Republicans Ready Legislation to Cede Health Care Law-Making Power to Courts

Reporting on Politics and Policy.
March 22 2011 5:35 PM

Republicans Ready Legislation to Cede Health Care Law-Making Power to Courts

Rep. Darrell Issa's office sends over a bill, co-sponsored by freshman Rep. Joe Walsh, that would prohibit the implementation of "ObamaCare" as long as there are court challenges pending against it.

The provisions of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, including the amendments made by such Acts, that are not in effect on the date of enactment of this Act shall not be in effect until the date on which final judgment is entered in all cases challenging the constitutionality of the requirement to maintain minimum essential coverage under section 5000A of the Internal Revenue Code of 1986 that are pending before a Federal court on the date of enactment of this Act.

Advertisement

That's quite a transfer of power from Congress to the courts. There are many, many lawsuits filed against laws, regulations, and acts of Congress. The assumption is that the laws are enforced until they're actually struck down, because as has been happening with the PPACA, the courts are actually split on this.

issawalsh (function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src="http://www.slate.com/javascripts/embed_code/inject.js?1300826227"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();

David Weigel is a reporter for Bloomberg Politics

TODAY IN SLATE

Politics

Talking White

Black people’s disdain for “proper English” and academic achievement is a myth.

Hong Kong’s Protesters Are Ridiculously Polite. That’s What Scares Beijing So Much.

The One Fact About Ebola That Should Calm You: It Spreads Slowly

Natasha Lyonne Is Coming to the Live Culture Gabfest. Are You?

A Jaw-Dropping Political Ad Aimed at Young Women, Apparently

The XX Factor
Oct. 1 2014 4:05 PM Today in GOP Outreach to Women: You Broads Like Wedding Dresses, Right?
Crime

Operation Backbone

How White Boy Rick, a legendary Detroit cocaine dealer, helped the FBI uncover brazen police corruption.

Music

How Even an Old Hipster Can Age Gracefully

On their new albums, Leonard Cohen, Robert Plant, and Loudon Wainwright III show three ways.

Tattoo Parlors Have Become a Great Investment

This Gargantuan Wind Farm in Wyoming Would Be the Hoover Dam of the 21st Century

Moneybox
Oct. 1 2014 8:34 AM This Gargantuan Wind Farm in Wyoming Would Be the Hoover Dam of the 21st Century To undertake a massively ambitious energy project, you don’t need the government anymore.
Behold
Oct. 1 2014 6:59 PM EU’s Next Digital Honcho Says Celebs Who Keep Nude Photos in the Cloud Are “Stupid”
  News & Politics
Politics
Oct. 1 2014 7:26 PM Talking White Black people’s disdain for “proper English” and academic achievement is a myth.
  Business
Moneybox
Oct. 2 2014 9:19 AM Alibaba’s Founder on Why His Company Is Killing It in China
  Life
Atlas Obscura
Oct. 2 2014 10:42 AM The Hanging Coffins of Sagada
  Double X
The XX Factor
Oct. 1 2014 5:11 PM Celebrity Feminist Identification Has Reached Peak Meaninglessness
  Slate Plus
Behind the Scenes
Oct. 1 2014 3:24 PM Revelry (and Business) at Mohonk Photos and highlights from Slate’s annual retreat.
  Arts
Brow Beat
Oct. 2 2014 10:36 AM How Bad Will Adam Sandler’s Netflix Movies Be?
  Technology
Future Tense
Oct. 1 2014 6:59 PM EU’s Next Digital Commissioner Thinks Keeping Nude Celeb Photos in the Cloud Is “Stupid”
  Health & Science
Medical Examiner
Oct. 2 2014 9:49 AM In Medicine We Trust Should we worry that so many of the doctors treating Ebola in Africa are missionaries?
  Sports
Sports Nut
Oct. 1 2014 5:19 PM Bunt-a-Palooza! How bad was the Kansas City Royals’ bunt-all-the-time strategy in the American League wild-card game?