Fred Barnes has a great column at the Weekly Standard about various ways conservatives can “push back” against the Obama regency on numerous fronts. It is well worth a read. But one point merits a bit more elaboration — and, indeed, more elaboration than it will receive in this particular blog post, although this will be a down payment on said elaboration. Anyway, Barnes leads with ways that smart people can continue to push back particularly against ObamaCare, and specifically mentions the state governors fighting against the insurance “exchanges” in the program. Barnes mentions there is a lawsuit pending against the administration’s implementation of the federal version of the exchange. What needs emphasis, though, is that the lawsuit, filed by the state of Oklahoma, actually has the potential to unravel a large chunk of the whole ObamaCare scheme. Read about it here.
And that’s not the only suit outstanding against ObamaCare. When the dozens of lawsuits against the liberty-destroying HHS mandate, for example are finally consolidated and heard, I predict a very, very, very heavy likelihood that the mandate will be thrown out. Now, granted, that won’t overturn the whole law, but only that particular regulation. It does, however, allow some other, technical questions to be piggybacked upon the challenge, and those questions, too, can help unravel parts of the superstructure of the law.
Then there is Liberty University’s suit, which for now has been resurrected after wrongly being thought mooted by Chief Justice Roberts’ awful decision on the “individual mandate.” There is certainly a scenario under which a win by Liberty could actually lead to the whole law being adjudged unconstitutional. This bears watching.
Finally, and most importantly, the Goldwater Institute’s lawsuit, especially including its challenge to the Independent Payment Advisory Board, is still alive — and I believe it has tremendous merit. Indeed, I predict that Goldwater will win this case of Coons v. Geithner. And if IPAB is thrown out, there is at least an even chance, in my estimation, that the justices determine it is not severable from the rest of the law, which would mean the whole law would be ruled unconstitutional.
That lawsuit merits a full column of its own, and will receive one soon, here at CFIF.