The following is a summary of testimony given by the Goldwater Institute’s senior counsel, Ms. Diane Cohen. I had the privilege of hearing Ms. Cohen’s first hand report of the testimony she gave in congress against the establishment of the Independent Payment Advisory Board (IPAB), a by product of Obamacare which by another name can be easily called the “Death Panel”. You will recall Sarah Palin first used this expression and has been excoriated by the left wing media ever since. But this writing will prove that the Death Panel does, in fact, exist and will soon begin operation unless Obamacare is struck down by the USSC once and for all.
My thanks to Ms. Cohen for her permission to let me share this important information with you. You may distribute this data freely as it is public record and the more the electorate knows about it, the greater the chance of Obama being a one term president.
Before the summary, a little background is in order. This suit is being brought on the behalf of The Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation which is representing private individuals and U.S. congressmen who have suffered or will suffer directly from the loss of freedom driven by Obamacare:
• Nick Coons of Tempe, Ariz., owns his own computer sales and repair business and pays for health care out of his pocket. However, he will face heavy fines from the IRS if he doesn’t buy a government-approved health insurance plan by 2014.
• Dr. Eric Novack is an orthopedic surgeon in Glendale, Ariz. Many of his patients are on Medicare. The health care law empowers the Independent Payment Advisory Board to cut Medicare reimbursements, as a death panel would do, to physicians like Dr. Novack in order to cut Medicare spending. Cutting reimbursement rates when they are already low will result in forcing doctors to cut the number of Medicare patients they see and reduced care for Medicare recipients. IPAB is not reform – it is Congress’s way of abdicating its duties to a centralized, unelected, unaccountable board.
Whom exactly is being sued (and this is a little surprising):
• President Barack Obama in his official capacity as head of the executive branch.
• Timothy Geithner as secretary of the Department of Treasury, who oversees the IRS and its task of punishing individuals who don’t buy health insurance by 2014.
• Secretary of Health and Human Services Kathleen Sebelius, whose department would implement the health care law.
• Attorney General Eric Holder, who oversees the Justice Department and other law enforcement agencies set to enforce other provisions of the federal health care law.
And now, the congressional summary of Ms. Cohen’s argument.
“I appreciate the opportunity to discuss the unprecedented constitutional issues raised by Congress’s establishment of the Independent Payment Advisory Board (IPAB) and the real world consequences that this unprecedented independent agency will have on the lives of citizens and particularly seniors.
The Goldwater Institute’s legal challenge to the “Patient Protection and Affordable Care Act,” is unique among the lawsuits challenging the Act because ours is the only one that challenges the constitutionality of IPAB. We believe the creation of IPAB represents the most sweeping delegation of congressional authority in history, a delegation that is anathema to our constitutional system of Separation of Powers and to responsible, accountable, democratic lawmaking.
IPAB is insulated from congressional, presidential and judicial accountability to a degree never before seen. It is the totality of the factors insulating IPAB from our nation’s system of checks and balances that renders it constitutionally objectionable. Specifically, IPAB is an unelected board of bureaucrats, whose proposals can become law without approval of Congress and the President, and are insulated from rulemaking, administrative and judicial review, and any meaningful congressional oversight. Far from representing Medicare reform, IPAB is abdication of what historically has been a congressional responsibility. Indeed, it is an unconstitutional delegation of Congress’s legislative duties and responsibilities to an agency that is unaccountable to the electorate and immune from checks or balances. Editor’s Note. This means that NO ONE can overrule an IPAB decision.
IPAB is “independent” in the worst sense of the word: it is independent of Congress, independent of the President, independent of the judiciary and independent of the will of the people.”
It can’t be stated any more plain that that. IPAB is above the law and the constitution and is the product of Harry Reid, Nancy Pelosi and Obama. Remember, we had to pass the bill before we could read it. Well, we are reading it now and it is time to rise up America, DEFEAT OBAMA and his Marxist dream. If you care to read all of Ms. Cohen’s testimony, contact me at spugskennedy@gmail.com and I will forward the full PDF file (18 pages) to you.