Key Obamacare challenge, postponed


For those who care about the structural integrity of our Constitution, the single most outrageous feature of Obamacare is its Independent Payment Advisory Board (IPAB). It is a body which probably will have the effect of a rationing board, approving or disapproving treatments in the aggregate for various ailments, rather than allowing doctors to personalize some treatments for some patients — all in the name of cost control. As I’ve explained elsewhere (please do follow the link), IPAB by its terms will be able to take action that effectively is unreviewable by Congress, without the usual regulatory “notice” requirements — and then, supposedly, will not even be repealable as a body except in one two-month period. If not repealed then, the board will be permanent. At least that’s what the law says. It is outrageous.

Hence, a lawsuit led by the Goldwater Institute, challenging the constitutionality of IPAB.

Alas, the original, conservative-leaning three-judge appeals-court panel was replaced, supposedly because of a scheduling glitch, by a left-leaning panel.

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