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.

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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.

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David Weigel is a Slate political reporter.