Do Not Cave on Obamacare




February 25, 2015
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The fear is palpable. It seems many Republicans and conservatives are afraid of winning the King vs. Burwell ACA subsidy care against the Obama administration. I overheard someone saying it might even be better to lose! Not true. If bureaucrats can make the law say whatever they want it to say, we are in deep trouble.

Conservatives need to focus their comments and the media’s attention on the millions of WINNERS in the 37 states if King wins.

As a reminder, the ACA only allows subsidies from exchanges “established by a state.” But when most states refused to establish them, the IRS began issuing subsidies through the federally-established

The U.S. Supreme Court will hear arguments on March 4, with a ruling expected in June.

The administration claims “congressional intent” as its authority. However, congressional history and ACA architect Jonathan Gruber say otherwise. Even more importantly, if the actual words in law can be redefined by mere claims of intent, congressional leaders in cahoots with presidents will use such claims to bypass future Congresses.

In this battle over the rule of law, Supreme Court justices must vote for statutory rigor, not interpretive dance.

To avoid political disaster, some say Republicans must let the 6.5 million with illegal subsidies keep them. Others say the Court will rule based on Republican resolve to protect the illegally subsidized. But consider Governor Scott Walker (R-WI). What if he had listened to capitulatory advice against battling unions? Instead, by refusing to buckle on bad ideas, he has won three elections in four years.

Issuing illegal subsidies was Obama’s calculated strategy to expand Obamacare -- and to save face! Consider how President Obama feels about the following:

·      Only 2.8 million are signed up for Obamacare through state exchanges.

·      Of the 11.4 million signed up, 8.6 million came via federal exchange

·      87% of 11.4 million got taxpayer-funded federal subsidies.

·      Only 1.1 million – the number of people likely to have signed up at federal exchange without subsidies available (the unsubsidized 13% of 8.6 million)

·      3.9 million – likely total ACA enrollees today if no federal exchange subsidies

·      22 million – federal estimate of Obamacare enrollees in 2016!

President Obama is no doubt desperate to save his legacy.

But Republicans must refuse to help him. They must let enrollment fall to lawful ACA levels. They must not expand Obamacare by legalizing the illegal subsidies. Health freedom is at stake. The rule of law hangs in the balance. Patient’s lives, jobs, wages, and the American dream are all at risk.

Don’t forget: Obamacare mandates and penalties are tied to the availability of subsidies, which the plain words of the law say can only be issued by state exchanges. Thus millions of employers and individuals in 37 states without a state exchange are SAFE from Obamacare’s mandates and penalties -- if King wins and if Republicans stand strong.

Subjecting these millions and millions of Americans to Obamacare mandates and penalties would be the real political disaster.

Standing strong for health freedom,

Twila Brase, RN, PHN

President and Co-founder