Re: The PPACA - Implementation Phase I
When I first read Justice Roberts ruling "upholding" PPACA even though he found the mandate unconstitutional, I told people that it looked like a Trojan Horse to me: that what Roberts really did was undermine the law by making it unworkable. After all, if there is no mandate, there is merely a choice: either you pay a tax or you buy insurance (Roberts actually described the situation in exactly those terms). Since the tax was lower than premiums, the law could not possibly work; either the tax would have to be increased substantially or the law would collapse.
I pointed to this section of his ruling as evidence. He was telling Obama to go perform an auto-erotic act:
Now, it looks like a few prominent conservative legal scholars are seeing the same thing:
If enough states fail to set up state-run exchanges, then what? The Feds are not prepared and probably not capable of setting up and running the exchanges themselves.
"Be careful what you wish for, you might get it."
When I first read Justice Roberts ruling "upholding" PPACA even though he found the mandate unconstitutional, I told people that it looked like a Trojan Horse to me: that what Roberts really did was undermine the law by making it unworkable. After all, if there is no mandate, there is merely a choice: either you pay a tax or you buy insurance (Roberts actually described the situation in exactly those terms). Since the tax was lower than premiums, the law could not possibly work; either the tax would have to be increased substantially or the law would collapse.
I pointed to this section of his ruling as evidence. He was telling Obama to go perform an auto-erotic act:
Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.
Now, it looks like a few prominent conservative legal scholars are seeing the same thing:
The court's determination to preserve ObamaCare through "interpretation" has exacerbated the law's original flaws to the point that it has become palpably unworkable. By transforming the penalties for failing to comply with the law's requirements into a "tax," the court has given the public a green light to ignore ObamaCare's requirements when it is economically beneficial. Law-abiding individuals, who might otherwise have complied with the law's expensive purchase mandate to avoid being subjected to financial penalties, can simply now choose to pay a tax and not sign up for coverage. There is certainly no stigma attached to simply paying a tax, and noncompliance with the law's other requirements—such as those imposed on employers—is arguably made more attractive on the same basis.
If enough states fail to set up state-run exchanges, then what? The Feds are not prepared and probably not capable of setting up and running the exchanges themselves.
"Be careful what you wish for, you might get it."
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