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Regist.: 11/17/2010 Topics: 296 Posts: 1121
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An appeals court heard arguments Wednesday that focused on the constitutionality of ObamaCare's individual mandate. But if the judges have any sense of mercy, they'll put this entire misbegotten law out of its misery.
At the hearing before the 11th Circuit Court of Appeals, a group of 26 states — representing more than half the U.S. population — argued that the law's individual mandate is an unconstitutional overreach that would, if left standing, hand the federal government virtually unlimited authority to force Americans to do just about anything it wanted.
That's the most glaring problem with ObamaCare. As legal challenges to it drag on, the list of ObamaCare's other failings keeps growing. For example:
• A study by the McKinsey Group found that 30% of employers say they will definitely or probably drop health coverage after 2014, when ObamaCare fully kicks in. Among companies most familiar with the law, the figure is 50%. That's more than ObamaCare backers claimed, and it would mean disruption in coverage for millions of families and huge new federal costs.
• President Obama said his overhaul would "bend the cost curve" of health care down. It's having the opposite effect. PriceWaterhouseCoopers expects health spending to climb 8.5% on top of last year's 7.5% gain.
• A key Medicare alteration is already in serious trouble. The law relies on newly created Accountable Care Organizations to drive quality and cut costs by rewarding doctors and hospitals for meeting both goals. But a multiyear test of this concept largely failed to save money. Worse, key providers say the administration's ACO rules are so complex, they're unworkable.
• Another cost-saving brainchild of ObamaCare — the Independent Payment Advisory Board — is drawing bipartisan critics who want it repealed because it would let a group of 15 unelected experts have virtually unlimited authority to make Medicare provider cuts, which they say will lead to rationing care for seniors.
The law's subsidized "high-risk pools," set up for those who can't get coverage because of pre-existing conditions, were supposed to attract hundreds of thousands of enrollees. So far, a mere 18,000 have signed up. In desperation, the administration is lowering its standards and upping the subsidies to goose enrollment.
• ObamaCare's interim insurance market changes — which among other things forced insurers to raise their spending limits — threatened to push millions of workers off the insurance rolls entirely, forcing the administration to hand out more than a thousand waivers.
Meanwhile, forcing people to have insurance remains hugely unpopular, with 67% opposed to it, according to a Kaiser Family Foundation survey. And more people want the entire law repealed than want it preserved.
Keep in mind that all these problems are emerging before ObamaCare's most complex and onerous provisions come into effect starting in 2014.
The courts could spare the country the worst of ObamaCare by overturning the individual mandate, but that's no substitute for Congress' repealing this monstrosity in its entirety before we find out what else is horribly wrong with it. |