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'White House Admits Obamacare's Individual Mandate is a Tax'

 

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The Heritage Foundation discusses the Obama administration finally admitting that the health care overhaul's individual mandate is a tax. "The New York Times confirmed Friday that in preparation for defending constitutionality of the Obamacare individual mandate in court, an Obama Justice Department legal brief argues that the penalty used to enforce the mandate is 'a valid exercise' of Congress's power to impose taxes. Mr. Obama's own Justice Department further repudiates the President's earlier statement by noting that the penalty is imposed and collected under the Internal Revenue Code, people must report it on their tax returns, and that the Congressional Budget Office estimates that it will cost Americans $4 billion a year."

The Associated Press reports that "[t]he people who challenged a Missouri ballot taking aim at a key provision in the new federal health care law have decided not to appeal a judge's decision against their lawsuit. Attorney Chip Gentry said Monday that his clients don't plan to take the case to the Missouri Supreme Court, because -- even if they were successful -- it would be too late to halt the printing of ballots for the Aug. 3 election."

The Wall Street Journal editorializes about Elena Kagan's claim that she never expressed an opinion on the lawsuits filed challenging the constitutionality of Obamacare. "It must have taken a deliberate act of avoidance to hear and say nothing about this potentially landmark legal challenge on such a momentous issue. Our guess is that either someone advised her to avoid the subject, perhaps someone at the White House who knew she was a potential nominee. Or perhaps Ms. Kagan herself, with what we have learned are her finely cultivated political instincts, decided she should all but recuse herself from the case while at the Justice Department lest she later have to recuse herself while on the Court."

 
Morning Bell: White House Admits Obamacare's Individual Mandate is a Tax
Conn Carroll - Heritage Foundation
Throughout his presidential campaign, then-candidate Barack Obama promised the American people: "If you're a family that's making $250,000 a year or less, you will see no increase in your taxes." After he became President, Barack Obama reiterated that pledge, promising the American people in his September 9th health care press conference: "The middle-class will realize greater security, not higher taxes." But Obamacare does contain tax hikes. Tons of them. From taxes on tanning beds to taxes on employment and investments, Obamacare is a certified job-killing machine.

What Case Was That Again?
Elena Kagan's Supreme Court nomination whisked through the Senate Judiciary Committee yesterday on a largely partisan 13-6 vote, and the full Senate will no doubt soon follow suit. We don't want to send her on her robed way, however, without closing the loop on her answers to our questions last week about whether she should recuse herself from sitting in judgment on the lawsuits by 21 states against ObamaCare.

The New Republic: Good News For Health Care
Jonathan Cohn - NPR
The weekend's newspapers included a pair of headlines about health care reform. And they were probably not the kind that reform advocates like to see. One was in the Boston Globe: "Firms Cancel Health Coverage." According to the article, a number of small businesses had recently decided to stop offering insurance to employees. In 2006, Massachusetts put in place a new health insurance scheme similar to the Patient Protection and Affordable Care Act, the federal law President Barack Obama and congressional Democrats passed earlier this year. If businesses in Massachusetts were now dropping coverage three years into that state's reform experiment, people might conclude the same will happen across the country. And they probably wouldn't like that very much.

Health secretary addresses concerns about Medicare at Irving senior center
Jason Roberson - Dallas Morning News
U.S. Health and Human Services Secretary Kathleen Sebelius visited an Irving senior citizens' recreation center Monday trumpeting benefits of the new health care law. Sebelius said those opposing the law that President Barack Obama signed in March scared seniors into thinking they might lose Medicare benefits and choices in Medicare's Advantage Plans, which are Medicare insurance options from private companies. "A lot of misinformation was put out to seniors from people who did not want this bill to pass," Sebelius said.

Oklahoma insurance commissioner challenges new fees on health care plans
Don Mecoy - NewsOK
State Insurance Commissioner Kim Holland's legal challenge of a 1 percent fee on health care claims approved in the waning days of the legislative session could have a major impact on Medicaid  recipients and providers, a spokesman for Gov. Brad Henry said Tuesday. Communications Director Paul Sund said it's too early to say whether Holland's challenge might prompt a budget crisis, "but it would affect Medicaid recipients and providers across the board -- nursing homes, doctors, hospitals and their patients."

Mandate mendacity: The Obamacare tax
Editorial - Union Leader
After successfully perpetrating his health care "reform" bait and switch on the American people, President Obama is trying to pull another one on the federal courts. In 2008, Obama opposed requiring that Americans buy health insurance. He repeatedly attacked Hillary Clinton for advocating such a mandate. Then, a few months after taking office, he came out for a mandate and made sure his health care plan had one.

There's nothing rational about rationing health care services
Thinking of Donald Berwick made me think of Jacques Barzun. Berwick is the Harvard professor that President Barack Obama snuck into the job of Medicare and Medicaid chief. Barzun is a magnificent intellectual. What gives, then? Let me start with Barzun's "From Dawn to Decadence." Barzun, born in France but an American for a long time, shows in this work how the West has gradually lost some of its sense of direction. A "mongrel civilization par excellence," the West has borrowed from all over the place and is as diverse as it gets, Barzun says, adding that it has shown unity in some remarkable ideas and institutions that are not to be discovered anywhere else.

Political Uncertainty and ObamaCare
Peter Suderman - Reason
Paul Caron points us to a new paper by Cardozo Law's Edward Zelinsky on the tax provisions of the PPACA. The short version? The law may not be as radical a departure from the current system as some critics contend, but it doesn't solve the fundamental cost-control problems of the current system. From the abstract: The Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010 (HCERA) do not alter the status quo as much as their advocates and their detractors contend nor do PPACA and HCERA resolve the fundamental challenges confronting the U.S. health care system, including the problem of escalating health care outlays.

ObamaCare brings ridiculous burden to small businesses
Jason Pye - United Liberty
Do you own a small business? If so, prepare to be buried by the bureaucracy it will bring to your office: In order to pay for the health care benefits of the Patient Protection and Affordable Care Act (PPACA), the scope of Form 1099 was considerably extended by PPACA Section 9006. Internal Revenue Code Section 6041 currently contains numerous exceptions from Form 1099 reporting requirements. In general, current 1099 reporting covers only services paid to individuals and partnerships. Absent the IRS making regulatory changes, after the PPACA change becomes effective, no meaningful exemptions will exist. If a vendor receives more than $600 in total during the year, a 1099 will be required.

Health care law to be challenged by conservative group
Cecil Angel - Detroit Free Press
A conservative group will be in federal court today in Detroit to argue that the Patient Protection and Affordable Care Act, also known as the health care law, should not be enforced because it is unconstitutional. The Thomas More Law Center is seeking a preliminary injunction to stop the government to force them to purchase health care. Judge George Caram Steeh will hear the case based on a Commerce Clause claim.

Local Politicians Fight ObamaCare
Ron Capshaw - Examiner
Virginia Congressman Frank R. Wolfe is now part of a repeal petition to force the House of Represenatives to vote on stopping Obamacare. Wolfe is number 139 of the 218 congressman who has signed on. Other Virigina House members who have signed are Bob Goodlatte, 6th district; Eric Cantor, 7th district; J. Randy Forbes, 4th district; and Robert J. Wittman, 1st district.

The Hypocrite Express
Oh, what a tangled web we weave when first we practice to deceive. Surely the Obama administration will be called to account for a deception the president himself practiced when the first court hearings are held in the federal government's defense against the several states' lawsuit challenging the constitutionality of ObamaCare. It was a year ago that Mr. Obama insisted, repeatedly and adamantly, that a congressional requirement that most Americans obtain health insurance or pay a penalty is not a tax. Then, the administration defended the mandate as being part of Congress' right to regulate interstate commerce.

No appeal on suit against Mo. health care measure

The people who challenged a Missouri ballot taking aim at a key provision in the new federal health care law have decided not to appeal a judge's decision against their lawsuit. Attorney Chip Gentry said Monday that his clients don't plan to take the case to the Missouri Supreme Court, because -- even if they were successful -- it would be too late to halt the printing of ballots for the Aug. 3 election. The Missouri ballot proposal would bar governments from requiring people to have health insurance or from penalizing people for paying their health bills with their own money. If passed, it would conflict with a requirement of a new federal law requiring most people to have health insurance or face fines by 2014.

Health care coverage being yanked right out
The following letter was just sent by National Health Insurance (NHIC) to its health insurance policyholders: "This letter is being sent to notify you of our decision to withdraw from the individual and small group health benefit plan markets nationwide. After careful consideration of the recent health care legislation, NHIC has determined that it will not be able to meet the requirements set forth by the Patient Protection and Affordable Care Act recently enacted by the United States federal government. With this knowledge, NHIC has decided to cease distributing and renewing its medical expense plan.


Latest Polling

Rasmussen Reports
  July 19, 2010
  
56 percent of voters favor repealing Obamacare

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