I have talked a little bit about the questions the Justices posed during argument about the severability of portions of Obamacare that are not presently under challenge. I believe the Court knows it to be folly to examine each discreet piece of Obamacare to divine whether Congress would have passed it without the unconstitutional part. Thanks to ikaika, we know Justice Scalia asked, "You really want us to go through these 2,700 pages?"
Mr. Romney wants to talk about less regulation that would keep the lights on at old jobs and help create new ones. Maybe I have discouraged some noise about how an executive order may not be a totally constitutional way to set immigration policy. I wanted Mitt to get out his Pennsylvania message. Lest anyone think I do not feed on conservative red meat, I have found a way to talk about getting rid of excessive regulation and calling for a constitutional process all at the same time.
Our friends at Cato are calling attention to a new IPAB app in Obamacare that completely dispenses with all the messiness of Congressional legislation in making new laws. The Independent Payment Advisory Board takes "some of the politics out" of government direction of the health care sector. It makes a legislative proposal, when called upon by defined circumstances. The proposal may require HHS to decrease services or to increase funding, perhaps requiring a tax increase. It automatically can become law without an act of congress or the ability of a President to veto it.
Do not be alarmed. This is a kindness.

1 comment:
I've been saying for ages that as much as we may not like how political decisions are made, the opposite is not consensus but violence. So politics may be the least bad option in itself.
The IPAB is a form of violence - or at least contains the threat of violence from government.
Obey, or else.
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