February 5, 2015

Phoning in ObamaCare

The Supreme Court will soon decide the fate of federal subsidies.

The Supreme Court will hear arguments next month in King v. Burwell, a case that will determine whether federal subsidies for health insurance are legal given that the law establishes subsidies only for state insurance exchanges. Subsidies are a cornerstone for the Orwellian-titled “Affordable” Care Act, as they are the only way to make insurance appear affordable. Because of the plain language of that statute, the Court should reject the federal subsidies.

Never ones to let silly things like laws get in their way, the clown car of fools in the White House have decided to phone it in as far as a rebuttal goes, choosing to work in the court of public opinion rather than debating the issue on its own merits.

Specifically, none of the floppy-footed blue-hairs posing as executive branch leaders have even hinted at a “Plan B” should SCOTUS strike down this illegal funding mechanism. Why? For the same reason they weren’t concerned about ObamaCare falling under a constitutional ax when the law was first challenged before the Supreme Court: They’re not worried. They know the public pressure they can bring to bear from the recipients of their public-coffer largess. As then-Speaker Nancy “We Have to Pass the Bill to Find Out What’s in It” Pelosi knew all too well, once the ObamaCare monster was unleashed, there would be no reining it back in. The lure of the public trough is too great for many to resist.

Indeed, a recent Kaiser Family Foundation poll of a broad cross-section of Americans indicated that even if the challenge to federal subsidies succeeds, over 60% favor a legislative “fix” to allow these subsidies to continue. As disheartening as that number may sound to those of us who dream of limited government exercising only enumerated powers, remember that those polled weren’t presented with viable alternatives to such a fix, but rather were simply asked whether Congress should step in and mend ObamaCare if the Court “breaks” it.

However, this seemingly no-win situation for Republicans presents the perfect opportunity for the House and Senate to propose a better alternative to the ruinous statute Democrats passed under the cloak of darkness. Recall that continuing anger over ObamaCare was itself in no small measure responsible for Republicans stretching their lead in the House and regaining control of the Senate in the 2014 midterm elections. This is a good time to demonstrate that the public’s faith tied to producing these gains was not misplaced. Even so, don’t look for Barack Obama to stand in the wings while Congress revs up.

Given the Anointed One’s penchant for acting in blatant disregard of constitutional executive branch limits, some liberal pundits anticipate – even advocate for – responses similar to those he took when confronted with federal statutes requiring him to secure U.S. borders and enforce U.S. immigration laws: He simply refused to do so. The only reason this case is currently before the Supreme Court is that this American Pharaoh deployed a wrecking ball against the Constitution, waving his hands in the air and saying, “Federal subsidies are legal – I hereby declare it so: So let it be written, so let it be done!” But we hope this Congress will not roll over and say, “Scratch my belly,” like the last one did.

The Separation of Powers doctrine exists to protect individual freedoms by preventing the accrual of executive, legislative and judicial powers in any one branch. The current administration has run roughshod over this doctrine to the point those freedoms are now an endangered species. It’s time for Congress to assert its rightful power and reign in this rogue regime. A good start would be giving the American people a solid alternative to the Leviathan that is ObamaCare, and make killing this awful beast an easy decision for the Supremes.

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