While President Obama licks his wounds after a stinging defeat for his health care scheme, Republicans must avoid being lulled into complacency. The GOP should move with haste to dismantle the legislation, capitalizing on the momentum from the district court opinion.
In the event you have been locked in your basement, a federal judge in Florida dealt a mortal blow to the President's ill fated health care overhaul, declaring it unconstitutional. That means the law cannot be implemented unless the court's decision is overturned or the Obama government obtains an injunction.
The decision was the second court ruling to go against the President. Two other district court judges sided with the administration, rejecting challenges aimed at overturning the law's provision that mandates every American obtain health care coverage.
However, this latest ruling trumps the other decisions because it strikes down the law on the basis of constitutionality. It is a devastating blow to the President, who had hoped to be able to withstand Republican efforts aimed at undoing his dream.
Expect the President and his willing accomplices in the Senate and the media to mount a desperate full court press to save Obama Care. They will trot out doctors and patients who will vouch that the end of health care reform will led to greedy insurance companies denying coverage to millions of Americans.
In addition, Harry Reid and his minions in the Senate will try to use hearings to showcase the reasons for keeping health reform. For his part, the President will employ executive fiat to institutionalize the most popular features of health reform in an attempt to force Republicans to "take away" benefits from Americans.
Amidst this political maneuvering, the always unreliable media will ignore a larger issue that could doom health care reform and further embolden Republicans. It goes to the heart of the health care debate.
In recent weeks, the Congressional Budget Office said repealing Obama Care would increase the deficit by $230 billion over the coming decade. The President and his party of "No Spending Is Too Good To Pass Up" bandied the CBO numbers, which were dutifully reported by the compliant media.
However, no media coverage has been accorded a contrary view, issued by three former CBO executives, Douglas Holtz-Eakin, Joseph Antos and James C. Capretta. The trio accused the CBO of arriving at its numbers by using "budget gimmicks, deceptive accounting and implausible assumptions."
In fact, they went further, predicting about 15 percent of the nation's hospitals would stop seeing Medicare patients in just a few years as a result of the law's implementation. As more provisions of Obama Care are unfurled, the health care system would face mounting solvency issues, according to the former execs' forecast.
With the latest federal court ruling and the exposure of the CBO's bogus accounting, Republicans should unleash an expanded effort to gut Obama Care.
On tap first should be the introduction of legislation in the Senate to rescind Obama Care. Republicans should resort to whatever procedural tactics are needed to force a recalcitrant Reid to allow a vote on the measure.
Then the Republicans need to demand that the Attorney General enforce the federal judge's ruling, preventing the Health and Human Services Department from implementing any provisions of the reform.
If the Attorney General refuses, then Republicans must demand his resignation and call on the President to obey the law and abide by the constitution. This would force a constitutional crisis, leaving the president few options. Of course, Obama could hope the U.S. Supreme Court would side with the administration, but he knows that outcome is remote.
Republicans beware. Americans are watching. Now is the time to end the facade of Obama's health care reform by assigning it to the trash bin of history.