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From The Heritage Foundation and The Hoover Institution:
Health Care
Obamacare’s Other Unconstitutional Provision
by Clint Bolick
Hoover Institution
December 21, 2011
Central to the passage of the federal health-care law was the Obama administration’s assertion—ludicrous on its face yet convincing to enough members of Congress to provide the bill’s razor-thin margin of victory—that the law would contain health-care costs. Central to that assertion, in turn, is the Independent Payment Advisory Board (IPAB). Congress invested IPAB with broad powers to control Medicare costs—powers with virtually no limits. Three features combine to make IPAB’s regulatory power unprecedented: its decisions are largely uncontrollable by Congress, its actions are unreviewable by the courts, and—amazingly—the agency’s existence is virtually unrepealable.
URL: www.hoover.org/publications/defining-ideas/article/103021
Health Care
Obamacare’s Other Unconstitutional Provision
by Clint Bolick
Hoover Institution
December 21, 2011
Central to the passage of the federal health-care law was the Obama administration’s assertion—ludicrous on its face yet convincing to enough members of Congress to provide the bill’s razor-thin margin of victory—that the law would contain health-care costs. Central to that assertion, in turn, is the Independent Payment Advisory Board (IPAB). Congress invested IPAB with broad powers to control Medicare costs—powers with virtually no limits. Three features combine to make IPAB’s regulatory power unprecedented: its decisions are largely uncontrollable by Congress, its actions are unreviewable by the courts, and—amazingly—the agency’s existence is virtually unrepealable.
URL: www.hoover.org/publications/defining-ideas/article/103021
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