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Democrats’ New ObamaCare Defense: Repeal Is Unconstitutional!

Posted on January 19 2011 12:32 pm
Scott Spiegel blogs at He can be reached at

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This week the newly majority Republican House of the 112th Congress will vote on repeal of the 2010 Patient Protection and Affordable Care Act, also known as The Albatross Around Democrats’ Necks.

Republicans have named their bill the “Repealing the Job-Killing Health Care Law Act,” proving again that Republicans are more likely to give their legislation names that are corny, contentious, and accurate, whereas Democrats are more likely to give their legislation names that are slick, mollifying, and deceptive.

Pundits expect H.R. 2 to easily clear the House, where ObamaCare narrowly passed 219-212 last March, before the great Republican Reckoning of November 2010. In that election, not only did Democrats lose a net 63 seats to Republicans, but the remaining Democratic flotsam left after the tsunami realized they ought to consider switching their votes unless they wanted to be swept away in November 2012.

In an insightful analysis, The Weekly Standard reported that in swing districts, just 28% of sitting House Democrats who voted for ObamaCare held onto their seats in the 2010 elections. In contrast, 57% of sitting Democrats in swing districts who voted against ObamaCare kept their seats.

If all House members still in office after November’s election voted the way they did last spring, all newly sworn-in Republicans voted to repeal ObamaCare, and all newly sworn-in Democrats voted not to repeal ObamaCare, the House would vote for repeal by 255-180—a margin more than 10 times as large as the one by which ObamaCare passed. That’s assuming no newly sworn-in Democrats—none of whom are saddled with a prior vote for ObamaCare, and some of whom campaigned on the promise that they would have opposed it—will vote to repeal it.

Obama, Harry Reid, Nancy Pelosi, and the rest of the Democratic leadership have alternately been laughing at and warning against the repeal effort, which they claim is both pathetically useless and grievously dangerous.

Reid announced of Congressional Republicans that:

“[They] have to understand that the health care bill is not going to be repealed… [They] should get a new lease on life and talk about something else.”

White House Spokesman Robert Gibbs smirked that the repeal effort “is not a serious legislative effort.”

Meanwhile, Obama has insinuated that repeal would be a grave mistake that would send the nation “backward.” Department of Health and Human Services Secretary Kathleen Sebelius cautioned that repeal could cause 129 million Americans with preexisting conditions to lose their health insurance—a ludicrous claim promptly deconstructed by the Cato Institute. (New ObamaCare slogan: “If you liked your health insurance, you can’t unkeep it!)

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