• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Sen. Hatch Calls for Repeal of Obamacare Mandates

    “I’ve been working to dismantle Obamacare,” declared Sen. Orrin Hatch (R-UT). “We have to fight this terrible law that’s a threat to liberty itself.”

    These comments came during a June 21st blogger conference call held by Sen. Hatch in which he sought to rally support for two bills aimed at representing “a strategic attack on the central tenants of Obamacare.”

    The American Liberty Restoration Act (S. 3502) would strike forthcoming individual mandates from the current law, while the American Job Protection Act (S.3501) would repeal what Hatch calls, a “job-killing employer mandate.”

    Individual and employer mandates represent two of the most focused-upon issues on which Americans are challenging both the effectiveness and constitutionality of the health care law, signed by President Barack Obama in March. Indeed, Hatch cited that “there are now 20 states, including Utah, challenging this which the President signed into law.”

    Claims by the Justice Department that the 20-state lawsuit fails to demonstrate any Constitutional violation are being met with strong criticism by Hatch and others. The Justice Department, in juxtaposition to President Obama’s prior assertions that individual healthcare mandate penalties were not a tax, claims that this very same penalty “imposes a tax on the choice of a method to finance the future costs of one’s health care.” Therefore, claims the Justice Department, this law is Constitutionally sound by way of the Commerce Clause.

    When asked about the Justice Department’s recent assertion that the law passed Constitutional muster on the grounds that it met taxation conditions in the Commerce Clause, Sen. Hatch responded with definitive disagreement.

    “It is unconstitutional for the Congress to tell the American people what to buy,” he said. “It doesn’t fit in the Commerce Clause. If you look at the case law, in order to fit in the Interstate Commerce Clause you have got to be an activity. How do you call forcing people to buy health insurance an activity?”

    He cited some of the particular challenges facing Americans once Obamacare is fully enacted. “87 million Americans will be forced out of their current coverage. And that’s even before the employer mandate.”

    “This will hit employers with $52 billion in new taxes. The healthcare law incentivizes employers to stop providing healthcare to their employees.”

    Senator Hatch openly admitted that neither of these bills would see much life in the present liberal-dominated 111th Congress, but he expressed some desire to have the bills become a tool to maintain focus on the issue of partial or even full repeal.

    The case for repeal, whether piece-meal or entirely of Obamacare continues to grow, and history shows us that the repeal of health care policy is entirely possible in Congress.

    The Heritage Foundation continues to stand by its commitment to continue to present the intellectual case for repeal of Obamacare. Its passage represented one of the most intrusive violations of our liberties and paved the way for unelected government bureaucracies to govern the most intimate of our life’s concerns: our own health.

    Vincent Coglianese is currently a member of the Young Leaders Program at the Heritage Foundation. For more information on interning at Heritage, please visit: http://www.heritage.org/about/departments/ylp.cfm

    Posted in Obamacare [slideshow_deploy]

    22 Responses to Sen. Hatch Calls for Repeal of Obamacare Mandates

    1. Charles Kyriacou, Ta says:

      To kill Obamacare before it kills us, is a must! I never and thought never will see the day our president would pass bill after bill against the will of the American people. We need to get this socialist out of office and replace him, along with the senate and congress with people who will govern for the people, by the people. We don’t want politicians who’ll make decisions for us, we want to live our own lives just like the current politicians get to make their own decisions, but won’t let us make ours. All in the name of socialism and redistribution of the money we work for. What they should be doing is get all these healthy people off the couch and get them to work, teach them and let them know there’s no free ride forever. But if Obama did that, how will he control these people, that’s why he wants to lump the rest of us with them.

    2. adam smith richmond, va. says:

      We, the people don’t want socialized medicine.

    3. LALaw says:

      This blog is just not talking about the elephant in the room – Orrin Hatch supported the 1993 alternative to the Clinton health care bill, which had the individual mandate. Where was such an idea born? Oh yeah, in the Heritage Foundation. Heritage was also a supporter of the individual mandate way back in 1990 (http://www.heritage.org/Research/Reports/1990/07/Using-Tax-Credits-to-Create-an-Affordable-Health-System) and praised Mitt Romney’s health care reform law in 2006.

      What happened between 2006 and 2009 to change their mind? Maybe a Democratic President enacting a health care proposal based upon their ideas. If Romney would have been elected president, you could almost bet he would have proposed a similar health care bill with an individual mandate, but the Heritage Foundation would have been steadfastly supporting it, and its individual mandate.

      Basically, Heritage created what it claims is “one of the most intrusive violations of our liberties” and Orrin Hatch and many other Senate Republicans were supporting it through and through in 1993.

    4. Dennis Georgia says:

      It seems to me that we the people do not count in this congress or in the white house. It all comes down to what those in power want, and what the minority wants. If this health care law is left to stand, you can be sure we the people will have to pay more in taxes and for goods. The companies that are forced to buy insurance for their employees, {UNIONS} will pass the cost on to the consumer, just as the "guvment" will pass it along to the tax payer. We as working people can not afford to pay for this mess. After all the working people are in the monority now and will be in the future.

      Socialized medicine is not the answer to the problem that is percieved to be the great down fall of this country. I do not believe that Congress or the White House have the authority to make any of us buy something, the Constitution does not give that power. We the people must take a stand on this and vote in November.

    5. West Texan says:

      " … the Justice Department, [claims] this law is Constitutionally sound by way of the Commerce Clause."

      Is this the same justice department that believes civil rights applies only to minorities?

      Correct me if I'm wrong, but my understanding of the commerce clause is only for revenue collection to cover those limited functions constitutionally delegated to the federal government. Obamacare is essentially a misappropriation racket. As a rural Texan, I'd prefer not having to live by Chicago's urban underworld rules.

    6. Theresa, Titusville, says:

      The Founders are probably rolling over in their graves or crypts with the changes in the manner in which Big Government has moved against the people of a free society. Our foundations of government were defined by our individual roughedness and self-reliance which has been eroded by big government. Europeans have always thought more in the terms of a group mentality where as in the United States We search for what is best for each indvidual to support themselves. Unfortunately, We have lost our way because of too many progressive views being pushed in to our lives. What happened to allowing crisis' playing out in the market place and allowing new owners and their ideas coming to the surface to design the economic game plan.

    7. West Texan says:

      LALaw tends to ignore powers reserved to the states verses those delegated to the federal government. If Mitt pushed for nationalized mandates like Obama, he'd face the same opposing outcry.

    8. Zack says:

      LALaw, don't worry. The right-wing spin will begin soon enough. You are 100% correct. Legislative history is fun! I found it interested that today I was browsing townhall.com and noticed a pop up of a Heritage Poll, wondering why Heritage would stoop to the level of townhall.com, but no suprise. Heritage is losing credibility day by day from almost every blog.

      As I read through conservative/republican comments on this site and townhall.com I sit back in my office chair and thank the lord everyday that I voted for President Obama and support many democrats in the House and Senate. I have never "hated" the conservative or republican party, I just find it extremely dissapointing that so much ignorance can come from such a large group of people. I keep hearing "november is coming" and I always ask….what's coming? The republicans will pick up 4 maybe 5 seats in the senate and 10 to 15 seats in the house? Is that what's coming? This november will be one of the smallest midterm majority loses in history which does not say much for this new conservative uprising. When no substance or evidence is produced behind anything that has been said since Obama was elected, nobody will understand where conservatives are coming from. Freedom, Liberty, The Constitution… yes, I'm a Liberal Democrat and I believe in every single one of those things with all my heart and soul.

      Right-wing fear mongering, hypocritical comments, and confused ideas and solutions for america will ensure a Democrat Majority for years to come. Heritage will post a blog with some opinon maker, and when asked for evidence they hyperlink another blog with some other opinion maker as fact, its beyond ammusing.

      This recession was in the making a long time ago. Private mortage lenders took the bulk of market share bottom line losses. Nothing was done for healthcare after countless warnings for almost 30 years. You attack the President for firing a General that openly attacked the President(do conservatives understand how things work in the armed forces at all?) You blame the BP oil spill, with BP accoutability, with a history of evidence to show just how unprepared they were on President Obama. Do you expect him to personally stop the leak. What about all the legislative history showing just how much conservatives and republicans loved to block any and all regulation for offshore drilling."drill baby drill".

      The right wing is committing political suicide day after day. Heritage and its bloggers dissapoint me every day. Also, the people that leave comments. Now you can personally attack me for having an opposing point of view or just leave confused, jumbled up comments about how the President is a socialist, marxist, communist, trying to destroy america, taking our freedom and liberty away. Ya know, most people have no idea what you guys are talking about, serioulsy.

      But if you must, conservatives, by all means attack attack attack, fear monger the american people until the point of no return. To be honest, conservatism is about 2 steps from being dead and I thank the lord for that blessing every day.

    9. Carol , AZ says:

      If this terrible bill , Obama care, is passed on to America

      for all costs, including a blanket decison for amnesty, and no accountability to pass E-Verify for accountability for the fleecing of America.

      We can all be responsible for America , as a nation

      Walking deeper into ecomonic suicide.

      This is the bill NO ONE WANTED!

      Clearly we have all lost our minds and the leadership we now have is so out of touch for any real world decisons to curve any spending .

      ONE MORE TIME;

      We are flat lined broke in America In the TRILLIONS .

      Support Senator Hatch and his "REform of Health care"

      Get rid of N. Pelosi and all liberals that have marched in goose step with this terrible leadership before it is too late America.

    10. Carol, AZ says:

      We the poeple don't want more Government.

      We the poeple must repeal this terrible idea.

      One more time we in America are flat lined broke.

      One time we are broke in the TRILLIONS.

      Support Sen,. Hatch for Health Care Reform .

    11. Rhonda says:

      It's never too late for the "Thinkers" of this world to finally get wisdom and to actually read the Constitution. I frankly don't care who believed what in the last 100 years, some Americans are finally waking up to the fact that our government (Dems and Repubs) has hoodwinked the citizens of this country and we're not buying what they are selling anymore.

    12. Mike, PA says:

      This is just a poorly written article.

    13. Zack says:

      Have any of you actually read HR3590? Have any of you seen the rise in healthcare cost for the last 30 years? Have any of you seen a (realistic) alternative to fix healthcare? Conservative Bills? Republican Bills? Anything?

      I have a new slogan for all the right wingers out there. Now that Healthcare Reform has already passed, "keep your hands off MY healthcare!"

      Yea, please try and repeal this legislation, see how far you get. I love all this constitution and freedom garbage coming from some of you. Protecting the insurance companies and big buisness while screwing the majority of america by not doing anything for healthcare refrom when you were in power is unconstitutional enough and took more then enough freedom away from millions of people. You guys are just….well pathetic. Try reading legislation and researching history instead of relying on a website as misinformed as Heritage.

    14. Zack says:

      Hey, if you want to get mad at Tort Reform and Portability issues then blame republicans and conservatives in the house and senate for 12 years straight. What did they do again for Healthcare for over 30 years now?

      This is the same "honk if im paying your mortgage" talking point. When did conservatives ever think they are paying for anyone else for anything else other then their own failed policies? "True Ticket Price" – why, beacuse Heritage and Fox News told you it will be more expensive then if we had no reform at all?

      Fear mongering has been at full steam since Healthcare Reform was even a thought and the conservative attacks have no substance. Your not paying for anyone else, espically me.

      you stated-

      "you are going to be very dissappointed and very poor"

      For once, can you or any conservative/republican explain to me exactly what you are talking about and provide direct evidence behind that statement. And doing nothing for healthcare has made people rich and satisfied right?

      Pitiful. Please, a real debate….anyone?

    15. Jeanne Stotler, wood says:

      Since this bill came to light I had an increase in my BC/BS as well as part B medicare, then to ad insult to injury Congress said no COLA for this year and next year, then turned around and voted themselves a BIG raise. If the decrease to MD's goes through you can bet the supplement will go up to cover the difference. Now this is just for us seniors, small businesses will be frced to cover their employees, many will cut payroll or cut hours so they won't need to give benefits, others will do as my son's Co. did, fire those who are near the age where they will use more health care, happened last week to my son. This admistration works with smoke and mirros trying to convince the gualibe that they are improving the economy where as it's going the other way.

    16. Sandy CT says:

      Perhaps you should try doing something about the Tort Lawyers and Portability and then I would think there was an honest attempt to keep it AFFORDABLE. Until then, I will be interested to see how you feel when “Your Health Care” kicks in. I think when the true ticket price kicks in unless I am paying for your insurance you are going to be very dissappointed and very poor.

    17. Pingback: Health Reform Shakeout – Blog Watch

    18. West Texan says:

      Zack is obviously young, possibly unemployed, and appears to have no stake in Obamacare, unless of course his fantasy is free care. Lesson number 1 shows healthcare as a service and not a right. Lesson 2 concerns domestic affairs, like healthcare, which is states' business. Lesson 3 is about a partisan congessional mob forcing their overreaching bill through underhanded tactics and signed by a totally incompetent president. Lesson 4, November will be here soon.

    19. Bradyn, Utah says:

      The inspired words in the Declaration of Independence remain true: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed…"

      God has given us the right to pursue happiness, not the right to Happiness. He has given us the right to own property, seek learning, acquire health care, provide for our needs, etc. (as along as we do not infringe upon another person's Rights), but He has not given us the right to property, food, clothing, health care, shelter, etc. Likewise, He has given us no authority to authorize government to force indivduals to provide these things for themselves or for others.

      It would seem that "We the People" have forgotten this (or never learned it) and have not held our elected officials accountable when they have infringed upon these Rights. Accordingly, I am very pleased with the apparent awakening that is occurring in our nation!

    20. Pingback: Health Reform Shakeout | Go HealthReform

    21. Richard says:

      Before the medicare reimbursement cuts dropped on January 1, 2010, my 25 year career in health care is in the line of fire, as private practices are being squeezed to the point of closing their doors. Before the new year, 15% of the work force was let go, and more may follow. What were they thinking in capital hill. They get the best of the best, as the rest of us are sacrificed. What happen to the words, Of the people, By the people, and for the people. Politicians are out for personal gratification. voicing my thoughts to the president, medicare, local representatives, senators and congressmen, there was NO true concern for the American people. Of what our four fathers put in place, nothing is followed in the constitution, and this has been for a long time. If this country has to force the American people to swallow this health care, than capital hill should also. Needless to say, capital hill MUST be downsized, and the so called DEAD WOOD removed, and replaced with elected politicians that care about every American, and to do right by us. You need someone like Teddy Roosevelt and FDR combined to take care of business!

    22. Mark Baird says:

      Please conservative quit talking about your support of the constitution and what it means. Remember the Patriot Act. I could mention many more violations of the constitution that conservatives did not fight. You did not fight the Supreme Court ruling in Reigel v. Medtronic taking away states rights and the rights of individuals to seek justice in the courts our their back door with a jury of the peers in their neighborhood. So please conservatives do not talk about "constitution", "liberty", and blah, blah, blah.

    Comments are subject to approval and moderation. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish. Please be respectful of each other and the subjects of any criticism. While we may not always agree on policy, we should all agree that being appropriately informed is everyone's intention visiting this site. Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, we are obligated to our readers to maintain these standards. Thanks for joining the conversation.

    Big Government Is NOT the Answer

    Your tax dollars are being spent on programs that we really don't need.

    I Agree I Disagree ×

    Get Heritage In Your Inbox — FREE!

    Heritage Foundation e-mails keep you updated on the ongoing policy battles in Washington and around the country.

    ×