Mike Lee: If health care stands, anything goes
Sen. Mike Lee says that if the Supreme Court upholds the Affordable Care Act, Congress’s power would effectively be limitless.
“If this law is upheld as constitutional by the Supreme Court, then there’s virtually nothing that’s beyond Congress’s reach, and I think that would be a horrible, horrible precedent for the country,” the Utah Republican — and former law clerk for Justice Samuel Alito — said in an interview for the POLITICO video series “SCOTUS & Health Care: The Final Countdown.”
Continue ReadingAnd it doesn’t matter if parts of the law are popular, Lee said — because the overall impact would be damaging to the country.
“Oh, look, in any law, you can point to the words ‘but,’ ‘and’ and ‘the’ and say that they’re unobjectionable, but of course we’re not looking at individual words. We’re looking at the effect of the legislation,” Lee said.
“The effect of this legislation is to dramatically expand the size and scope and cost of the federal government into the health care arena, and it does so in a way that’s unprecedented and on a constitutional foundation that is, at best, highly questionable,” he said.
Although Lee supports repeal of the law, he said Republicans should embrace a go-slow approach on any effort to replace the ACA’s popular provisions if they’re struck down by the court. In some cases, he said, insurance companies could fill policy voids, and in others, states could serve as health care laboratories — whether they prefer a single-payer or market-based approach.
“I think it’s very important to remember that states can do things that the federal government can’t do. … Historically, it’s been states that license and regulate health insurance companies. So each state is going to make its own decision,” he said.
“What they do in Massachusetts might be different from what they do in Illinois,” Lee said, adding that even Vermont — where there’s an effort under way to create a single-payer system — should have the right to do what it wants.
“If they want to do that, that’s their prerogative,” Lee said. “That’s not something I would favor, but that’s something they ought to be able to do in Vermont if that’s what they want to do.”
Readers' Comments (40)
Mike's ABSOLUTELY right! ObamaCare is a totalitarian roadmap for the destruction of the free market in health insurance. It's a dictatorial mess of UNconstitutional new rules, regulations, dictates, mandates, taxes, and new, unaccountable bureaucracies!
ObamaCare has NO PLACE in a representative republic of citizens.
Progressives SHOULD be taking the exact same position that this Republican is taking on Obamacare, especially the mandate provision. IF Obamacare SURVIVES it will be virtually impossible to get Single Payer or the Public Option in MOST States, though as the Republican Lee admits, several States are already organizing for Single Payer which WILL drive down costs..Obamacare will ONLY drive UP costs as COST was never considered in the calculations ONLY results.
The Gorilla in the room is the fact that Mit Romney, the ONLY man to have EVER created a Socialist healthcare system is the Republican candidate. Liberals APPEAR as if they CANNOT LOSE in this election, HOWEVER, Barack Obama has proven himself to be a partner with Big Pharma and the Insurance companies at the expense of everyone other then the uninsured (or uninsurable) . Mitt Romney may turn out to be the better progressive choice as Mr Romney is a known compromiser and is eager to work WITH Senate and House democrats to both heal the division of the past AND get some Legislation on the books to ensure his LEGACY. Mr Romney will BREAK the Republican stalemate and work WITH Progressives and democrats on many important and expensive Public Works programs which may help to revitalize both the Public sector and the private. If Obama were relected, republicans could just sit on their hands for four more years and we as a nation could continue to suffer. Mitt may be our guy. Mitt has shown himself willing to work with Democrats, he is a BIG GOVERNMENT sort of leader (see his governorship in Mass) AND he believes in big socialist ideas, Like Romneycare.
Great article! Three cheers for state's rights!
POLITICS IS THE ART OF COMPROMISE. DOES YOUR CONGRESSMAN OR WOMAN KNOW? THE COUNTRY IS BURNING AND THERE ARE VERY FEW FIREFIGHTERS IN CONGRESS TO PUT OUT THE FIRE. YOU CAN DO SOMETHING ABOUT IT—IN UP-COMING ELECTIONS! START A MOVEMENT TO END GRIDLOCK AND CORRUPTION ON CAPITOL HILL, WASHINGTON
In the up-coming elections, and for the foreseeable future, ELECT ONLY PEOPLE WHO ARE PREPARED TO COMPROMISE to get things done for the American people! If there is any pledge a member of Congress should sign and be held accountable for, it is this one! This is an urgent call to a new form of positive political activism on behalf of the American people’s agenda for jobs, growth, clean air, clean water. This is anti-corruption move—for the people who refuse to work with others are not acting out of any principle but almost solely in the interest of those who have put them in their pockets through the use of unlimited dirty money. You can fight back. Start a movement in your own neighborhood. Everyone can do something—for the country and shrinking middle class, for the elderly, students, and all other neglected groups! Stand up to be counted! KNOWTHIS FOR SURE: Politicians are your servants, not your masters!!! And our system of government is called a democracy not because power is in the hands of a few people but all the people!
Utter nonense. Where is the conservative outrage about approval to use domestic spy drones?
ACA will stand.
I think it is hysterical that the republican candidate selected for the GOP by Karl Rove implemented the very mandate that they are all screaming about now.
Mike Lee is a complete nincompoop. This right wing nut thinking will prove extremely hurftul to middle Americans. Meanwhile the rich continue to get richer.
JINGOIST
Party: Conservative
Reply #1
Jun. 20, 2012 - 6:36 AM EST
Mike's ABSOLUTELY right! ObamaCare is a totalitarian roadmap for the destruction of the free market in health insurance. It's a dictatorial mess of UNconstitutional new rules, regulations, dictates, mandates, taxes, and new, unaccountable bureaucracies!
ObamaCare has NO PLACE in a representative republic of citizens.
Politicans have no place in America. We should become a real Democracy.
Thjis guy looks like he and Ralph Reed both Masticate To Excess and Practice Philately Together! If I was a Billy-Goat in Utah I'd know that this guy would be waiting for me in a Rest-Stop MENS Room!!
Thjis guy looks like he and Ralph Reed both Masticate To Excess and Practice Philately Together! If I was a Billy-Goat in Utah I'd know that this guy would be waiting for me in a Rest-Stop MENS Room!!
Mike Lee understands the importance of the constitutional powers of the states. The more authority we cede to the central government, the farther away we push our ability as citizens to make decisions in government. Clearly every state is different, and the feds should give them room to craft policies that work for them. The states are scrambling under this huge law that none of us will ever have the time to even sit down and read. It's about time the Supreme Court steps in and says enough is enough. The American Action Forum has an interesting paper on the regulatory costs of implementing Obamacare: http://bit.ly/tCk0mm check it out
loretta
and if it doesn't please promise me you will move to Iran, Cuba or North Kores
daemert
would very much like to agree with you about becoming a true democracy but unfortunately a true democracy leads to anarchy.
Let s see. These idiots can involve the country in a war and blow trillions killing tens of thousands-Vietnam its a million-but they can t think through an important domestic issue like health care. What exactly are they there for?
Really, MassCare requires ALL AMERICANS to purchase a policy? Dang I'd better contact the NJ State Insurance Comm and figure out how I can get covered UNDER THE MASS LAW..
Fool.
The Gorilla in the room is the fact that Mit Romney, the ONLY man to have EVER created a Socialist healthcare system is the Republican candidate. Liberals APPEAR as if they CANNOT LOSE in this election, HOWEVER, Barack Obama has proven himself to be a partner with Big Pharma and the Insurance companies at the expense of everyone other then the uninsured (or uninsurable) . Mitt Romney may turn out to be the better progressive choice as Mr Romney is a known compromiser and is eager to work WITH Senate and House democrats to both heal the division of the past AND get some Legislation on the books to ensure his LEGACY. Mr Romney will BREAK the Republican stalemate and work WITH Progressives and democrats on many important and expensive Public Works programs which may help to revitalize both the Public sector and the private. If Obama were relected, republicans could just sit on their hands for four more years and we as a nation could continue to suffer. Mitt may be our guy. Mitt has shown himself willing to work with Democrats, he is a BIG GOVERNMENT sort of leader (see his governorship in Mass) AND he believes in big socialist ideas, Like Romneycare.
I bet Utah has many health CARE HEAD QUARTERS
These fools all have government health care. It is not health care reform but health insurance reform. We all have mandates imposed by the federal government, speed limit, federal gas tax, drinking age, voting age,
THESE REPUBLICANS HAVE GOT TO GO! THE REASON WE NEED SOME KIND AFFORDABLE...DID I SAY AFFORDABLE????? YES! AFFORDABLE HEALTH CARE IS THAT RIGHT NOW, MANY OF US CANNOT AFFORD THE HIGH COST OF MEDICINES BECAUSE THE PHARMACEUTICAL INDUSTRY IS GREEDY! WHY DON'T REPUBLICAS DO SOMETHING ABOUT THAT? INSTEAD OF SAYING 'NO' ALL THE TIME, WE ARE AT A STANDSTILL IN THIS COUNTRY.
MY DIABETIC MEDICATION HAD TO BE CHANGED BECAUSE I COULD NOT AFFORD THE ONE PRESCRIBED BY MY DOCTOR! IT COST ME $260.00 A MONTH TO BE ABLE TO STAY HEALTHY!
OF COURSE, MEMBERS OF CONGESS GET THEIR OWN INSURANCE AND COVERAGE PAID FOR BY US...WHY DON'T THEY CHANGE THAT LAW? LET THEM KNOW HOW MANY OF US ARE FOREGOING OUR HEALTH BECAUSE IN THE FABULOUS, OVER TOUTED GOOD OLE USA CAN'T BUDGE ON THE GREED! THEY ARE CORPORATE HOSTS WHO KEEP THIS SYMBIOTIC RELATIONSHIP WITH CORPORATE AMERICA GORGING ON OUR TAX DOLLARS! STOP THE INSANITY, CONGRESSMAN!
REPUBLICANS SUPPORT THE PARTY LINE AND THE PUBLIC SECTOR CAN GO TO HADES AS FAR AS THEY ARE CONCERNED! I AM A PERFECT EXAMPLE OF THE HARM BEING DONE TO PEOPLE LIKE MYSELF WIHOUT AFFORDABLE HEALTH CARE!
AUSTIN, TEXAS
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