supreme Court will rule next summer on the constitutionality of ObamaCare.

And while it is not the Court’s job to rule on the merits of the legislation itself – only on the considerable constitutional issues the misguided law presents – the Court will nevertheless do the nation an enormous favor, in terms of policy as well as liberty, by tossing out this abysmal piece of legislation.

The consequences of ObamaCare are already afflicting the nation. Since it passed – to the surprise of no one who understands how markets work – the cost of health premiums has risen by 9 percent. Hundreds of companies have sought and received waivers, which are being doled out with all the wisdom you would expect when political considerations take front and center.

Many other employers will simply wait until the right time to end health benefits entirely and push them off on the federal government. The so-called health exchanges mandated by the law will add an enormous new budgetary burden to states, which explains why 26 state attorneys general have already joined in lawsuits challenging the constitutionality of the law.

The $200 billion annual cost of ObamaCare, as estimated by the Congressional Budget Office in its usual static fashion, will rise precipitously as demand soars and supply tightens. The ability of government to tax so as to cover these costs will quickly reach its limit. Rationing, which apologists for the law claim will not happen because the wording says so, is inevitable under such conditions.

Entitlements based on shoddy economics are usually revealed soon enough as the shams they are, and this has already started with ObamaCare. The Obama Administration was force to admit in October that the Community Living Assistance Services and Supports (CLASS) program, supposedly a major element of ObamaCare’s cost-control function, is economically unfeasible and will not be implemented.

Remember when opponents of the bill pointed out that Democrats were double-counting some $500 billion in “savings” as a way of claiming ObamaCare actually reduced the deficit? The CLASS program was at the center of those phony claims. No one who was paying attention at the time is surprised it has now been abandoned.

Most of these are not constitutional questions, save possibly for the matter of turning state officials into federal agents for the purpose of establishing the exchanges. But this certainly is: If the Supreme Court upholds the constitutionality of ObamaCare’s mandate that everyone purchase health insurance, there will henceforth be no limits whatsoever on what Congress can force the citizenry to do under the pretense of following the Commerce Clause of the Constitution.

That cannot be allowed to happen.

But as horrible as ObamaCare is – and it is very horrible indeed – we should acknowledge that fundamental reform of America’s health care system ought to have been achieved long ago. The economics of health care have been skewed since World War II, when Congress established tax incentives only for employer-provided health insurance.

This raised the cost of insurance, such that individuals could scarcely afford it, and that made it all but impossible to obtain coverage on your own, to keep it if you lost your job, or to obtain it anew upon becoming employed again if you happened to have a medical condition.

Defenders of ObamaCare claim they fixed this problem by banning the denial of coverage for those with pre-existing conditions. But the manner in which they did this is unconstitutional (forcing everyone else to buy coverage so as to expand the risk pool) and will prove prohibitively expensive, as limits on the price of premiums for those already sick will inevitably distort prices upward for the healthy, many of whom never wanted the policies in the first place.

When Republicans had the chance in the past, they should have implemented reforms that put more power in the hands of doctors and patients, less in the hands of insurance companies, and none in the hands of government bureaucrats. The expansion of Health Savings Accounts, which empowers individuals to pay their own bills up to a pre-determined amount rather than relying on health insurers, was a good start. But reforms should have gone much farther.

In the current system, because most people rely on insurance companies to pay for everything – even routine doctor visits – costs are driven higher because consumers are desensitized to the prices being paid. The insurance covers it, they figure, so what do they care?

This especially adds costs for employers. If you have ever seen the video from 1994 in which I challenged then-President Bill Clinton on the economic assumptions behind HillaryCare, it came down to the fact that as an employer, I understood the real cost impact of the government’s proposed mandates. He did not.

But I’ll give him this: The negative impacts of HillaryCare would have been nothing compared to the devastation ObamaCare will cause if it is allowed to stand. That’s because ObamaCare doubles down on all the factors that make the current system so expensive. It relies even more on insurance. It imposes more mandates. It pushes control of the health care relationship further from doctors and patients.

The right kind of reform empowers individuals to control this economic relationship, and empowers individual doctors to make the right decisions about patient care. H.R. 3000, currently sponsored by U.S. Rep. Tom Price (R-Georgia) is a good start. It makes access to health coverage economically feasible for everyone, while making the patient the owner of his or her own coverage, thus making it portable if the patient changes jobs. It empowers doctors to make care decisions and gives employers more flexibility in how they manage incentives and other details of their plans. It also reforms the medical liability system – a major driver of rising costs in health care.

The nation’s health care policy ultimately comes down to who will have power in the economic relationship. If power is concentrated in the hands of patients and doctors, rationality will return and costs will go down. Access to care will rise. If power is concentrated in the hands of insurers and bureaucrats, costs will soar and treatment decisions will be taken out of the hands of doctors and patients – as everything will become about preserving the “system.”

We need to fix health care in this country, and this time we need to do it right. I hope the Supreme Court tosses ObamaCare out because of its clear unconstitutionality. But if the Court does not, I eagerly await my opportunity to sign its repeal, along with a new reform that puts the power in health care relationships where it belongs – with the people.


TOPICS: Business/Economy; Government; News/Current Events; Politics/Elections
KEYWORDS: cain; caintdoit; deathpanels; hermancain; needsupermajority; obamacare; units
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1 posted on 11/27/2011 3:26:31 PM PST by justsaynomore
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To: K-oneTexas; Tucker822; Kartographer; freekitty; carmody; Dead Corpse; MsLady; Publius772000; ...

Pinging the Cain Train!

EDITORIAL: Cain’s foreign policy
http://www.washingtontimes.com/news/2011/nov/24/cains-foreign-policy/

Raising Cain: How a poor Georgia boy succeeded in business, and aimed for the presidency
http://www.freerepublic.com/focus/f-news/2812581/posts

Herman Cain’s Political Education
http://www.freerepublic.com/focus/f-news/2812194/posts

Cain Acknowledges Damage to Campaign From Harassment Allegations
http://www.freerepublic.com/focus/f-news/2812857/posts

Cain a hit among area Cubans, GOP
http://www.freerepublic.com/focus/f-news/2812054/posts

Cain’s Not Dumb … He’s Just Smarter Than Most of You
http://www.freerepublic.com/focus/f-gop/2812038/posts


2 posted on 11/27/2011 3:28:22 PM PST by justsaynomore (http://teamcain.hermancain.com)
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To: justsaynomore
I for one WILL NOT PARTICIPATE law or not.

I have drawn my line in the sand with these bastards. They can kiss my rebel ass!

3 posted on 11/27/2011 3:34:01 PM PST by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: justsaynomore
Herman Cain

born December 13, 1945 in Memphis, TN (Meets the Jus Soli Requirement)

Parents were
Luther Cain Jr., born March 16, 1925 in TN, died March 29, 1982 in Atlanta, GA
Lenora Davis, born July 27, 1925 in GA, died August 20, 2005 in Atlanta, GA

Both parents were US Citizens at the time of his birth (Meets the Jus Sanguinis Requirement)

Herman Cain is a NATURAL BORN CITIZEN

”Herman

Barry Soetoro aka Barack Hussein Obama ISN'T!

Click on the cane, (Go Cain.)

4 posted on 11/27/2011 3:35:18 PM PST by ASA Vet (Natural-born citizens, are those born in the country, of parents who are citizens. De Vattel)
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To: justsaynomore

The thing is, people are RELYING on SCOTUS to do the right thing. Bad idea.

Even if SCOTUS fails to uphold the Constitution, the CONGRESS can and ought to repeal the damn thing. SCOTUS is not the only branch of government that can deal with Hussein’s DeathCare.


5 posted on 11/27/2011 3:36:48 PM PST by Recovering_Democrat
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To: Recovering_Democrat

In fact, a decision should be rendered before the election, and if the SC does not defeat state-run health care, it can be whipped into the number two (behind the economy) election issue and usher in huge republican majorites.


6 posted on 11/27/2011 3:44:42 PM PST by ez ("Abashed the Devil stood and felt how awful goodness is." - Milton, "Paradise Lost")
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To: justsaynomore

Mr Cain is spot on!
It is bureaucracy that is driving health care costs.

Cutout the middle man as much as possible and let’s return health care to the patients and their doctors.


7 posted on 11/27/2011 3:46:27 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: justsaynomore

Like campaign finance... I doubt they throw it out.

Depending on SCOTUS is a stupid move.

It will be a HUGE boost to the Obama campaign. The MSM will turn it into the biggest victory ever.


8 posted on 11/27/2011 3:47:06 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: justsaynomore

The President can’t overturn a law that requires 2/3 vote in both houses to simply debate any changes. Pray that the SCOTUS votes right or we’ll be stuck. Will the gimme class ever let us overturn it?


9 posted on 11/27/2011 3:49:40 PM PST by hocndoc (WingRight.org Have mustard seed: Will use. Cut spending, cut spending, cut spending, now,now,now!)
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To: GeronL; All
Like campaign finance... I doubt they throw it out. Depending on SCOTUS is a stupid move. It will be a HUGE boost to the Obama campaign.
True....the GOP (Rank & File) wanted to kill it (dead in Congress :)....
but, the D.C. Establishment Parties wanted to play w /it.....grow it.

10 posted on 11/27/2011 4:08:21 PM PST by skinkinthegrass (I can take tomorrow, spend it all today. Who can take your income, tax it all away. Obama Man can. :)
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To: mylife
Mr Cain is spot on! It is bureaucracy that is driving health care costs.

Healthcare costs started to greatly increase in the late sixties, early seventies. Precisely the timeframe when government together with the insurance industry greatly insinuated themselves into the system. And now they're saying yet more government involvement will reduce costs. Freakin insane.
11 posted on 11/27/2011 4:08:42 PM PST by SpaceBar
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To: justsaynomore
Sarah was right!!
12 posted on 11/27/2011 4:19:28 PM PST by 2ndDivisionVet (You can't invade the US. There'd be a rifle behind every blade of grass.~Admiral Yamamoto)
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To: justsaynomore
Sarah was right!!
13 posted on 11/27/2011 4:19:32 PM PST by 2ndDivisionVet (You can't invade the US. There'd be a rifle behind every blade of grass.~Admiral Yamamoto)
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To: justsaynomore

This is the most important issue in store for the U.S. Who gets to appoint the next two or three Supreme Court Justices. The next election MUST be won by a republican who will appoint Justices that believe in the Constitution.


14 posted on 11/27/2011 4:26:03 PM PST by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: 2ndDivisionVet
Sarah was right!!

Yep, she was the ONLY one who was against Obamacare. If it weren't for "Sarah" (said with breathlessness) no one would have known anything was bad about it.

15 posted on 11/27/2011 4:28:04 PM PST by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: SpaceBar
Healthcare costs started to greatly increase in the late sixties, early seventies. Precisely the timeframe when government together with the insurance industry greatly insinuated themselves into the system.

Aside from the War on Poverty and Viet Nam, the LBJ administration was responsible for Medicare and Medicaid.

Whereupon, they began tinkering with the entire healthcare establishment -- even mandating the mix between General Practitioners and specialists that were being produced by the med schools (LadyBird thought we needed more specialists).

LBJ's closest political advisor on healthcare matters was Jack Valenti. Subsequently, well after the admnistration came to an unsightly end and Valenti was employed by the Motion Picture Producers Association, he wrote a widely distributed newspaper column. It's message was essentially:

We took a perfectly good healthcare system and f$#&*d it up. Real bad.

Wish I could find a copy of that piece. But, no question, from the Johnson administration forward, healthcare has become incredibly more expensive...and incredibly less efficient in its delivery.

All because government got involved...and displaced the free market with their own manipulative meddling.

16 posted on 11/27/2011 4:29:42 PM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: raybbr

Palin was the only one that spoke up.

She took the heat for identifying the Death Panels, while George Will and the rest of the GOP elite establishment chastised her as their knees knocked together.


17 posted on 11/27/2011 4:41:58 PM PST by editor-surveyor (No Federal Sales Tax - No Way!)
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To: raybbr

Palin was the only one that spoke up.

She took the heat for identifying the Death Panels, while George Will and the rest of the GOP elite establishment chastised her as their knees knocked together.


18 posted on 11/27/2011 4:41:58 PM PST by editor-surveyor (No Federal Sales Tax - No Way!)
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To: justsaynomore

If it goes through there’d have to be some sort of retaliation/anti-health care bumper sticker.


19 posted on 11/27/2011 4:42:25 PM PST by SkyDancer ("If You Want To Learn To Love Better, You Should Start With A Friend Who You Hate")
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To: raybbr

Yeah, that’s what I said. [eye roll]


20 posted on 11/27/2011 4:44:59 PM PST by 2ndDivisionVet (You can't invade the US. There'd be a rifle behind every blade of grass.~Admiral Yamamoto)
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