Michael Gaynor
Speaker Boehner, condition any continuing resolution or debt limit increase on expedited SCOTUS review of Obamacare
By Michael Gaynor
March 27, 2011

Speaker Boehner, if you won't insist that Obamacare be defunded immediately as a condition to approving must-pass legislation, at least condition that must-pass legislation upon expedited SCOTUS review of Obamacare. Otherwise, you're part of the problem, not part of the solution.

Shutting down the national government is not wholly desirable. After all, many people love to visit the national parks and the Smithsonian.

But President Obama no longer is a wholly Democrat-controlled Congress and that's supposed to matter.

Thanks to the 2010 elections, Republicans control the House of Representatives and John Boehner is the Speaker of the House.

Speaker Boehner, man up and make the people who put Republicans in control of the House proud that you replaced Nancy Pelosi as Speaker: condition any continuing resolution or national debt limit increase on the Obama Administration withdrawing its opposition to expedited review of the constitutionality of Obamacare by the United States Supreme Court.

Do you think the Obama Administration really would opt to run out of money than to join the request for expedited review?

Do you think that the Obama Administration can convince most voters that such expedited review is unreasonable, especially when billions of dollars will be wasted if Obamacare is ruled unconstitutional?

Obamacare is something about which we need to do more than cry. Use your leverage, Speaker Boehner, and use it NOW.

Hiriam Reisner, in "Istook: Yank Obamacare's Hidden Funds" (http://www.newsmax.com/InsideCover/istook-obama-hidden-funds/2011/03/23/id/390542), highlighted the frustration with the failure of House Republicans to cause Obamacare to be repealed or defunded.

Reisner reported that former Oklahoma GOP Rep. Ernest Istook called on the first anniversary of Obamacare for Congress to immediately rescind the $26,000,000,000 that the Obama administration is now spending on the law.

Istook is credited with finding more than $100,000,000 hidden in Obamacare, and that money will continue to be spent unless the United States Supreme Court rules Obamacare unconstitutional.

When asked whether there are any signs Congress will heed his advice. Istook replied that "there's a lot of games being played on Capitol Hill — it's tough business."

Speaker Boehner needs to be tough, not timid.


"I give a lot of credit, of course, to the House leadership, that did vote to repeal Obamacare. But they said their backup plan was to defund it — and they're not going after the current funding — and you've got to do that in a way that is attached to must-pass legislation, to give you leverage to accomplish that. And that is not happening — we hear all sorts of different excuses.

"So Plan A: Repealing Obamacare — it didn't work; we didn't expect it to. But Plan B, requires a lot of effort to defund it — and they're not being as aggressive as I certainly would like to see them be."

Speaker Boehner, if you won't insist that Obamacare be defunded immediately as a condition to approving must-pass legislation, at least condition that must-pass legislation upon expedited SCOTUS review of Obamacare. Otherwise, you're part of the problem, not part of the solution.

© Michael Gaynor


The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

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Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)


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