HEALTH CARE COMPACT Blog

12-9-2011
Steve O'Keefe
GOP Candidates and Federal Power

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How do Republican candidates for president stand on the issue of reserving power for the individual states—or clawing back power usurped by the federal government?

The Health Care Compact calls for the states—not the feds to manage government health care programs. So when Garrett Epps, a University of Maryland professor of constitutional law handicapped a recent Republican debate based on where the candidates stand on the limits of federal power, we listened.

Some of Epps' findings:

·      Only two of the six candidates in the debate express strong support for the states: Texans Ron Paul and Rick Perry.

·      Gingrich is no fan of the states and interprets the Tenth Amendment as allowing the federal government to reach around the states and empower citizens directly.

·      Conservatives such as Michele Bachmann and Rick Santorum do not favor state authority on abortion and gay marriage.

·      Mitt Romney views the federal government as the rightful driver of national policy, including "helping the private sector grow" and enforcing labor laws.

Epps concludes his insightful survey with this sobering summary:

So, true-blue ("true red," I suppose) "states' righters," you face an unappetizing choice. The only two candidates who really understand your issue are supremely unlikely to win the nomination. Meanwhile, the two leading candidates against Obama clearly have no plan to give back any federal power, and one (Gingrich) seems to be itching to expand it.

The forum was hosted by Mike Huckabee on a special edition of his Fox News show. It featured questions from three Republican state attorneys general, Ken Cuccinelli of Virginia, Pam Bondi of Florida and Scott Pruitt of Oklahoma.

This forum was like no other debate in that the candidates were not on the stage at the same time and were not able to talk with one another. Rather, they were grilled, individually, by the very intimidating attorneys general (with a small group session at the end).

The result was a lot more attention paid to constitutional issues and matters of law rather than jobs and the economy. For those concerned about where the Republican candidates stand on constitutional issues, the Huckabee Presidential Forum is recommended viewing.

Source: "Leading GOP Candidates Don't Want to Return Power to the States," The Atlantic, Dec. 4, 2011.
Image courtesy of MRCTV used under fair use: commentary.

Steve O'Keefe is a freelance writer, author, and book editor whose writing has appeared in numerous libertarian publications.

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12-7-2011
Steve O'Keefe
Lawsuit Against Health Care Law Upended?

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The legal challenge by 26 states to the Affordable Care Act (ACA) -- now before the U.S. Supreme Court -- could be in jeopardy.

One plaintiff in the case, a small business owner from Florida allegedly harmed by the law, has declared bankruptcy. She may no longer have the standing to sue. And that could disrupt the Supreme Court's review of the ACA.

The Wall Street Journal's Emily Maltby went to Florida to visit the woman whose case spawned the multi-state challenge to the ACA. Maltby and legal expert Jess Bravin analyze the ramifications of the bankruptcy for a WSJ Video exclusive, available by clicking on the image at the top of this post. The reporters conclude:

Without owning a business, it could be harder for Ms. Brown to argue she is harmed by the legislation. Meanwhile, her recent financial woes suggest the possibility she would be exempt from penalties for noncompliance with the individual mandate. That raises questions about whether the suit can be based on her experience.

Of the four Appeals Court challenges to the ACA to date, three courts have found the law constitutional, and one has found it unconstitutional. That one case involves the now-bankrupt auto repair business owned by Mary Brown. If the court finds there is no standing for her to sue, the case could be dropped.

There is one other plaintiff in the 26-state challenge; however, the federal government has also challenged his standing to sue. Of a total of 34 lawsuits brought against the ACA, 17 have been dismissed due to lack of standing.

It remains to be seen whether the Supreme Court will drop the case due to lack of standing, or require additional testimony from the plaintiff states, or an alternative action. Stay tuned to the Health Care Compact Blog for updates.

Source: "Hurdle for Health-Law Suit," The Wall Street Journal, Dec. 5, 2011.
Source: " Video: Obamacare, Health Care Initiative -- Leader of Fight Against Health-Care Plan in Bankruptcy," The Wall Street Journal, Dec. 5, 2011.
Video screen capture courtesy of The Wall Street Journal, used under fair use: commentary.

Steve O'Keefe is a freelance writer, author, and book editor whose writing has appeared in numerous libertarian publications.

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12-6-2011
Steve O'Keefe
Biggest Problem with Health Care Law?

A new update of the Kaiser Health Tracking Poll shows it's not what's in the health care law that people object to so much as who is behind it: the Washington D.C. establishment.

Last month's Health Tracking Poll showed the largest split yet between 34 percent with a favorable view of the Affordable Care Act (ACA) and 53 percent with an unfavorable view. That 19-point spread was cut to seven in November, with 44 percent opposed and 37 percent in favor.

This time, however, Kaiser asked people if their opposition to the law was more due to what's in the law, or to a distrust of anything coming out of Washington D.C. Their answer? Only 25 percent said it was due to actual provisions of the law; 44 percent said it was due to dislike for Washington. According to the report:

Unfavorable views of the health reform law may be a proxy for more general disillusionment with the state of the country and Washington politics.

The Health Care Compact suggests that, to the extent government is involved in medical care, its programs should be administered at the state level, rather than at the federal level. The Kaiser poll shows that people do not trust the federal government to successfully operate a program this large.

When questioned about individual elements of the ACA, many of the law's provisions are popular. Nearly all people want insurance benefit statements that are easier to read, want tax credits for employers who provide health insurance, and want pre-existing conditions covered.

What people don't want is the individual mandate to purchase insurance or pay a fine. And, apparently, they don't want their health insurance and health care to be dictated by the federal government. They like the medicine; they don't like the bureaucrat delivering it.

Source: "Kaiser Health Tracking Poll -- November 2011," Kaiser Family Foundation, Nov. 2011.
Image courtesy of Kaiser Family Foundation, Health Tracking Poll conducted Nov. 10-15, 2011. Used under fair use.

Steve O'Keefe is a freelance writer, author, and book editor whose writing has appeared in numerous libertarian publications.

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