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‘If States Could Speak’: The GOP’s ‘Third Front’ Against Obamacare

Sens. Lindsey Graham (R., S.C.) and John Barrasso (R., Wyo.) introduced legislation Tuesday that would do considerable damage to the Democratic health-care law by allowing states to ‘opt out’ of its key provisions.

The State Health Care Choice Act would let state governments choose whether or not to participate in various aspects of Obamacare, including: the individual mandate forcing citizens to purchase health insurance or pay a fine, the employer mandate forcing businesses to provide health insurance or pay a fine, the mandated expansion of state Medicaid programs and the federal mandate determining what qualifies as an ‘acceptable’ health-insurance plan.

Addressing a group of reporters on Capitol Hill, Barrasso noted that President Obama in his State of the Union address last week indicated his willingness to work with Republicans on ways to improve the current health-care law. “Well, today we have ideas that will lower costs and improve care,” he said. “Instead of requiring states to follow Obamacare’s one-size-fits-all health-care policy, our bill lets states decide what works best for their citizens.”

Barrasso noted Monday’s court ruling striking down the health-care law in its entirety and said the proposed legislation was intended as “the second dagger into the heart of Obamacare.” Graham said by introducing the bill, Republicans were opening a “third front” in the effort to undo Obamacare, in addition to 1) challenging it in the courts and 2) voting to repeal it outright, which the House did recently.

Both senators insisted that allowing states to opt out of the law’s restrictive provisions — particularly the mandatory expansion of Medicaid — was necessary to ensure their economic survival. “This is something we can’t afford,” Graham said. “There has to be a better way to insure low-income Americans than putting states like South Carolina into bankruptcy.”

But they were also pretty straightforward as to the ultimate aim of their legislation. Graham said he was confident that, given the opportunity, most states would eagerly embrace the ability to opt out. “What would be the effect of them opting out?” he asked rhetorically. “The bill would fall and we’d have to replace it with something that made more sense . . . quite frankly, that is the goal.”

He was also confident that engaging the health-care debate at the state level would be a winning strategy for Republicans. “The politics of this is without limit,” Graham said. “It takes the debate and it makes it part of every state house race in 2012, it makes it part of every governor’s campaign in 2012, and this is exactly what’s been missing in the past — a robust debate outside of Washington.”

“If states could speak, I am confident that a majority of Americans, through their state legislators, if they had the chance, would opt out of these provisions,” he added. “And we’ll never know until we have that vote.”

So far, vulnerable Democrats up in 2012 have shown no indication that they’d support outright repeal. However, they will be hard pressed to deny their own states the ability to opt out of the law’s unpopular provisions. Republicans still need 13 Democrats to break a filibuster in the Senate, but Graham said he would be relentless in his pursuit of a vote, promising to bring the measure to the floor at every opportunity. “If we’re going to vote on naming a post office this year, we’re going to be voting on this,” he said. 

New on The Corner. . .


COMMENTS   16

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   02/01/11 19:47

Won't that make Obamacare closer to Constitutional, because the "Mandate? would come from the State, not the feds?

Plus it implies that we don't have the right to opt out now, which we do, because the Individual Mandate is NOT CONSTITUTIONAL.

Someone tell me I'm wrong, which I certainly often am... but Graham is a perpetual centralizer, and everything he says should be looked at suspect.

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   02/01/11 20:03

Re the lack of a straight up and down Senate vote on Obamacare, and for your amusement, a delicious little Saturday shopping scenario with none other than...Harry Reid.

External Link 

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rajz2011
   02/01/11 20:50

Obama looks confident that this strategy will prove to be a winning strategy for the Republicans. There is a chance that the bill might fall and they have to replace it with a new one. This article gives much more info. External Link 

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   02/01/11 20:56

Obama looks confident that this strategy will prove to be a winning strategy for the Republicans. There is a chance that the bill might fall and they have to replace it with a new one. This article gives much more info.http://bit.ly/ePS6Rq

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   02/01/11 21:13

No -- all the Graham bill will do is do harm to the effort to fully repeal Obamacare.

If this bill passes before repeal is given a try in the senate, it is harmful to the cause. No doubt as hoped by Goober Graham. If they wanted Obamacare to be repealed they should have held this close to the vest until then. This is calculated by these two to mess up the repeal effort. Sounds like Barraso has been drinking from the McCain/Graham punch bowl.

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   02/02/11 00:21

Opening up many fronts on Obamacare is crucial,but there is now a court finding that it is unconstitutional, thus null and void. Obama is going to defy this, it is up to the Republicans to support the court ruling and if necessary, precipitate a constitutional crisis and see this through to the Supreme Court, even as they press to have it overturned in Congress.

If Obama ignores the court, he is by definition, action, and example, a tyrant. The nation will not stand long if he succeeds.

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   02/02/11 00:40

Obama can ignore the Florida court ruling until it has been adjudicated by the Supreme Court, right? There is at least one court of Appeal that would process the Feds' appeal before the Supreme Court took up the case (I think). How long does that entire process take?

Graham's approach sounds like federalism. That sounds good but I'm always skeptical of Lindsey. It would be interesting to see what Mitch McConnell thinks of it.

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Sam Ritter
   02/02/11 08:09

Doesn't the need for this particular third front, emphasize yet again that the direct election of senators is a huge mistake. I know many who say that there is no hope of returning to the founders original process, but using Obamacare may give it a foot in the door. That, along with the renewed interest in the founders, thanks to the Tea Parties, may make it worth taking a chance.

I have to believe that if the Senators had been forced to return and explain their vote before the state legislatures, Obamacare as it exists now, would not be law. Think how many other unfunded mandates might also be avoided in future legislation. It may be difficult, but so is trying to repeal a major piece of legislation.

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SJLong
   02/02/11 09:46

Graham is trying to salvage the health care bill...and is hurting the repeal movement.

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 Duke
   02/02/11 15:41

Steve, Obama may not ignore the FL court's ruling. Unlike the other 3 courts (all 4 at the same level), the FL court constrains the Fed Gov't actions today. He can't pick and choose, imagining the other courts said he must (as opposed to may) go forward with Obamacare.
Try this rough analogy. For the same instance of crossing the street, a 4th cop arrests me for jaywalking after 3 cops give me a talking to but let me go. The first 3 don't give me immunity from the 4th.
It will be a constitutional crisis if Obama continues with Obamacare absent a stay or reversal. If he petitions for a stay pending appeal, he admits outright that he's bound by the FL ruling and can't really walk that back PR-wise if he loses the petition, which I'd wager is likely. He's in a bit of a fix.

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MarkJ
   02/02/11 16:25

To paraphrase that raving capitalist wing-nut Che Guevara, our goal is to "Create two, three, many fronts, that is the watchword."

Obama may be trying to emulate LBJ in attempting to implement his own Great Society program. Problem is Obama, like LBJ, will likely also end up with his own "Vietnam" in the form of ObamaCare.

May it be so.

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john b
   02/02/11 16:32

This bill won't help me. I'm a conservative leaning Libertarian in a deep blue state. My state will be the last to surrender any control over any aspect of the people's lives.
I however, fully intend to cancel my health insurance the moment it becomes mandatory. Just on general principles.

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Lhog
   02/02/11 16:52

“If states could speak,..." The States used to have the right to speak, before the 17th Amendment took it away. Their representatives were called Senators. If not for that Amendment maybe this law and many other laws destructive to States Rights would not have passed in the first place.

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roger rainey
   02/02/11 17:37

Whatever happened to the "and replace" part?

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BWest
   02/02/11 18:31

Roger,

"Whatever happened to the "and replace" part?"

To paraphrase FORMER Speaker Nancy P.: We have to repeal it first to see what the replacement is!

Actually, you know quite well what the replacement plans are, despite the "play dumb" act that the media does so well.

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astonerii
   02/02/11 18:53

what about the taxes in the law that subsidize states who do participate? Will they be returned to the people, or kept by the government?

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