From this morning's Washington Times:
As the Supreme Court wrote in Clinton v. City of New York in 1998, "Congress cannot alter the procedures set out in Article I, Section 7, without amending the Constitution." Specifically, the court wrote that no bill could become law unless "(1) a bill containing its exact text was approved by a majority of the Members of the House of Representatives; (2) the Senate approved precisely the same text."
If the courts pronounce the Slaughter Rule unconstitutional, members who voted for it not only will have borne the wrath of angry opponents but will get no credit from the few Americans who did support the bill but then would see no benefits.
On substance alone, Obamacare will be subject to constitutional challenges on at least three fronts, including the unprecedented "mandate" that every individual buy health insurance or face fines or jail time. The way Obamacare is designed, with enough interlocking parts to make even Einstein dizzy, the whole edifice crumbles if the mandate is declared unconstitutional. Politicians who survive this fall's elections would be forced to return to the subject and take even more tough votes cleaning up the mess.
There's no political upside to caving in to Mrs. Pelosi's pressure to pass flawed legislation.
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