House Speaker John Boehner announced last week that House Republicans would decide on an Obamacare alternative health care plan to bring to the House floor for a vote. The Republican Establishment in D.C. is pushing a plan drafted by Republican doctors serving in the House, one section of which imposes federal medical malpractice limits to help...DOCTORS - not patients. Last year, the Republican doctors took over the task of drafting a health care plan for the House Republican Study Committee, a group of conservative Members that used to protect states rights in its proposals and avoided proposals for a federal takeover of health care and state tort law. As Ive written many times here, the legal experts who crafted the litigation strategy against Obamacare and advise House Republicans on the Constitution say that federal medmal limits of the type in the RSC bill are unconstitutional and accuse the GOP of being FINOs - Federalists in Name Only. Rob Natelson, probably the chief legal expert in the growing movement for an Article V convention to reassert federalism principles, criticized the federal medmal caps section in the RSC bill in October. Its worth remembering that the Supreme Court agreed with Rob Natelson, Randy Barnett, and other anti-Obamacare experts in its 2012 decision on Obamacare that the law isnt a valid exercise of Congress authority under the Commerce Clause. Republican-side health care experts who accurately predicted Obamacares failures and are advising House Republicans on an alternative dont favor federal medical malpractice limits either. Some recognize the conflict with the partys stated goal of protecting states rights, and others know it really doesnt save much in health care costs (see my post here for examples). Here are some of the numerous plans - truly conservative, actually market-based alternatives - that House Republicans should consider to avoid the Cronyist, anti-federalism landmine in the RSC bill.
Posted on: Sun, 26 Jan 2014 03:46:33 +0000
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