How the Obamacare Death Panel Defies the Constitution
Peter J. Ferrara / American Thinker
Former Democrat House Speaker Nancy Pelosi famously said about the Affordable Care Act (ACA), i.e. ObamaCare, “We have to pass the bill so that you can find out what is in it.” That has turned out to be so true. We did have to pass it to find out that what Sarah Palin said about it was right after all.
The Death Panel in Obamacare is named the Independent Payment Advisory Board (IPAB). What the law says about the powers of IPAB is horrific, worthy of a Third World, authoritarian autocracy, rather than the world’s leading democratic republic.
The Goldwater Institute, a free market think tank in Phoenix, Arizona, is suing to have IPAB declared unconstitutional. Last November 5, they filed a Petition for a Writ of Certiorari asking the Supreme Court to hear the case. On December 10, the American Civil Rights Union (ACRU), for which I serve as General Counsel, filed a brief in their support.
In the ACRU brief, I stated that,
“The so-called Independent Payment Advisory Board (IPAB), established by the Patient Protection and Affordable Care Act (“ACA” or “Obamacare”), involves the most comprehensive assault on the fundamental constitutional doctrine of Separation of Powers in the history of American law. The ACA, by its express terms, purports to exempt IPAB from any legislative, judicial, and even executive branch oversight. That makes IPAB the most authoritarian and anti-democratic institution in the history of American law, since slavery.”
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