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[[File:ObamaCareSymbol.jpg|thumb|right|150px|Image courtesy [[Newsbusters]].]]

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'''~~ObamaCare~~''', formally known as "'''The Patient Protection and Affordable Care Act'''," will impose massive penalties on young workers, small businesses and others who choose not to buy expensive health insurance, beginning in 2014. ~~ObamaCare~~ is the biggest handout by [[liberals]] to a single interest group — the health insurance industry — in [[America]]n history. Even a [[Democrat]] Senator recently admitted: ~~ObamaCare~~ "cost [[Obama]] a lot of credibility as a leader."<ref>http://thehill.com/blogs/healthwatch/politics-elections/222259-sen-webb-says-president-obamas-health-law-cost-him-a-lot-of-credibility-as-a-leader</ref> On June 28, 2012, the [[Supreme Court of the United States]] upheld the constitutionality of ~~ObamaCare~~ — by only one vote, 5-4 — as being within the taxing power of the federal government. Since then, leading Democrats have described ~~ObamaCare~~ as a "train wreck," and [[union]]s increasingly agree with [[conservatives]] that Obamacare should be repealed.<ref>http://thehill.com/business-a-lobbying/300881-labor-unions-break-ranks-on-health-law</ref>

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'''Obamacare''', formally known as "'''The Patient Protection and Affordable Care Act'''," will impose massive penalties on young workers, small businesses and others who choose not to buy expensive health insurance, beginning in 2014. Obamacare is the biggest handout by [[liberals]] to a single interest group — the health insurance industry — in [[America]]n history. Even a [[Democrat]] Senator recently admitted: Obamacare "cost [[Obama]] a lot of credibility as a leader."<ref>http://thehill.com/blogs/healthwatch/politics-elections/222259-sen-webb-says-president-obamas-health-law-cost-him-a-lot-of-credibility-as-a-leader</ref> On June 28, 2012, the [[Supreme Court of the United States]] upheld the constitutionality of Obamacare — by only one vote, 5-4 — as being within the taxing power of the federal government. Since then, leading Democrats have described Obamacare as a "train wreck," and [[union]]s increasingly agree with [[conservatives]] that Obamacare should be repealed.<ref>http://thehill.com/business-a-lobbying/300881-labor-unions-break-ranks-on-health-law</ref>

The [[Association of American Physicians and Surgeons]] (AAPS) pointed out that there are no redeeming provisions of Obama's health care plan.<ref>http://www.aapsonline.org/newsoftheday/00377</ref> AAPS observes that Obama's health care plan will significantly increase the overall cost of health care for a majority of United States citizens, plus reduce the quality of care that a [[free market]] system would otherwise provide.<ref>http://www.aapsonline.org/newsoftheday/00377</ref>

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Obamacare will soon cause havoc and harm to tens of millions of Americans: 28 million Americans will be caught in a "massive game of health coverage pingpong" due to ~~[[ObamaCare]]~~.<ref>http://www.latimes.com/news/local/la-me-medi-cal-churn-20130520,0,5572821.story</ref>

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Obamacare will soon cause havoc and harm to tens of millions of Americans: 28 million Americans will be caught in a "massive game of health coverage pingpong" due to Obamacare.<ref>http://www.latimes.com/news/local/la-me-medi-cal-churn-20130520,0,5572821.story</ref>

__TOC__

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[[File:Jane orient.jpg|right|200px|thumbnail|Dr. Jane Orient, Director of the [[Association of American Physicians and Surgeons]] (AAPS). The [[conservative]] doctors' association the AAPS has always been against ~~ObamaCare~~ while the liberal [[American Medical Association]] endorsed it.<ref>[http://www.aapsonline.org/index.php/article/the_right_not_to_work_for_obamacare/ The right not to work for ~~ObamaCare~~]</ref><ref>[http://www.theblaze.com/contributions/why-the-ama-endorses-obamacare-but-your-doctor-does-not/ Why the AMA endorses ~~ObamaCare~~]</ref> ]]

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[[File:Jane orient.jpg|right|200px|thumbnail|Dr. Jane Orient, Director of the [[Association of American Physicians and Surgeons]] (AAPS). The [[conservative]] doctors' association the AAPS has always been against Obamacare while the liberal [[American Medical Association]] endorsed it.<ref>[http://www.aapsonline.org/index.php/article/the_right_not_to_work_for_obamacare/ The right not to work for Obamacare]</ref><ref>[http://www.theblaze.com/contributions/why-the-ama-endorses-obamacare-but-your-doctor-does-not/ Why the AMA endorses Obamacare]</ref> ]]

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~~ObamaCare~~ is opposed by many state governors, including [[Florida]] Governor [[Rick Scott]]. He declared after the Supreme Court ruling, "I will not implement this law. Florida will not implement Obamacare." Scott encouraged other states to reject ~~ObamaCare~~ in three ways:

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Obamacare is opposed by many state governors, including [[Florida]] Governor [[Rick Scott]]. He declared after the Supreme Court ruling, "I will not implement this law. Florida will not implement Obamacare." Scott encouraged other states to reject Obamacare in three ways:

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*opt out of the expensive Medicaid provision in ~~ObamaCare~~, which would incur massive costs in extending free care to those over the poverty line

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*opt out of the expensive Medicaid provision in Obamacare, which would incur massive costs in extending free care to those over the poverty line

*refuse to set up a [[health-insurance exchange]] - "If there were any value added by these exchanges, the private sector would be doing it already," Governor Scott observed

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*repeal ~~ObamaCare~~ in Congress, which requires electing a [[Republican]] majority in the [[U.S. Senate]]

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*repeal Obamacare in Congress, which requires electing a [[Republican]] majority in the [[U.S. Senate]]

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~~ObamaCare~~ was passed by [[Congress]] on March 21, 2010, and signed into federal law by President [[Barack Obama]] on March 23. This law furthers the process of [[Socialism|socializing]] the [[United States]] [[health care]] system begun with [[Medicare]].<ref>Epic [[Direct_spending#New_spending|new spending]] and taxes, pricier insurance, rationed care, dishonest accounting: The Pelosi health bill has it all. [http://online.wsj.com/article/SB10001424052748703399204574505423751140690.html Nancy Pelosi's New Health-Care Bill], ''[[The Wall Street Journal]]'', November 01, 2009.</ref><ref>[[President Obama]], Senate Majority Leader [[Harry Reid]] and House Speaker [[Nancy Pelosi]] rammed ~~ObamaCare~~ down the throats of an unwilling American public. Half a year removed from the unprecedented legislative chicanery and backroom dealing that characterized the bill's passage, much more is known about the bill than when it was passed into law. [http://www.washingtonexaminer.com/opinion/Obamacare-is-even-worse-than-critics-thought-960772-103571664.html Examiner Editorial: ~~ObamaCare~~ is even worse than critics thought], ''Washington Examiner'', September 22, 2010.</ref> The centerpiece of ~~ObamaCare~~ is the individual mandate, a provision that makes it mandatory for every citizen to purchase private health insurance, which is unprecedented in American history. Through legislative mandates, ~~ObamaCare~~ requires private citizens to purchase health insurance, involuntarily fund [[abortion]]s, and pay for sex offenders to use Viagra under the threat of legal sanctions if they do not. The new law imposes penalties that will increase to 2.5% of one's income if he fails to purchase government-approved health insurance.

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Obamacare was passed by [[Congress]] on March 21, 2010, and signed into federal law by President [[Barack Obama]] on March 23. This law furthers the process of [[Socialism|socializing]] the [[United States]] [[health care]] system begun with [[Medicare]].<ref>Epic [[Direct_spending#New_spending|new spending]] and taxes, pricier insurance, rationed care, dishonest accounting: The Pelosi health bill has it all. [http://online.wsj.com/article/SB10001424052748703399204574505423751140690.html Nancy Pelosi's New Health-Care Bill], ''[[The Wall Street Journal]]'', November 01, 2009.</ref><ref>[[President Obama]], Senate Majority Leader [[Harry Reid]] and House Speaker [[Nancy Pelosi]] rammed Obamacare down the throats of an unwilling American public. Half a year removed from the unprecedented legislative chicanery and backroom dealing that characterized the bill's passage, much more is known about the bill than when it was passed into law. [http://www.washingtonexaminer.com/opinion/Obamacare-is-even-worse-than-critics-thought-960772-103571664.html Examiner Editorial: Obamacare is even worse than critics thought], ''Washington Examiner'', September 22, 2010.</ref> The centerpiece of Obamacare is the individual mandate, a provision that makes it mandatory for every citizen to purchase private health insurance, which is unprecedented in American history. Through legislative mandates, Obamacare requires private citizens to purchase health insurance, involuntarily fund [[abortion]]s, and pay for sex offenders to use Viagra under the threat of legal sanctions if they do not. The new law imposes penalties that will increase to 2.5% of one's income if he fails to purchase government-approved health insurance.

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On June 28, 2012, the Supreme Court voted 5–4 that, while Obamacare exceeded Congress’s authority under the commerce clause, the law was a permissible tax under the Constitution. <ref>[http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf]</ref>. The constitutionality of Obamacare was originally challenged under the theory that it exceeded the limitations of the commerce clause; more than 20 federal lawsuits have been filed against ~~ObamaCare~~ since President Barack Obama signed it into law.<ref>By Janet Adamy and Evan Perez. [http://online.wsj.com/article/SB10001424052748704058704576015631138296112.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsForth Federal Judge to Rule on Health Law's Constitutionality], WSJ.com, December 13, 2010.</ref><ref>By Rep. [[Lamar Smith]]. [http://www.foxnews.com/opinion/2011/01/19/rep-lamar-smith-voting-repeal-new-health-care-law/ REP. LAMAR SMITH: Why I Am Voting to Repeal the New Health Care Law], ''[[Fox News]]'' (FoxNews.com), Published January 19, 2011.</ref> In total, 27 states have started or joined in a lawsuit against Obamacare.<ref>Brandon Stewart. [http://blog.heritage.org/2011/01/17/list-of-states-suing-over-obamacare/ List of 27 States Suing Over ~~ObamaCare~~], heritage.org, January 17, 2011.</ref> A federal judge ruled on 13 December 2010 that a central component of ~~ObamaCare~~, the requirement that most Americans carry insurance or pay a penalty, violates the Constitution. U.S. District Judge Henry E. Hudson is quoted as saying the law "exceeds the constitutional boundaries of congressional power."<ref name=unconstitutional>Judge Rules Mandatory Insurance Unconstitutional; First Round of Long Battle. [http://online.wsj.com/article/SB10001424052748703727804576017552229615230.html?mod=WSJ_hp_LEADNewsCollection Court Strikes at Health Law], By Janet Adamy (WSJ.com), December 14, 2010.</ref> Then on 31 January 2011 federal judge Roger Vinson ruled that as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be declared void.<ref>[http://www.foxnews.com/politics/2011/01/31/judges-ruling-health-care-lawsuit-shift-momentum-coverage-debate/ Judge Rules Health Care Law Is Unconstitutional], [[Fox News|FoxNews.com]], Published January 31, 2011.</ref><ref>[[Rush Limbaugh]]. [http://www.rushlimbaugh.com/content/home/daily/site_020111/content/01125106.guest.html Obamacare Ruled Unconstitutional, But Fight for Repeal Must Continue], RushLimbaugh.com, February 1, 2011.</ref> The U.S. district judge declared ~~ObamaCare~~ unconstitutional because it violates the [[Commerce Clause]]. In a footnote attached to the ruling, federal judge Roger Vinson cited Barack Obama's position in 2008 from an interview with [[CNN]], when Obama stated that, "If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house."<ref>Stephen Dinan. [http://www.washingtontimes.com/news/2011/jan/31/judge-uses-obamas-words-against-him/ Judge uses Obama’s words against him], ''[[The Washington Times]]'', January 31, 2011.</ref>

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On June 28, 2012, the Supreme Court voted 5–4 that, while Obamacare exceeded Congress’s authority under the commerce clause, the law was a permissible tax under the Constitution. <ref>[http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf]</ref>. The constitutionality of Obamacare was originally challenged under the theory that it exceeded the limitations of the commerce clause; more than 20 federal lawsuits have been filed against Obamacare since President Barack Obama signed it into law.<ref>By Janet Adamy and Evan Perez. [http://online.wsj.com/article/SB10001424052748704058704576015631138296112.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsForth Federal Judge to Rule on Health Law's Constitutionality], WSJ.com, December 13, 2010.</ref><ref>By Rep. [[Lamar Smith]]. [http://www.foxnews.com/opinion/2011/01/19/rep-lamar-smith-voting-repeal-new-health-care-law/ REP. LAMAR SMITH: Why I Am Voting to Repeal the New Health Care Law], ''[[Fox News]]'' (FoxNews.com), Published January 19, 2011.</ref> In total, 27 states have started or joined in a lawsuit against Obamacare.<ref>Brandon Stewart. [http://blog.heritage.org/2011/01/17/list-of-states-suing-over-obamacare/ List of 27 States Suing Over Obamacare], heritage.org, January 17, 2011.</ref> A federal judge ruled on 13 December 2010 that a central component of Obamacare, the requirement that most Americans carry insurance or pay a penalty, violates the Constitution. U.S. District Judge Henry E. Hudson is quoted as saying the law "exceeds the constitutional boundaries of congressional power."<ref name=unconstitutional>Judge Rules Mandatory Insurance Unconstitutional; First Round of Long Battle. [http://online.wsj.com/article/SB10001424052748703727804576017552229615230.html?mod=WSJ_hp_LEADNewsCollection Court Strikes at Health Law], By Janet Adamy (WSJ.com), December 14, 2010.</ref> Then on 31 January 2011 federal judge Roger Vinson ruled that as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be declared void.<ref>[http://www.foxnews.com/politics/2011/01/31/judges-ruling-health-care-lawsuit-shift-momentum-coverage-debate/ Judge Rules Health Care Law Is Unconstitutional], [[Fox News|FoxNews.com]], Published January 31, 2011.</ref><ref>[[Rush Limbaugh]]. [http://www.rushlimbaugh.com/content/home/daily/site_020111/content/01125106.guest.html Obamacare Ruled Unconstitutional, But Fight for Repeal Must Continue], RushLimbaugh.com, February 1, 2011.</ref> The U.S. district judge declared Obamacare unconstitutional because it violates the [[Commerce Clause]]. In a footnote attached to the ruling, federal judge Roger Vinson cited Barack Obama's position in 2008 from an interview with [[CNN]], when Obama stated that, "If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house."<ref>Stephen Dinan. [http://www.washingtontimes.com/news/2011/jan/31/judge-uses-obamas-words-against-him/ Judge uses Obama’s words against him], ''[[The Washington Times]]'', January 31, 2011.</ref>

The [[Congressional Budget Office]] (CBO) estimates the invasive revenue generating device could produce as much as $36 billion over ten years.<ref>[http://allnurses-central.com/world-news-current/proposed-senate-plan-405168.html Proposed Senate Plan Would Involve IRS in Collecting Fines from Non-participants], ALLNURSES CENTRAL, Jul 03, 2009.</ref> The fines are euphemistically dubbed "shared responsibility payments."<ref>http://www.unitedliberty.org/articles/cbo-reports-entitlements-and-shared-responsibility</ref> Employers would be required to deduct the penalties from employees' paychecks.<ref>http://www.aapsonline.org/newsoftheday/00421</ref> The State of [[Massachusetts]] has had a similar program in place for several years, and many have elected to pay the penalties rather than purchase insurance, and many remain uninsured.<ref>http://www.aapsonline.org/newsoftheday/00421</ref>

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~~ObamaCare~~ will do more than detrimentally impact healthcare accessibility. According to the [[Heritage Foundation]], Obama is intentionally sacrificing millions of jobs, at a time when unemployment is around 10%, with the Medicare surtax without any objective exception of increases in revenues.<ref>http://www.heritage.org/Research/Reports/2010/03/Obamas-Capital-Gains-Tax-Hike-Unlikely-to-Increase-Revenues</ref> ~~ObamaCare~~ will cost 650,000 U.S. jobs if it is not repealed. The Congressional Budget Office says the figure would be more than 800,000 people would lose their jobs. <ref>[http://www.weeklystandard.com/blogs/cbo-director-says-obamacare-would-reduce-employment-800000-workers_547288.html CBO Director Says Obamacare Would Reduce Employment by 800,000 Workers, Weekly Standard, February 10, 2011]</ref>

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Obamacare will do more than detrimentally impact healthcare accessibility. According to the [[Heritage Foundation]], Obama is intentionally sacrificing millions of jobs, at a time when unemployment is around 10%, with the Medicare surtax without any objective exception of increases in revenues.<ref>http://www.heritage.org/Research/Reports/2010/03/Obamas-Capital-Gains-Tax-Hike-Unlikely-to-Increase-Revenues</ref> Obamacare will cost 650,000 U.S. jobs if it is not repealed. The Congressional Budget Office says the figure would be more than 800,000 people would lose their jobs. <ref>[http://www.weeklystandard.com/blogs/cbo-director-says-obamacare-would-reduce-employment-800000-workers_547288.html CBO Director Says Obamacare Would Reduce Employment by 800,000 Workers, Weekly Standard, February 10, 2011]</ref>

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On January 19, 2011, the [[U.S. House of Representatives]] voted 245-189 to repeal ~~ObamaCare~~ (56 percent to 44 percent). In an historic repudiation of an entitlement program that was only 10 months old, the House voted to overturn President Obama's health care takeover.<ref>[http://www.foxnews.com/politics/2011/01/19/house-poised-vote-health-law-repeal/ House Republicans Vote to Overturn ~~ObamaCare~~ in Symbolic Move], [[Fox News|FoxNews.com]], Published January 19, 2011.</ref><ref>An historic repudiation of an entitlement that is only 10 months old. ''[[Wall Street Journal]]'', Review & Outlook: [http://online.wsj.com/article/SB10001424052748704590704576091973130244618.html The Repeal Vote], January 20, 2011.</ref> Repealing the bill would eliminate $770 billion in the newly mandated tax increases, according to the CBO.<ref>Philip Klein. [http://spectator.org/blog/2011/01/07/breaking-cbo-says-repealing-ob CBO Says Repealing ~~ObamaCare~~ Would Reduce Net Spending by $540 Billion], ''The American Spectator'', January 07, 2011.</ref> The CBO released accounting data which shows that repealing the national health care law would reduce net government spending by $540 billion in the ten year period from 2012 through 2021; that number represents the cost of the new provisions, minus [[Medicare]] cuts. The [[Tea Party Movement]] firmly supports the proposed repeal of ~~ObamaCare~~.

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On January 19, 2011, the [[U.S. House of Representatives]] voted 245-189 to repeal Obamacare (56 percent to 44 percent). In an historic repudiation of an entitlement program that was only 10 months old, the House voted to overturn President Obama's health care takeover.<ref>[http://www.foxnews.com/politics/2011/01/19/house-poised-vote-health-law-repeal/ House Republicans Vote to Overturn Obamacare in Symbolic Move], [[Fox News|FoxNews.com]], Published January 19, 2011.</ref><ref>An historic repudiation of an entitlement that is only 10 months old. ''[[Wall Street Journal]]'', Review & Outlook: [http://online.wsj.com/article/SB10001424052748704590704576091973130244618.html The Repeal Vote], January 20, 2011.</ref> Repealing the bill would eliminate $770 billion in the newly mandated tax increases, according to the CBO.<ref>Philip Klein. [http://spectator.org/blog/2011/01/07/breaking-cbo-says-repealing-ob CBO Says Repealing Obamacare Would Reduce Net Spending by $540 Billion], ''The American Spectator'', January 07, 2011.</ref> The CBO released accounting data which shows that repealing the national health care law would reduce net government spending by $540 billion in the ten year period from 2012 through 2021; that number represents the cost of the new provisions, minus [[Medicare]] cuts. The [[Tea Party Movement]] firmly supports the proposed repeal of Obamacare.

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On February 2, 2011, the [[U.S. Senate]] proceeded with a hearing to discuss the Patient Protection and Affordable Care Act and whether or not the individual mandate requiring Americans to purchase health insurance under penalty of a fine is constitutional.<ref>Amanda Carey. [http://dailycaller.com/2011/02/03/senate-hearing-on-health-care-bills-constitutionality-had-more-show-than-substance/ Senate hearing on health care bill’s constitutionality had more show than substance], ''The Daily Caller'', February 03, 2011.</ref> The amendment to repeal ~~ObamaCare~~ failed in the Senate by a 51-47 vote.<ref>[[Michelle Malkin]]. [http://michellemalkin.com/2011/02/02/undoing-obamacare-senate-repeal-fails-47-51-on-party-line-vote-1099-provision-killed-83-17/ Undoing Obamacare: Senate repeal fails 47-51 on party-line vote; 1099 provision killed 83-17], MichelleMalkin.com, February 2, 2011.</ref>

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On February 2, 2011, the [[U.S. Senate]] proceeded with a hearing to discuss the Patient Protection and Affordable Care Act and whether or not the individual mandate requiring Americans to purchase health insurance under penalty of a fine is constitutional.<ref>Amanda Carey. [http://dailycaller.com/2011/02/03/senate-hearing-on-health-care-bills-constitutionality-had-more-show-than-substance/ Senate hearing on health care bill’s constitutionality had more show than substance], ''The Daily Caller'', February 03, 2011.</ref> The amendment to repeal Obamacare failed in the Senate by a 51-47 vote.<ref>[[Michelle Malkin]]. [http://michellemalkin.com/2011/02/02/undoing-obamacare-senate-repeal-fails-47-51-on-party-line-vote-1099-provision-killed-83-17/ Undoing Obamacare: Senate repeal fails 47-51 on party-line vote; 1099 provision killed 83-17], MichelleMalkin.com, February 2, 2011.</ref>

==2009-2010 Bill History==

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=== Medicaid ===

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~~ObamaCare~~ expands Medicaid (medical care for the poor) to everyone (under the Medicare age of 65) who has income less than 133% the federal poverty level. States must pay this enormous new burden, but federal government promises to reimburse costs of newly eligible patients under this program from 2014 to 2016.

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Obamacare expands Medicaid (medical care for the poor) to everyone (under the Medicare age of 65) who has income less than 133% the federal poverty level. States must pay this enormous new burden, but federal government promises to reimburse costs of newly eligible patients under this program from 2014 to 2016.

=== New Bureaucracy ===

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== Basis for Legal Challenges ==

===Commerce Clause===

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There have been several grounds for challenging the Cosntitutionality of the bill. ~~ObamaCare~~ includes an "individual responsibility requirement" compelling persons to buy health insurance or pay a penalty. The one legal justification for this requirement by Congress is the [[Commerce Clause]]:

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There have been several grounds for challenging the Cosntitutionality of the bill. Obamacare includes an "individual responsibility requirement" compelling persons to buy health insurance or pay a penalty. The one legal justification for this requirement by Congress is the [[Commerce Clause]]:

{{cquote|The individual responsibility requirement provided for in this section ... is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2). ... [Paragraph (2) states,] The requirement regulates activity that is commercial and economic in nature: economic and financial decisions about how and when health care is paid for, and when health insurance is purchased.}}

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{{cquote|The word "commerce" appeared nowhere. Instead, the personal mandate is dubbed an "Excise Tax on Individuals Without Essential Health Benefits Coverage." But while the enacted bill does impose excise taxes on "high cost," employer-sponsored insurance plans and "indoor tanning services," the statute never describes the regulatory "penalty" it imposes for violating the mandate as an "excise tax." It is expressly called a "penalty."}}

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Professor Barnett then explained that in ''Bailey v. Drexel Furniture'' (1922), "the Supreme Court struck down such a penalty saying, 'there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.'" A subsequent Supreme Court decision, ''U.S. v. Kahriger'' (1953), upheld a punitive tax on gambling based on an express statement in the law that Congress was exercising its power to tax. No such statement exists in ~~ObamaCare~~. ''See also Sonzinsky v. U.S.'' (1937) ("Inquiry into the hidden motives which may move Congress to exercise a power constitutionally conferred upon it is beyond the competency of courts."). Professor Barnett noted that the penalty is not enforced as a tax in a customary manner, providing further evidence that ~~ObamaCare~~ is based on the Commerce Clause and not on any taxing authority.

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Professor Barnett then explained that in ''Bailey v. Drexel Furniture'' (1922), "the Supreme Court struck down such a penalty saying, 'there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.'" A subsequent Supreme Court decision, ''U.S. v. Kahriger'' (1953), upheld a punitive tax on gambling based on an express statement in the law that Congress was exercising its power to tax. No such statement exists in Obamacare. ''See also Sonzinsky v. U.S.'' (1937) ("Inquiry into the hidden motives which may move Congress to exercise a power constitutionally conferred upon it is beyond the competency of courts."). Professor Barnett noted that the penalty is not enforced as a tax in a customary manner, providing further evidence that Obamacare is based on the Commerce Clause and not on any taxing authority.

Requiring Americans to buy insurance "would invite unbridled exercise of federal police powers," wrote Judge Hudson, a George W. Bush appointee in the Eastern District of Virginia. The federal judge also wrote:

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It has also been pointed out that because the penalty applies to inactivity, it is beyond the powers authorized by the [[Sixteenth Amendment]].

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Since the [[federal]] judge decided the entire healthcare reform bill law was unconstitutional, states such as Alaska have decided not to implement the mandated reforms. <ref>[http://www.foxnews.com/politics/2011/02/17/alaska-governor-refuses-enact-obamacare/?test=latestnews Alaska Governor Refuses to Enact '~~ObamaCare~~', Fox News, February 17, 2011]</ref> This prompted Obama's Justice Department to appeal to Judge Vinson by claiming that states cannot ignore the new health care law while his ruling is being appealed.

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Since the [[federal]] judge decided the entire healthcare reform bill law was unconstitutional, states such as Alaska have decided not to implement the mandated reforms. <ref>[http://www.foxnews.com/politics/2011/02/17/alaska-governor-refuses-enact-obamacare/?test=latestnews Alaska Governor Refuses to Enact 'Obamacare', Fox News, February 17, 2011]</ref> This prompted Obama's Justice Department to appeal to Judge Vinson by claiming that states cannot ignore the new health care law while his ruling is being appealed.

===Origination Clause===

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On September 17, 2009, Congressman Charlie Rangel introduced a bill in the House, H.R. 3590, the "Service Members Home Ownership Tax Act of 2009," whose purpose was "to amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees." The bill passed the House on October 8 by a 416-0 vote.

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On November 19, Harry Reid introduced his own version of H.R. 3590 in the Senate. He took the bill that had been unanimously passed by the House, renamed it the "Patient Protection and Affordable Care Act," deleted all its contents after the first sentence, and replaced it with totally different content. ~~What~~ followed was the first pass of the Senate version of ~~ObamaCare~~.<ref>[http://www.breitbart.com/Big-Government/2012/06/29/Justice-Roberts Justice Roberts Turns Obamacare into Origination Clause Shell Game] Breitbart. Leahy, Michael P.</ref>

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On November 19, Harry Reid introduced his own version of H.R. 3590 in the Senate. He took the bill that had been unanimously passed by the House, renamed it the "Patient Protection and Affordable Care Act," deleted all its contents after the first sentence, and replaced it with totally different content. What followed was the first pass of the Senate version of Obamacare.<ref>[http://www.breitbart.com/Big-Government/2012/06/29/Justice-Roberts Justice Roberts Turns Obamacare into Origination Clause Shell Game] Breitbart. Leahy, Michael P.</ref>

Thus, the only portion of Obamacare to originate in the House was its number, hardly in line with the Origination Clause. However, Congress frequently uses this same practice for many years, and if the Supreme Court were to overturn the law based on the Origination Clause, a large number of other laws would be open to court challenge as well.

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==Rationed Care==

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Doctors have said they anticipate more people waiting in the waiting-rooms, more phone calls, people upset because they want to be seen now. Doctors will be overbooked. As the health care system brings in more and more patients, the system will be overwhelmed. ~~ObamaCare~~ will be a tremendous burden for doctors in the United States.

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Doctors have said they anticipate more people waiting in the waiting-rooms, more phone calls, people upset because they want to be seen now. Doctors will be overbooked. As the health care system brings in more and more patients, the system will be overwhelmed. Obamacare will be a tremendous burden for doctors in the United States.

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~~ObamaCare~~ will shorten the amount of time Doctors have with each patient, and lengthen the amount of time patients will have to wait. Dr. Sreedhar Potarazu said that the current bill passed into law will create a scenario where the supply cannot meet the demand. Because the necessary health care reform needs are not included in ~~ObamaCare~~, there are still no protections for physicians in the medical industry, and doctors are going into the profession to work harder to earn less.

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Obamacare will shorten the amount of time Doctors have with each patient, and lengthen the amount of time patients will have to wait. Dr. Sreedhar Potarazu said that the current bill passed into law will create a scenario where the supply cannot meet the demand. Because the necessary health care reform needs are not included in Obamacare, there are still no protections for physicians in the medical industry, and doctors are going into the profession to work harder to earn less.

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There will be an oversight board where the government looks at what should and shouldn't be given to patients, regardless of medical need. There is going to be rationing of care, according to Dr. Sreedhar Potarazu. Doctors have agreed there will be "rationed care" under ~~ObamaCare~~.<ref>[http://beta.video.foxbusiness.com/v/4115101/doctors-respond-to-health-care-reform/?playlist_id=87185 Doctors Respond to Health-Care Reform], FoxBusiness.com, March 18, 2010.</ref>

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There will be an oversight board where the government looks at what should and shouldn't be given to patients, regardless of medical need. There is going to be rationing of care, according to Dr. Sreedhar Potarazu. Doctors have agreed there will be "rationed care" under Obamacare.<ref>[http://beta.video.foxbusiness.com/v/4115101/doctors-respond-to-health-care-reform/?playlist_id=87185 Doctors Respond to Health-Care Reform], FoxBusiness.com, March 18, 2010.</ref>

==Disinformation==

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If private citizens have disagreements, discussions, and dissections of ~~ObamaCare~~, the proposed expansion of federal debt and deficits through its planned regulation of the healthcare industry, whether its communicated through e-mail, websites, blogs, or even casual conversation the Obama administration has asked that these people be reported to the executive branch of the federal government.<ref>McCullough, K. (2009, August 6). [http://townhall.com/columnists/KevinMcCullough/2009/08/06/welcome_to_gestapo-care Welcome to Gestapo-Care]. ''TownHall.com''.</ref> To counter any discussions related to the repeal of ~~ObamaCare~~, or that are against the implementation of ~~ObamaCare~~ which will in turn destroy jobs and create more taxpayer debt, a Web page at whitehouse.gov entitled "Reality Check" has claimed that the president's program "would be fully paid for over 10 years, and it would not add one penny to the deficit."<ref>[http://www.whitehouse.gov/realitycheck/faq Frequently Asked Questions About Health Insurance Reform]. Health Insurance Reform Reality Check. ''WhiteHouse.gov''.</ref>

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If private citizens have disagreements, discussions, and dissections of Obamacare, the proposed expansion of federal debt and deficits through its planned regulation of the healthcare industry, whether its communicated through e-mail, websites, blogs, or even casual conversation the Obama administration has asked that these people be reported to the executive branch of the federal government.<ref>McCullough, K. (2009, August 6). [http://townhall.com/columnists/KevinMcCullough/2009/08/06/welcome_to_gestapo-care Welcome to Gestapo-Care]. ''TownHall.com''.</ref> To counter any discussions related to the repeal of Obamacare, or that are against the implementation of Obamacare which will in turn destroy jobs and create more taxpayer debt, a Web page at whitehouse.gov entitled "Reality Check" has claimed that the president's program "would be fully paid for over 10 years, and it would not add one penny to the deficit."<ref>[http://www.whitehouse.gov/realitycheck/faq Frequently Asked Questions About Health Insurance Reform]. Health Insurance Reform Reality Check. ''WhiteHouse.gov''.</ref>

The [[CBO]] is mandated to prepare cost estimates and to show how individual legislative proposals would change spending or revenue levels under current law.<ref>[ http://www.cbo.gov/aboutcbo/budgetprocess.shtml Overview]. ''Congressional Budget Office''.</ref> A July 15 2009 letter from the CBO made this assessment,

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===Two-Tier Health Care System===

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Socialist regimes reveal their true nature by the special treatment they give to their permanent ruling class; they deny such treatment for ordinary citizens of their country. The worst corruption in socialist regimes flows from that simple two-caste system. Obama’s medical takeover bill is a monstrosity in many ways, but the biggest danger comes from the separate treatment it reserves for the ruling left compared to us ordinary folks.<ref>As is true in all socialist countries, there will be one standard of health care for you and me — and then a higher standard for the ruling class. [http://pajamasmedia.com/blog/obamacare-means-a-two-tier-health-care-system/ ~~ObamaCare~~ Means a Two-Tier Health Care System], by James Lewis at ''Pajamas Media'', March 9, 2010.</ref>

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Socialist regimes reveal their true nature by the special treatment they give to their permanent ruling class; they deny such treatment for ordinary citizens of their country. The worst corruption in socialist regimes flows from that simple two-caste system. Obama’s medical takeover bill is a monstrosity in many ways, but the biggest danger comes from the separate treatment it reserves for the ruling left compared to us ordinary folks.<ref>As is true in all socialist countries, there will be one standard of health care for you and me — and then a higher standard for the ruling class. [http://pajamasmedia.com/blog/obamacare-means-a-two-tier-health-care-system/ Obamacare Means a Two-Tier Health Care System], by James Lewis at ''Pajamas Media'', March 9, 2010.</ref>

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The first example of ~~ObamaCare~~'s creation of a two-tier health care system was seen as millions of hardworking Americans struggle to make ends meet and watch as their health care costs increase due to provisions in ~~ObamaCare~~. Senate staffers planned to participate in a two-day orgy of back massages, organic food tastings and milk mustache photos as part of a "health fair" for the staffers, who enjoy some of the best health care in the country.<ref>[http://www.foxnews.com/politics/2010/10/08/senate-office-host-health-fair-covered-staffers/ Senate Office to Host Health Fair for Well-Covered Staffers], FoxNews.com, October 08, 2010.</ref> The Senate staffers will be treated to seated massages, herbal [[tea|teas]], polarity therapy, low-fat [[cheese]] samples and organic foods. A [[pharmacist]] and health coach will be available to speak to fair-goers about their medications, nutrition and healthy lifestyle questions. All of which is at the American taxpayers expense.

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The first example of Obamacare's creation of a two-tier health care system was seen as millions of hardworking Americans struggle to make ends meet and watch as their health care costs increase due to provisions in Obamacare. Senate staffers planned to participate in a two-day orgy of back massages, organic food tastings and milk mustache photos as part of a "health fair" for the staffers, who enjoy some of the best health care in the country.<ref>[http://www.foxnews.com/politics/2010/10/08/senate-office-host-health-fair-covered-staffers/ Senate Office to Host Health Fair for Well-Covered Staffers], FoxNews.com, October 08, 2010.</ref> The Senate staffers will be treated to seated massages, herbal [[tea|teas]], polarity therapy, low-fat [[cheese]] samples and organic foods. A [[pharmacist]] and health coach will be available to speak to fair-goers about their medications, nutrition and healthy lifestyle questions. All of which is at the American taxpayers expense.

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Less than one year after ~~ObamaCare~~ was signed into law, 111 [[unions]], companies, and organizations had received approval for Waiver of the Annual Limits Requirements of the PHS Act Section 2711.<ref>Scott Baker. [http://www.theblaze.com/stories/lots-of-unions-are-on-the-hidden-list-to-receive-obamacare-waivers/ Lots of Unions Are on the ‘Hidden’ List to Receive ~~ObamaCare~~ Waivers], ''[[The Blaze]]'', November 15, 2010.</ref><ref name=waivers>Applications for waivers from annual limit requirements: [http://www.hhs.gov/ociio/regulations/approved_applications_for_waiver.html Approved Applications for Waiver of the Annual Limits Requirements of the PHS Act Section 2711], (as of December 3, 2010).</ref><ref>When the American people learned that the congressmen who wrote the new healthcare law were exempt from it, questions regarding the alleged benefits of the new legislation were raised. Further proof that ~~ObamaCare~~ may not be all that it was touted to be can be found in the fact that 111 companies, including a number of unions, have been given waivers to be exempted from certain provisions of the law. [http://www.examiner.com/will-county-libertarian-in-chicago/government-health-care-is-not-law-for-everyone?cid=parsely#parsely Government Health Care is not law for everyone], by Steve Balich, Examiner.com, November 15, 2010.</ref><ref>Warner Todd Huston. [http://biggovernment.com/wthuston/2010/11/15/obamacare-waivers-prove-policy-is-a-jobs-killer-unions-benefit-most/ Obamacare Waivers Prove Policy is a Jobs Killer, Unions Benefit Most], biggovernment.com, November 15, 2010.</ref> By December 7, 2010, the list of unions, companies, and insurers who have used the HHS waiver as an escape to avoid the costly, destructive consequences of Obamacare for their members and employees grew from 111 to 222.<ref>[[Michelle Malkin]]. [http://michellemalkin.com/2010/12/07/obamacare-waiver-mania-continues-list-tops-222/ Obamacare Waiver-mania! continues: List tops 222], MichelleMalkin.com, December 7, 2010.</ref><ref name=waivers/> More than 50 unions have already received waivers.<ref>[[Rush Limbaugh]]. [http://www.rushlimbaugh.com/home/daily/site_011711/content/01125114.guest.html Why We Must Repeal Obamacare], RushLimbaugh.com, January 17, 2011.</ref> Moreover, three [[Service Employees International Union]] (SEIU) local chapters, including the [[Chicago]] chapter, whose political action committee spent $27 million supporting Barack Obama in the 2008 presidential election, have received waivers from a provision in the Obamacare law.<ref>Fred Lucas. [http://cnsnews.com/news/article/seiu-locals-including-chicago-chapter-wa Three SEIU Locals--Including Chicago Chapter--Waived From Obamacare Requirement], CNSnews.com, January 24, 2011.</ref>

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Less than one year after Obamacare was signed into law, 111 [[unions]], companies, and organizations had received approval for Waiver of the Annual Limits Requirements of the PHS Act Section 2711.<ref>Scott Baker. [http://www.theblaze.com/stories/lots-of-unions-are-on-the-hidden-list-to-receive-obamacare-waivers/ Lots of Unions Are on the ‘Hidden’ List to Receive Obamacare Waivers], ''[[The Blaze]]'', November 15, 2010.</ref><ref name=waivers>Applications for waivers from annual limit requirements: [http://www.hhs.gov/ociio/regulations/approved_applications_for_waiver.html Approved Applications for Waiver of the Annual Limits Requirements of the PHS Act Section 2711], (as of December 3, 2010).</ref><ref>When the American people learned that the congressmen who wrote the new healthcare law were exempt from it, questions regarding the alleged benefits of the new legislation were raised. Further proof that Obamacare may not be all that it was touted to be can be found in the fact that 111 companies, including a number of unions, have been given waivers to be exempted from certain provisions of the law. [http://www.examiner.com/will-county-libertarian-in-chicago/government-health-care-is-not-law-for-everyone?cid=parsely#parsely Government Health Care is not law for everyone], by Steve Balich, Examiner.com, November 15, 2010.</ref><ref>Warner Todd Huston. [http://biggovernment.com/wthuston/2010/11/15/obamacare-waivers-prove-policy-is-a-jobs-killer-unions-benefit-most/ Obamacare Waivers Prove Policy is a Jobs Killer, Unions Benefit Most], biggovernment.com, November 15, 2010.</ref> By December 7, 2010, the list of unions, companies, and insurers who have used the HHS waiver as an escape to avoid the costly, destructive consequences of Obamacare for their members and employees grew from 111 to 222.<ref>[[Michelle Malkin]]. [http://michellemalkin.com/2010/12/07/obamacare-waiver-mania-continues-list-tops-222/ Obamacare Waiver-mania! continues: List tops 222], MichelleMalkin.com, December 7, 2010.</ref><ref name=waivers/> More than 50 unions have already received waivers.<ref>[[Rush Limbaugh]]. [http://www.rushlimbaugh.com/home/daily/site_011711/content/01125114.guest.html Why We Must Repeal Obamacare], RushLimbaugh.com, January 17, 2011.</ref> Moreover, three [[Service Employees International Union]] (SEIU) local chapters, including the [[Chicago]] chapter, whose political action committee spent $27 million supporting Barack Obama in the 2008 presidential election, have received waivers from a provision in the Obamacare law.<ref>Fred Lucas. [http://cnsnews.com/news/article/seiu-locals-including-chicago-chapter-wa Three SEIU Locals--Including Chicago Chapter--Waived From Obamacare Requirement], CNSnews.com, January 24, 2011.</ref>

===Treatment of older patients===

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* On August 29, 2011, the ''[[Rasmussen Reports]]'' national telephone survey of Likely U.S. Voters showed that 57% at least somewhat favor repeal of the health care law, including 46% who Strongly Favor repeal. Thirty-seven percent (37%) at least somewhat oppose repeal, with 25% who are Strongly Opposed.<ref>Voters Express Stronger Enthusiasm for Health Care Repeal. [http://www.rasmussenreports.com/public_content/politics/current_events/healthcare/health_care_law Health Care Law], ''[[Rasmussen Reports]]'', August 29, 2011.</ref>

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* According to the ''Kaiser Health Tracking'' [[poll]], as reported on August 30, 2011, 44% of Americans have an unfavorable view of ~~ObamaCare~~. Only 39% of those surveyed have a favorable view of the law.<ref>Conn Carroll. [http://campaign2012.washingtonexaminer.com/blogs/beltway-confidential/poll-obamacare-support-all-time-low Poll: Obamacare support at all time low], ''The Washington Examiner'', August 30, 2011.</ref>

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* According to the ''Kaiser Health Tracking'' [[poll]], as reported on August 30, 2011, 44% of Americans have an unfavorable view of Obamacare. Only 39% of those surveyed have a favorable view of the law.<ref>Conn Carroll. [http://campaign2012.washingtonexaminer.com/blogs/beltway-confidential/poll-obamacare-support-all-time-low Poll: Obamacare support at all time low], ''The Washington Examiner'', August 30, 2011.</ref>

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* According to a monthly poll from the ''Kaiser Family Foundation'', as reported by ''[[The Hill]]'' on October 28, 2011, 51 percent of respondents had an unfavorable view while only 34 percent had a favorable impression of ~~ObamaCare~~.<ref>[http://thehill.com/blogs/healthwatch/politics-elections/190399-healthcare-laws-popularity-hits-a-new-low-poll-says Healthcare law's popularity hits new low], ''[[The Hill]]'', October 28, 2011.</ref>

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* According to a monthly poll from the ''Kaiser Family Foundation'', as reported by ''[[The Hill]]'' on October 28, 2011, 51 percent of respondents had an unfavorable view while only 34 percent had a favorable impression of Obamacare.<ref>[http://thehill.com/blogs/healthwatch/politics-elections/190399-healthcare-laws-popularity-hits-a-new-low-poll-says Healthcare law's popularity hits new low], ''[[The Hill]]'', October 28, 2011.</ref>

== See also ==

[[File:Dr Obama.jpg|right|150px]]

* [[Socialized Medicine]]

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* [[Association of American Physicians and Surgeons]] (doctor organization which opposes ~~ObamaCare~~)

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* [[Association of American Physicians and Surgeons]] (doctor organization which opposes Obamacare)

* [[Accountable Care Organization]]

* [[Obamunism]]

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*[http://www.castlibrary.com/free_books Three Days of Argument: Obamacare On Trial Audiobook] - Complete coverage of the arguments to the Supreme Court regarding Obamacare

*[http://www.youtube.com/watch?v=HcBaSP31Be8 Know the TRUTH about the Government Health Care Bill H.R.3200- Key Points video]

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*[http://www.aapsonline.org/obamacare-bill/ ~~ObamaCare~~] by the Association of American Physicians and Surgeons

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*[http://www.aapsonline.org/obamacare-bill/ Obamacare] by the Association of American Physicians and Surgeons

*[http://www.youtube.com/watch?v=YvzLDb2igKM The Obama health care press conference: The Public Option]

*[http://www.cato.org/dailypodcast/podcast-archive.php?podcast_id=653 Collectivism and Obama, McCain], featuring David Boaz, [[CATO Institute]] Daily Podcast, June 10, 2008.

*[http://www.rushlimbaugh.com/home/daily/site_071510/content/01125107.guest.html White House Snaps Fingers and Triggers End of Private Insurance], [[Rush Limbaugh]] on how the Obama Administration just issued new rules requiring health insurance companies to provide free coverage.

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*[[Fox News|FoxNews.com]]: [http://politics.blogs.foxnews.com/2011/01/19/taxpayer-calculator-health-care-repeal Taxpayer Calculator: ''Find Out How Much Health Care Law Is Costing YOU'']. To find out how much your taxes will increase because of ~~ObamaCare~~, [http://www.foxnews.com/topics/health-care-bill-gross-cost-of-coverage-provisions CLICK HERE]. In addition to calculating your individual tax burden caused by the overall health care takeover, FoxNews.com has also broken down the bill into three main pieces: the [http://www.foxnews.com/topics/health-care-bill-gross-cost-of-exchange-subsidies-related-spending.htm gross cost of exchange subsidies and related spending], the [http://www.foxnews.com/topics/health-care-bill-gross-cost-of-medicaid-chip-outlays.htm cost of Medicaid and expense of the Children's Health Insurance Program], and the [http://www.foxnews.com/topics/healthcare-bill-gross-cost-of-small-employer-tax-credits.htm cost of small employer tax credits].

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*[[Fox News|FoxNews.com]]: [http://politics.blogs.foxnews.com/2011/01/19/taxpayer-calculator-health-care-repeal Taxpayer Calculator: ''Find Out How Much Health Care Law Is Costing YOU'']. To find out how much your taxes will increase because of Obamacare, [http://www.foxnews.com/topics/health-care-bill-gross-cost-of-coverage-provisions CLICK HERE]. In addition to calculating your individual tax burden caused by the overall health care takeover, FoxNews.com has also broken down the bill into three main pieces: the [http://www.foxnews.com/topics/health-care-bill-gross-cost-of-exchange-subsidies-related-spending.htm gross cost of exchange subsidies and related spending], the [http://www.foxnews.com/topics/health-care-bill-gross-cost-of-medicaid-chip-outlays.htm cost of Medicaid and expense of the Children's Health Insurance Program], and the [http://www.foxnews.com/topics/healthcare-bill-gross-cost-of-small-employer-tax-credits.htm cost of small employer tax credits].

* http://www.foxnews.com/politics/2013/01/21/premiums-set-to-rise-this-year-in-run-up-to-obamacare-tax-on-insurance-industry/

* http://www.foxnews.com/politics/2013/02/01/memphis-based-medical-company-lays-off-100-blames-obama-care/

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[[Category:Totalitarianism]]

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[[Category: Obama Administration]]

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[[Category:Obama Administration]]

[[Category:Politics]]

[[Category:Socialism]]

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[[Category: Health]]

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[[Category:Health]]

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