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Posts Tagged ‘Congress’
February 26th, 2015 at 8:23 pm
Treasury Dept. Approves $3 Billion Transfer to Insurance Companies that Congress Denied

A letter from House Ways and Means Chairman Paul Ryan (R-WI) demands an explanation from the Treasury Department on why it allowed $3 billion in payments to ObamaCare insurance companies that Congress never approved.

In a well-documented piece, Philip Klein gives a disturbing summary of the Obama administration deliberately refusing to follow the law.

“At issue are payments to insurers known as cost-sharing subsidies,” writes Klein. “These payments come about because President Obama’s healthcare law forces insurers to limit out-of-pocket costs for certain low income individuals by capping consumer expenses, such as deductibles and co-payments, in insurance plans. In exchange for capping these charges, insurers are supposed to receive compensation.”

Here’s the rub.

“What’s tricky is that Congress never authorized any money to make such payments to insurers in its annual appropriations, but the Department of Health and Human Services, with the cooperation of the U.S. Treasury, made them anyway,” says Klein.

As proof, Klein cites a $4 billion funding request for the cost-sharing subsidies program in 2014 that was not fulfilled by Congress. It’s now 2015, the bills are coming due, and the Obama administration effectively said, “Never mind.”

Whether the domain is immigration or ObamaCare, the default setting for this administration seems to be that if it can’t get what it wants the legal way, it’s just as good to go around the law.

February 26th, 2015 at 1:44 pm
Boehner Stands Firm on Tying DHS Funding to Amnesty Ban

Kudos to House Speaker John Boehner (R-OH) for declining the Senate GOP’s offer to cave to Democrats’ demand for a so-called “clean” funding bill for the Department of Homeland Security.

As I discuss in my column this week, some Senate Republican leaders are getting gun shy about following through with the party’s promise to condition funding for DHS on new legislative language that specifically prohibits immigration agencies from implementing President Barack Obama’s unilateral amnesty program. They warn that Republicans will be blamed for the shutdown that would start on Sunday when the DHS budget ends, if no new bill is passed. Better, they argue, to appropriate the money now and hope the federal judiciary holds Obama accountable in the future.

At a press conference today, Boehner reminded everyone that – at least publicly – “All Republicans agree that we need to fund the Department of Homeland Security and we want to stop the president’s actions in response to immigration.”

Ever the politician, Boehner “would not say whether he would back a Senate funding bill without provisions that would defund President Obama’s executive actions on immigration,” reports National Journal.

Still, it’s encouraging to hear the Speaker of the House sound resolute in defense of the rule of law when so much of the political class is aching to cut a deal.

February 17th, 2015 at 12:53 pm
Congressional Democrats Want to Delay ObamaCare Penalties

It looks like having the courage of one’s convictions about the imperative of ObamaCare doesn’t include making good on the Democrats’ promise to “pay-as-you-go.”

Once upon a time when Rep. Nancy Pelosi (D-CA) was Speaker of the House, Democrats in Congress made a lot of noise about PAYGO, the fiscal policy that essentially requires new spending to be paid for with spending cuts, tax increases, or some combination of the two.

But now that ObamaCare’s IRS-imposed penalties are coming due, those same Democrats are singing a different tune.

“Three senior House members told the Associated Press that they plan to strongly urge the administration to grant a special sign-up opportunity for uninsured taxpayers who will be facing fines under the law for the first time this year,” the AP reports.

Interestingly, the three House members – Michigan’s Sander Levin, Washington’s Jim McDermott and Texas’ Lloyd Dogget – “[a]ll worked to help steer Obama’s law through rancorous congressional debates from 2009-2010.”

And now that the price of non-compliance with ObamaCare’s tax-raising mandates is becoming obvious, all three want to avoid a predictable constituent backlash.

Sorry fellas, if spending at least $684 million annually to educate the public about ObamaCare isn’t enough to adequately inoculate against angry voters, perhaps there’s a fatal flaw in the law.

At any rate, it’s time the American public got the version of health reform you voted for.

February 13th, 2015 at 6:05 pm
The ObamaCare Tax Even Democrats Want to Repeal

Nice things cost money, and so too does so-called affordable health insurance.

“More than one-third of all House members have signed onto legislation that would repeal ObamaCare’s tax on insurance companies, which even some Democrats agree is leading to high insurance costs for millions of American families,” reports The Blaze.

People familiar with the logic of doing business understand that private firms don’t pay taxes, people do. So when ObamaCare imposes a tax on health insurance providers, that amount gets passed on to consumers as higher premiums.

With ObamaCare’s second enrollment cycle about to end, many people are experiencing this economic rule up-close-and-personal.

“I hear every day from individuals, families, and businesses in Arizona about the cost of health care,” Rep. Kyrsten Sinema (D-AZ) is quoted as saying. “This common sense fix [i.e. repeal] will help lower out of pocket costs for hardworking Arizonans. By working together, we can provide relief for individuals, families, and employers while increasing access to quality affordable health care.”

That’s highly unlikely because ObamaCare’s regulations increase the cost of providing health care, and its complex web of subsidies is designed to hide some of that increase. Repealing a source for subsidies without also repealing the regulations that make them necessary leaves the elevated cost without a means to pay for it.

Still, it’s good to see at least some Democrats in Congress supporting the repeal of at least some part of ObamaCare. Remove enough supports, and eventually the whole architecture crumbles.

February 6th, 2015 at 4:43 pm
Avik Roy Weighs In on the GOP’s Patient CARE Act

Avik Roy, a conservative health policy expert, penned a very helpful primer on the latest GOP ObamaCare alternative.

The plan – the Patient CARE Act – is an updated version of similar reform concepts presented last year by three leading Republican members of Congress.

Along with other intriguing ideas, the Patient CARE Act replaces ObamaCare’s restrictive subsidy system – i.e. the money can only be spent on federally-approved insurance plans – with “a means-tested tax credit that individuals could use to buy a far broader range of insurance products, or deposit the funds in a health savings account.”

As a tremendous service to readers, Roy also summarizes how the Patient CARE Act compares to other conservative health reform alternatives: his Transcending ObamaCare and one championed by the 2017 Project. All three are serious proposals and deserve attention.

More on these and other ObamaCare alternatives as they develop…

February 5th, 2015 at 8:27 pm
New GOP ObamaCare Alternative

Here’s a look at the newest Republican alternative to ObamaCare.

According to the plan’s authors – Rep. Fred Upton of Michigan, plus Senators Richard Burr of North Carolina and Orrin Hatch of Utah – the plan would rein in Medicaid’s burgeoning costs by turning it into a block grant.

That’s not all.

Among other things, the Patient CARE Act would:

  • Enact medical malpractice reforms to reduce frivolous lawsuits
  • Require basic price transparency to inform and empower patients
  • Cap the exclusion of an employee’s employer-provided health coverage
  • Create a targeted tax credit to help buy health care

Billed as a “Bicameral Republican Blueprint,” this proposal has support from three powerful members of the GOP in Congress. Once they produce more details, then we’ll see how many votes they can muster.

February 4th, 2015 at 1:11 pm
IRS Delays Enforcement of ObamaCare “Clawback”

Ladies and gentlemen, please welcome another politically-motivated ObamaCare delay to the stage!

Megan McArdle sums up the IRS’ decision to let those who received too much in ObamaCare subsidies last year get extra time to pay back the difference (called the law’s “clawback” provision).

“It’s not relieving you of the obligation to repay; it’s just saying that you won’t be liable for a penalty if you don’t repay by the deadline,” explains McArdle. “Interest will continue to accrue, but the interest rates that the IRS charges are actually pretty reasonable (and probably much better than what your credit card company charges). It’s the failure-to-pay penalties it layers on top – half a percentage point a month, with even stiffer penalties for failing to file – that really make your tax bill add up fast.”

That is, if the Obama IRS ever gets around to enforcing the parts of laws it doesn’t like. McArdle writes, “The IRS emphasizes that this is a one-time deal, just for 2014. But I’m not sure if you should believe it. This emphasizes one of the problems we’ve spoken about a lot in this space: The political will to impose the costs of the Affordable Care Act is a lot less strong than the will to distribute the benefits.”

The Republican establishment was once derided as the tax collector for the welfare state. If Obama and the Democratic Party can’t be bothered to administer both the costs and the benefits of their so-called health reform law, the GOP shouldn’t shoulder the burden of balancing its books.

Every politically-motivated delay in enforcing an aspect of ObamaCare is a tacit admission by its supporters that the law is unworkable in practice. Republicans should acknowledge the obvious and start afresh.

February 3rd, 2015 at 7:36 pm
Harry Reid and the Senate Democrats Vote to Shut Down DHS; Time for GOP to Play Hardball

Harry Reid (D-NV) and his Senate Democrats voted to shut down the Department of Homeland Security today.

The piece of legislation they voted down was a Republican bill to fund DHS for the rest of the fiscal year with the caveat that no funds could be spent implementing President Barack Obama’s unilateral immigration amnesty. Currently, the DHS budget is set to expire at the end of February.

The decision probably didn’t involve too much deliberation or anguish since Reid & Co. can count on a sympathetic media to frame the result as Republican obstruction, i.e. not letting Obama and the Democratic Party run roughshod over federal law to curry favor with millions of potential future voters.

If anything Reid and his allies probably think they helped Obama save face by shielding him from having to veto common sense legislation for naked political reasons. Now, Obama can blame Congress for not working, even though it’s the members of his own party that are throwing up roadblocks.

One thing that is clear is that Reid never would have whipped his entire caucus in opposition unless Obama had authorized it. So, call this an indirect veto of Republicans’ immigration funding maneuver and we’re right where we would have been had the bill passed and been rejected.

Obama and Reid play on the same team, so Republicans can’t let the media portray this as anything other than what it is – a high stakes dispute over whether policy gets decided according to the rule of law or the whim of one.

If the president wants to start the negotiating process earlier than expected, so be it. Republicans in Congress shouldn’t use this an excuse to cave.

There had to be a strategy to overcome the veto, at least in the court of public opinion. After today’s vote, it’s time to accelerate the time line.

January 28th, 2015 at 5:16 pm
Striking Down ObamaCare Subsidies in Some States Would End Individual, Employer Mandates

There are many ways to skin a cat, the saying goes, and there may be more than one way to frame the Supreme Court striking down the IRS’ lawless extension of ObamaCare subsidies to an estimated 5 to 6 million Americans.

If the Court invalidates the subsidies for people living in states without a state-run ObamaCare exchange – as a plain reading of the law requires – then the consequences will have a ripple effect.

“For instance,” columnist Philip Klein explains, “ObamaCare’s fines against employers that do not offer health insurance coverage are triggered when a worker claims government subsidies to purchase insurance on an exchange – but in states where workers can no longer legally receive those subsidies, then there are no fines. The employer mandate, thus, is effectively dead in those states.”

There’s more.

“Additionally,” says Klein, “the individual mandate exempts those who can’t find health insurance options for less than 8 percent of their income – thus, if the subsidies are eliminated, more people will be able to claim this exemption.”

In other words, if a lack of ObamaCare subsidies make individual health insurance unaffordable, then the individual and employer mandates are null and void.

An ObamaCare without mandates weakens the law substantially, and makes it far more likely for Republicans to change. If the Supreme Court delivers a decision that brings it about, the GOP should be in a good position to enact a more workable alternative.

January 27th, 2015 at 6:41 pm
GOP Congress Working on ObamaCare Alternative If Subsidies Struck Down

Republicans on both sides of Capitol Hill are busy strategizing for ways to minimize the political fallout if the Supreme Court invalidates health insurance subsidies for millions of people currently receiving them under ObamaCare.

The case, King v. Burwell, challenges the IRS’ decision to make insurance premium subsidies available to citizens of 34 states that do not have a state-run ObamaCare exchange. The policy is in direct conflict with ObamaCare’s text, providing the justices with a clear opportunity to hold the Obama administration to the letter of the law.

The Hill is reporting that Republican members of the House and Senate are discussing ways to be ready when and if an estimated 5 to 6 million Americans suddenly can’t afford to purchase mandated health insurance.

So far, no details have emerged regarding specifics. There is a lot to consider since any change in the law will require President Barack Obama’s signature. A complicating factor may be this president’s willingness to let the media portray Republicans and the Court as heartless conservatives, even though all that’s being asked for is the Obama administration to implement its own law as written.

Nothing new here.

On the flip side, it’s encouraging to hear that Republicans in Congress are trying to get in front of a potentially damaging issue by coalescing around an alternative they can sell to the public.

Hopefully this is the start of a welcome trend.

January 22nd, 2015 at 8:20 pm
Obama Admin Shirking Legal Duty to Inform Congress of New Regulations

As Republicans turn to the Congressional Review Act (CRA) to rein in the Obama administration’s executive overreach, they should scrutinize a recent trend to shirk the CRA’s reporting requirements.

In my column this week I explain how the CRA works – a federal agency proposes a rule and Congress gets about 60 days to kill it (so long as the president agrees). Even if the president vetoes Congress’ disapproval, the process helps define each party’s stance on the proper role of regulation.

Importantly, the CRA imposes a reporting requirement on federal agencies to inform Congress about final rule proposals. It turns out, however, that the CRA doesn’t create an oversight process to ensure compliance.

Enter the Government Accountability Office (GAO), Congress’ watchdog over the administrative state.

“Shortly after the CRA was enacted, GAO voluntarily developed a database of submitted rules, began checking the Federal Register to ensure that all covered rules were being submitted, and periodically notified the Office of Management and Budget (OMB) about missing rules,” says a 2014 report from the Administrative Conference of the United States.

“However, in November 2011, GAO decided to reduce its checks of the Federal Register, and to stop notifying OMB about missing rules.”

As a consequence, GAO lost track of whether federal agencies were complying with the CRA. Between 2012 and 2014, “[m]ost of the 43 missing major and significant rules also did not appear to have been received by both houses of Congress – thereby preventing a Member of Congress from introducing a resolution of disapproval under the CRA.”

Since Congress can’t disapprove what it doesn’t know about, the Republicans that control the legislative branch should instruct GAO to ratchet up its oversight to ensure the Obama administration is CRA-compliant.

January 15th, 2015 at 8:07 pm
Paul Ryan Says No to Raising Gas Tax

With oil prices at record lows some Members of Congress have floated the idea of raising the federal gas tax to make up for lost revenue.

Today, Paul Ryan put the kibosh on the proposal.

“We won’t pass the gas tax,” Ryan, a Wisconsin Republican, said to members of the media outside a GOP policy retreat in Hershey, PA.

Ryan’s pronouncement likely quashes the idea that Congress will pass legislation during his tenure as chairman of the tax-writing Ways & Means Committee.

This won’t make the social engineering crowd happy.

According to a piece at Newsweek in support of imposing a higher gas tax, “Whenever you impose a new and unanticipated tax, some part of the existing capital stock becomes less valuable than it was before.” “Adding, say, 50 cents to a gallon of gasoline makes preexisting gas guzzlers, homes in the suburbs and oil-based home heating systems worth less than before.”

“Conversely, when oil prices fall, fuel-efficient cars, homes in city centers and public transit investments all drop in value. This can lead to economic waste: under-used automobiles, unrented homes and empty subways,” complains the author.

Note that the compacted urban lifestyle preferred by liberal social planners is the vision that suffers from low gas prices, while the middle class lifestyle experienced by millions of Americans benefits.

Raising taxes to force people to become public transit-riding renters instead of car-driving homeowners isn’t very popular when put in these terms.

Kudos to Chairman Ryan for putting this idea to rest.

January 14th, 2015 at 1:54 pm
Study: Best Time to Repeal ObamaCare Might be Year 2020

How important is the upcoming 2016 presidential election?

According to research by political scientist Jordan Ragusa, the most favorable time to repeal landmark legislation like ObamaCare occurs about ten years after its passage.

Since ObamaCare was passed in 2010, that means 2020 is the year repeal activity could be at its height.

Ragusa’s ten-year window is an average calculated over a fifty-year study of repeal efforts of major laws. In the context of ObamaCare, Ragusa’s timeline makes perfect sense. Republicans don’t have the supermajority in either chamber of Congress to override a certain veto from President Barack Obama. But if a Republican wins the presidency in 2016, all the GOP would need is a simple congressional majority to repeal any or all of ObamaCare.

Yes, it’s important for Republicans in Congress to get whatever wins they can muster now to weaken ObamaCare before it does more damage. But changes in partisan control take time. When ObamaCare was passed Democrats were in complete control of the political branches. The earliest Republicans could be in such a position is January of 2017.

It will also take time for the GOP to coalesce around a comprehensive alternative to ObamaCare, which, according to Ragusa’s data, shouldn’t be too much of a concern as long as a repeal-and-replace bill is signed into law before the Republican president’s first term expires.

There are a lot of considerations to keep in mind when it comes to securing a free market alternative to ObamaCare. Lack of time to do it right isn’t one of them.

January 8th, 2015 at 2:10 pm
Rep. Roby Files Bill to Defund Obama’s Amnesty

If you want to know how Congress can stop President Barack Obama’s unilateral amnesty plan, take a look at Rep. Martha Roby’s (R-AL) new proposal – H.R. 31, the “Prevention of Executive Amnesty Act of 2015.”

Filed as a standalone bill, the measure could easily be rolled into the upcoming appropriations package for the Department of Homeland Security, the federal agency that is tasked with implementing Obama’s decision to halt deportations for up to 5 million illegal immigrants and grant many of them work permits.

As Byron York explains, “Roby’s bill is essentially a ‘none of the funds’ clause, that is, it forbids the executive branch from spending money for a particular purpose.” In the so-called ‘crominbus’ bill passed in December to fund every other federal agency except DHS, Congress used the ‘none of the funds’ clause more than 450 times. Applying it to the directives that implement Obama’s amnesty is a simple, straightforward way for Congress to use its power of the purse to block the move.

Of course, Obama can veto any bill with Roby’s language. But since the president doesn’t have a line-item veto, refusing to sign the law would defund DHS.

For once, let this president get the blame for shutting down the government.

January 6th, 2015 at 4:23 pm
Senate GOP Eyes Keystone XL Approval

Now in the majority, GOP Senators are moving quickly to approve the Keystone XL pipeline, a transcontinental project that would link Canadian oil to refineries in American Gulf states.

“The president is going to see the Keystone XL pipeline on his desk and it’s going to be a bellwether decision by the president whether to go with jobs and the economy,” Senator John Barrasso (R-WY), said on Sunday.

President Barack Obama has played games with the approval process over the past few years. Initially, his State Department supported the project and was ready to go forward until environmental activists successfully lobbied for delaying tactics, such as additional feasibility studies.

Without a Democratic Senate running interference, Obama will now have to govern. Though it prefers to partner with the United States, Canada has said it will export its oil to China if the Obama administration remains beholden to the environmental lobby.

The truth of the matter is that the oil is being pumped and its $3.4 billion economic contribution will have to go somewhere. Ultimately, Obama’s decision boils down to whether he wants Canadian oil to boost the American economy or China’s.

December 9th, 2014 at 1:31 pm
Gruber Gets Gored

Even though Jonathan Gruber did his best to apologize for his incredibly damaging – and seemingly accurate – remarks about how and why ObamaCare was drafted, there was no place to hide from the bipartisan rebuke he received today from the House Committee on Government Oversight and Reform.

Gruber is the now infamous MIT professor and erstwhile “architect” of Democrats’ signature health reform law that called American voters “stupid” for not understanding basic economics and the deceptive policies embedded in ObamaCare.

Gruber’s comments have incensed Republicans, but they’ve also infuriated Democrats. Of all the anger directed at Gruber today, perhaps none was more forceful than that erupting from Rep. Elijah Cummings of Maryland, the ranking Democrat on the committee.

“As far as I can tell, we are here today to beat up on Jonathan Gruber for stupid – I mean absolutely stupid – comments he made over the last few years,” Cummings said. “Let me be clear, I am extremely frustrated with Dr. Gruber’s statements” because “They were irresponsibly, incredibly disrespectful, and did not reflect reality. And they were indeed insulting.”

We’ll see if any of this theater persuades the Supreme Court. Next spring the justices consider whether a section of ObamaCare should be interpreted, as written, to deny subsidies to citizens in 37 states that use the federal health insurance exchange. It’s an interpretation that Democrats oppose, but Gruber in at least one viral video adamantly confirms.

It’s been said that a political gaffe occurs when someone says the truth in public. Regarding ObamaCare’s deceptive elements, that may be Jonathan Gruber’s greatest offense.

December 8th, 2014 at 6:22 pm
ObamaCare’s ‘Stupid Voter’ Architect to Testify at GOP Hearing

On Tuesday this week Jonathan Gruber, the MIT economist and ObamaCare architect made infamous by a series of viral videos confirming suspicions of deceptive lawmaking, will appear before the House Government Oversight and Reform Committee.

It won’t be a pleasant meeting for Gruber.

Committee chairman Darrell Issa (R-CA) has titled the hearing, “Examining ObamaCare Transparency Failures.”

The biggest issue will be whether Issa and his fellow Republicans can get Gruber to confirm his previous statement that ObamaCare only grants insurance subsidies to people in states that operate their own health exchange. That’s the central issue in the case going before the Supreme Court next spring, and if the justices accept it, much of ObamaCare could be gutted.

Liberals are already trying to get ahead of any Gruber confessions under oath that could undermine their landmark domestic policy.

In a long-read piece at Politico, a former Democratic staffer tries to minimize the impact of Gruber’s comments by first saying he wasn’t involved in the policymaking process. That’s a fair point.

But then the staffer seems to completely confirm Gruber’s main argument – that the disputed statutory language was deliberately concocted to confuse people who weren’t in on the backroom political calculations.

The Politico reporter sums up the staffer’s argument this way: “The point of having the ‘Balkanized’ approach – state health exchanges plus a federal one for states that didn’t build their own – was to appeal to centrist senators, he said, since most liberal Democrats would have been happy just to have a federal one.”

As the staffer explains it, “No one was willing to fall on their swords to make sure states ran their own exchanges.”

In other words, the text in the law that limits the flow of subsidies to state exchanges is nothing more than an Orwellian wordplay. It doesn’t mean what it says. Rather, it’s designed to give ‘centrist’ senators political cover for voting to do the exact opposite – give subsidies to everyone.

Confused? Gruber isn’t.

This new rationale sounds an awful lot like the “tortured” drafting of ObamaCare that takes advantage of the “stupidity of the American voter” that Gruber’s been saying for years.

Kudos for being honest. Now let’s see if he will remain so under oath.

November 25th, 2014 at 5:03 pm
Jonathan Gruber to Testify Before House Committee

For political junkies, the news that MIT professor and ObamaCare architect Jonathan Gruber has agreed to testify before the House Government Oversight and Reform Committee is must see TV.

Gruber has stirred up a hornet’s nest of negative press for the controversial health care law because of statements he’s made at academic conferences over the last few years. Helpfully summarized by the folks at American Commitment, Gruber’s comments include calling American voters stupid and admitting to writing ObamaCare’s text in a tortured way to avoid a straightforward cost estimate from the Congressional Budget Office.

Also appearing at the hearing will be Marilyn Tavener, administrator of the Centers for Medicare and Medicaid Services, to explain – presumably with a straight face – why revelations that ObamaCare’s reported enrollment of 7 million inexplicably counted 400,000 dental plans. Republicans suspect a bad faith face-saving move since without the incorrectly included dental plans enrollment would have failed to reach CBO’s benchmark estimate.

All in all, December 9, 2014 should be an entertaining day in Washington, D.C. – if you like to watch contentious oversight hearings.

November 17th, 2014 at 3:42 pm
Gallup: New High in Public Disapproval of ObamaCare

Fifty-six percent of Americans disapprove of ObamaCare, the highest number disapproving of the controversial health care law since Gallup began asking the question.

Approval of ObamaCare peaked just before the 2012 presidential election, but has cratered since then.

The culprit is reality.

The beginning of ObamaCare’s nosedive in popularity “occurred in early November 2013”, according to Gallup’s analysis, “shortly after millions of Americans received notices that their current policies were being canceled, which was at odds with President Barack Obama’s pledge that those who liked their plans could keep them. The president later said, by way of clarification, that Americans could keep their plans if those plans didn’t change after [ObamaCare] was passed.”

In other words, the law has continued to grow less popular with each new revelation that it was sold on a pack of lies.

Though completely repealing the entire law seems unlikely because the new Republican Senate majority is less than the number needed to overcome a certain Obama veto, the increasing levels of voter disapproval could convince some Senate Democrats to join Republicans in dismantling large parts.

Unless, that is, they want to risk involuntary retirement when their next election arrives.

November 14th, 2014 at 1:32 pm
Ponnuru: What to Do If SCOTUS Strikes Down ObamaCare Subsidies

With ObamaCare architect Jonathan Gruber’s admissions that the controversial health law was sold on a pack of lies, the probability is rising that the Supreme Court will interpret the law as written and eliminate subsidies for millions of people.

If that happens, will Republicans in Congress be ready?

In order to lay the groundwork for an ObamaCare alternative that covers as many or more people than the current law, and costs less, Republicans in Congress could unite behind a framework proposed by conservative health experts James Capretta and Yuval Levin. Similar ideas have been endorsed by Senator Orrin Hatch (R-UT), the incoming-chairman of the Senate Finance Committee, and Rep. Paul Ryan (R-WI), the likely next chairman of the House Ways and Means Committee.

If the Supreme Court does strike down the subsidies, President Barack Obama won’t have much leverage since, “Much of ObamaCare would have just self-destructed due to its own design flaws and lack of public support, and Republicans would be offering a way to advance the law’s stated goal of assuring coverage – if not in the highly prescriptive and centralized manner the White House prefers”, writes Ramesh Ponnuru. “Democrats’ favored lines of attack on Republicans over health care – that they have no alternative, that they would take people off the insurance rolls – would have been neutralized.”

Sounds like a strategy worth pursuing.