I argue at FoxNews.com that the failures of Obamacare and Bush’s response to Hurricane Katrina are not equivalent. Obamacare is much worse. Obamacare was not an act of god or war — it is a completely man-made, avoidable, foreseeable disaster. The Framers designed the presidency to act swiftly to address emergencies like disaster and war. They did not grant executive power to the president to stop the implementation of the bad ideas passed by Congress and signed by the president himself. Instead, the Framers wanted both branches to be held accountable for their good and bad ideas, and for the voters to turn them out of office for such failures.
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About the Author
John Yoo is the Thomas W. Smith Senior Fellow at the Civitas Institute, University of Texas at Austin; Emanuel S. Heller Professor of Law at the University of California at Berkeley; and a nonresident senior fellow at the American Enterprise Institute. He is a co-author of the just-released two-volume American Constitutional Law (Routledge, 2026).
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