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Washington Times Op-Ed: Obamacare ‘is still unconstitutional’ one year after Supreme Court approval

June 28, 2013 in Politics & Elections

One year ago, the Supreme Court upheld a law that radically transforms our health care system in a way that continues to frighten and beleaguer most Americans.
Friday is the one-year anniversary of the Supreme Court upholding the Affordable Care Act, popularly known as Obamacare. The 5-4 decision declared that the federal government could force Americans to buy health insurance. Not just any insurance, but insurance covering procedures dictated by the federal government. Obamacare established a new labyrinth of red tape and bureaucracy, colossal even by Washington standards, and most importantly-penalize the uninsured through the Individual Mandate.
Writing the Majority Opinion, Chief Justice John Roberts declared that individual mandate could be considered a tax, and that the power to tax was also the power to enforce the law. Dissenting Justices Scalia, Kennedy, Thomas, and Alito vehemently disagreed, writing in their dissent: ‘(W)e cannot rewrite the statute to be what it is not… (W)e have never-never-treated as a tax an exaction which faces up to the critical difference between a tax and a penalty, and explicitly denominates the exaction a ‘penalty.’
I believed that Obamacare is still unconstitutional. I still believe that Scalia, Kennedy, Thomas and Alito got it right.
One year later, the federal health care law is even more concerning. In addition to potentially causing upwards of 20 million Americans to lose their private health insurance policies, estimates say it could destroy 800,000 jobs.
The particular jobs that Obamacare creates are perhaps the most troubling.
Obamacare creates 16,000 new jobs at the Internal Revenue Service. The IRS is also given the authority to enforce and police compliance with Obamacare. The same agency that admittedly targeted groups with ‘tea party’ or ‘patriot’ in their names is now given the responsibility of making sure our individual health plans fall under the guidelines and restrictions imposed by this administration.
Last June, many considered Obamacare a nightmare. Surveying the ramifications of this law a year later, it looks even worse. Even Democrat Senator Max Baucus calls it a ‘huge train wreck.’
After the IRS scandal became public, President Obama declared his ‘outrage’ and vowed that those responsible would be held ‘fully accountable.’ Yet nothing has been done.
Instead, we are using taxpayer dollars to reward IRS agents with $70 million in bonuses. So, the IRS gets millions in bonuses and thousands of new jobs. Meanwhile they and the other Washington bureaucrats implementing Obamacare, along with the Supreme …read more


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