The House of Representatives passed a bill today on “Repealing the Job-Killing Health Care Law Act” by a vote of 245 to 189. Iowa’s delegation split along the usual party lines: Democrats Bruce Braley (IA-01), Dave Loebsack (IA-02), and Leonard Boswell (IA-03), who voted for the Affordable Care and Patient Protection Act last year, voted against repeal. Republicans Tom Latham (IA-04) and Steve King (IA-05) voted against health insurance reform last year and for repealing it. King was delighted: “100% of my language to repeal 100% of ObamaCare just passed the House with 100% Republican support = 100% great day 4 the USA!” Press releases from Braley, Loebsack, Boswell, Latham and King are after the jump. Latham’s statement mentions the main points of the “replacement health care legislation” House Republicans are drafting.
Various groups and politicians have issued statements warning that many Americans will be hurt by repealing the health insurance reform. I’ve posted a few of those after the jump too, but I wouldn’t lose any sleep worrying about that just now. Repeal is a dead letter at least through 2012 and could advance in 2013 only if Republicans capture the U.S. Senate and defeat President Barack Obama.
I found it interesting that only three House Democrats voted for today’s repeal bill, even though 13 current members of the Democratic caucus voted against health insurance reform in the last Congress. Good whipping by Nancy Pelosi and Steny Hoyer, or recognition that popular support for repeal may be declining?
Here in Iowa, Governor Terry Branstad announced on January 18 that he joined the state of Florida’s lawsuit challenging the constitutionality of health insurance reform:
“I am signing on to this suit as the governor on behalf of the people of Iowa, because I believe Iowa taxpayers deserve to be heard on this critical matter,” Branstad said in a statement. “As we begin constructing our five-year budget, there is no doubt that the current federal health care law will shackle Iowa taxpayers for billions in unfunded mandates.”
The suit challenges the individual mandate of the health care reform law, as well as the expansion of Medicaid, the state-federal health insurance program for low-income people, said Branstad spokesman Tim Albrecht.
Branstad’s action is purely symbolic. The case will be litigated no matter how many states sign on as plaintiffs, and if the law is ruled unconstitutional, all states will be affected, not just those that joined the suit. Though I’m not an attorney, it seems that a whole lot of federal laws would have been struck down over the years if unfunded mandates really were unconstitutional.
Legal experts disagree over whether the Commerce clause gives Congress the power to require individuals to purchase health insurance reform.
Politically, Branstad’s opposition to health insurance mandates will boost his standing with the Republican base. They don’t really mind “activist judges,” and they won’t remember that Branstad advocated for a mandate to purchase health insurance as recently as 2007. (He explained why here.) The governor’s legal counsel, Brenna Findley, made the case against the individual mandate a central argument in her campaign against Attorney General Tom Miller last year. Miller supports the federal health insurance reform and has said the law is “heavily on the side of constitutionality.”
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