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Two States Rebuke ObamaCare in Yesterday’s Elections

If you’re reading the tea leaves from yesterday’s election, one thing you should notice is that ObamaCare isn’t popular.

In Arizona and Oklahoma, voters approved ballot measures opposed to the new federal health care law, while a similar measure in Colorado went down to defeat. All three ballot measures echoed the Freedom of Choice in Health Care Act, a model legislation put forth by the American Legislative Exchange Council (ALEC), an organization of conservative and libertarian legislators across the country. In brief, the act “protects the rights of patients to pay directly for medical services, and it prohibits penalties levied on patients for declining participation in a particular [which is to say, state-run] health plan.”

With yesterday’s election, statutory or constitutional versions of the act have been passed in 7 states: Arizona, Georgia, Idaho, Louisiana, Missouri, Oklahoma, and Virginia. It’s likely to pass in Florida should the Legislature choose to give it another try; Gov. Charlie Crist, now the ex-governor of the state, vetoed a bill passed by both houses there.

The act is one prong of a legal attack on the new health care act. Another is a number of lawsuits that have been filed by both state governments and private parties against the U.S. government.

The Free-Market Question: Make Insurance Exchange Work, or Kill Them?

Are health insurance exchanges a silver lining in ObamaCare, or an irrelevant distraction?

You might make the case that health insurance exchanges are a good thing. They allow someone to get insurance through someplace other than an employer. More choice, portability, what’s not to like?

Many people have been intrigued by the exchanges set up in Massachusetts and Utah. Generally, people who have favored ObamaCare think that Massachusetts is a decent model, while opponents have thought that Utah is a better one. The difference is an important one, since under the new health care law, states are told to create insurance exchanges, markets with specific government regulations created for the insurance products bought and sold there.

In the best-case scenario, the a properly regulated exchange will be the silver lining of ObamaCare: A person can take money from his paycheck, perhaps combined with a taxpayer subsidy, and buy, from a number of companies, a policy that will follow him from job to job. No more depending on what your corporate HR department decides, or having to switch doctors because your employer switched to a new insurer that uses a different network of doctors.

But against this rosy scenario, John R. Graham of the Pacific Research Institute offers a caution, and counsels states to reject exchanges altogether. Opponents of ObamaCare have generally pointed to the Massachusetts Connector as an example of the problems with a state-created exchange: The number of people with insurance may increase, but public subsidies spiral out of control, and the newly insured have a hard time actually getting to see a doctor.

Maybe Utah offers a better example? I’ll spare you the details, but the regulations imposed there are more sensible and sustainable.

Or are there?

Graham says, “While the Utah Health Exchange is vastly superior to Massachusetts’ Commonwealth Connector, it has not proved successful.” Its most promising feature, which allows a husband and wife to combine money from both of their employers to purchase a single policy independent of either employer, hasn’t actually been put into place yet. And going forward, it’s unclear whether Utah can afford the subsidies and operating costs needed to make the exchange work.

The national political situation, meanwhile, makes prospects for state-based exchanges problematic:

States establishing Obamacare exchanges are making a one-way, lose-lose bet. If Obamacare persists, exchanges will become bloated administrative nightmares. If Obamacare is defeated, states will have wasted time and energy that should have been directed towards that effort. Obamacare is President Obama’s problem.

He concludes, “Don’t make it your state’s problem.”

Graham encourages state leaders to encourage Congress to repeal the law. In Kentucky, for example, Rep. Jim Gooch Jr., has introduced a measure that says simply, “JOINT RESOLUTION urging the United States Congress to repeal the Affordable Care Act of 2010 (ACA).”

Federal Judge: ObamaCare Mandate May Be Unconstitutional. On the Road to the Supreme Court.

Healthcare ScrewedWe have encouraging news on the health-care front. A federal judge in Florida has ruled that the plaintiffs have “most definitely stated a plausible claim” that the health care insurance mandate is unconstitutional. The plaintiffs, a group of eighteen (18) Republican attorneys general and governors and two (2) Democratic attorneys general, also argued that the Medicaid expansion was an unfair burden on the state. While Judge Vinson expressed skepticism about this particular claim, it was also allowed to proceed while several other claims were dismissed. These remaining claims will proceed on the merits; the case is expected to go before the U.S. Supreme Court. (A Michigan judge ruled last week that the mandate to buy insurance or pay a pentalty is constitutional.)

Here is an update on another case in Virginia that we talked about last week: Judge Henry Hudson has promised to rule on the constitutionality of ObamaCare by the end of the year, and noted that his court is just one stop on the way to the Supreme Court. Here is an article from The Hill : http://thehill.com/blogs/healthwatch/health-reform-implementation/124747-healthcare-tuesday-state-suits-looking-more-like-dress-rehearsals-for-high-court

Here is a short article from the BLT or Blog of Legal Times: http://legaltimes.typepad.com/blt/2010/10/a-federal-judge-in-florida-has-rejected-the-obama-administrations-motion-to-dismiss-a-challenge-to-the-new-health-care-ref.html

The Wall Street Journal has covered this, as well: http://online.wsj.com/article/SB10001424052748704361504575552391012985692.html

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