Although President Obama’s reelection has made prompt repeal of ObamaCare impossible, that does not mean that ObamaCare is here to stay.
A legal challenge, Sissel v. United States Department of Health & Human Services, is still working its way through the Federal Court system. This suit points out that the ObamaCare legislation originated in the Senate, violating the Constitution’s Article I, Section 7 requirement that all bills for raising revenue must begin in the House of Representatives. If the suit is successful, ObamaCare could be entirely nullified.
Even without victory in the courts, it may be possible to repeal ObamaCare piece by piece. Congress has already repealed one of the bill’s tax increases, and the Senate recently went on record in favor of repealing the tax on medical devices. The bills to repeal this tax are H.R. 523 and S. 232. A provision of ObamaCare relating to long-term care has also been repealed.
H.R. 351 and S. 351 would eliminate the “Independent Payment Advisory Board” (IPAB), which is the agency assigned to enforce reductions in health care spending (i.e. the “death panel”). H.R. 37 would repeal both the individual mandate and the IPAB.
HR 2009 would would eliminate the IRS role in ObamaCare.
The House of Representatives has already passed HR 2667 and 2668 to delay the employer mandate and individual mandate.
A majority of the states have refused to cooperate with ObamaCare by setting up insurance exchanges, and some are refusing to participate in the expansion of Medicaid. The Obama administration has already had to postpone a program for assistance to small businesses.
It is also becoming clear that ObamaCare will cost much more than its supporters claimed. One recent development has been a move by state governments toward having their employees buy ObamaCare-subsidized health insurance. This sort of trend may spark a taxpayer revolt against ObamaCare.
The President's postponement of the employer mandate has reinforced public beliefs that ObamaCare is harmful and perhaps unworkable.
The fight to repeal ObamaCare is underway, and we can still win.