To our European colleagues:
Given our Supreme Court, it is not impossible that that a 5-4 decision on the mandate could produce a constitutional death to the reform. But I think it vastly more likely---and hence important---that the Republican House of Representatives will try to use appropriations to make the implementation of the legislation more difficult: a sort of fiscal dieting to weaken the patient.
Ted
-----Original Message-----
From: Anglo-American Health Policy Network [mailto:[log in to unmask]] On Behalf Of Uwe E. Reinhardt
Sent: Friday, November 05, 2010 5:03 PM
To: [log in to unmask]
Subject: Re: Today's spotlight
The idea that the Supreme Courtmight repeal the entire law simply by declaring the manadate uncostitutional should not be ruled out of hand. I am told by savvy people it is not so farfetched as was once believed.
If that happened, we would have arrived at a major teaching moment in American history: the American middle class would discover, over the nex half decade, the storm into which they are sailing inexorably in health care.
As May would put it: "Frog at bottom of well sees only sunshine." So far, for the majority of middle class Americans, the sun is still shining. So far. Under the Status Quo, that would change.
Uwe
________________________________________
From: Anglo-American Health Policy Network [[log in to unmask]] on behalf of Adam Oliver [[log in to unmask]]
Sent: Friday, November 05, 2010 1:31 PM
To: [log in to unmask]
Subject: Today's spotlight
SPOTLIGHT: FORTIFYING THE RESISTANCE
Wins by Republicans in a number of gubernatorial and attorneys general races on Tuesday likely will boost GOP efforts to resist implementation of the federal health reform law. In all, Republicans defeated incumbent Democrats in 11 states, while GOP candidates won races for attorney general in five states. Some health policy experts have said that governors could have more power than Congress to delay or block implementation of certain aspects of the overhaul. Although governors cannot avoid the implementation of most provisions of the reform law, they can limit their states' involvement in some key initiatives, such as the creation of the new state-based insurance exchanges that are intended to extend coverage to more people. Further, although most states are unlikely to opt out completely from efforts to expand Medicaid -- because they would be forced to drop out of the program entirely -- governors could curtail their states' participation in such efforts. Further, newly elected Republican governors and attorneys general in at least five states have expressed their intention to support or join the multistate lawsuit challenging the constitutionality of the law's individual mandate, which could boost participation to more than half the states.
Please access the attached hyperlink for an important electronic communications disclaimer: http://www.lse.ac.uk/collections/planningAndCorporatePolicy/legalandComplianceTeam/legal/disclaimer.htm
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