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Thursday, March 5, 2015

Obamacare channels Orwell

"If you want to get a sense of how Orwellian the law actually is, just look at the section cited by Verrilli — 1321. - Washington Examiner

Toward the end of Wednesday's oral arguments in the latest Obamacare case to make it to the Supreme Court, Donald Verrilli, U.S. Solicitor General, argued that the administration's interpretation of the healthcare law was the most deferential to states. The argument, apart from coming from an administration that has consistently asserted a robust role for the federal government, was a bid to win over Justice Anthony Kennedy, a key swing vote, who raised concerns about the federalism implications of the suit....

Verrilli argued that the law's text "is designed to afford state flexibility" and that the challengers' interpretation would contradict this. He added, "It would be an Orwellian sense of the word 'flexibility' to use it in the manner that petitioners say the statute uses it, because it's the polar opposite of flexibility." The implication was that this would be preposterous.

In truth, Orwellian semantics are a standard aspect of Obamacare, a law that's named the "Patient Protection and Affordable Care Act" even though in reality it has triggered the cancellation of individual health insurance plans, narrowed choices of doctors and hospitals, and jacked up the sticker price of insurance.

If you want to get a sense of how Orwellian the law actually is, just look at the section cited by Verrilli — 1321. It promises "state flexibility," as he noted, but starts by instructing the secretary of Health and Human Services (a federal official) to "issue regulations setting the standards for meeting the requirements" for states creating exchanges, offering health insurance through the exchanges and managing risk in the insurance market. It also says the federal government can impose "such other requirements as the Secretary determines appropriate." So any state that sets up an exchange must abide by a mountain of federal regulations and that it can only offer insurance policies that meet the federal definition.... KEEP READING