Another Preview of Obamacare.
When supporters of Obamacare tell you that the healthcare bill will not include any “death panels” or open interpretation of the law, know that they are presenting a logical fallacy. The bill itself will not include any specific language about “death panels”, but the law will be intentionally written to be vague so that bureaucrats who have to enforce the law can broadly interpret so that a “death panel” can be authorized under the law. Supporters of Obamacare will tell you that that is a bunch of crazy talk, but I want you to consider the Sarbanes-Oxley law that was passed in 2002 to more tightly regulate the accounting methods employed by businesses. Apparently, the board established to enforce Sarbox, the Public Company Oversight Accounting Board (PCAOB), has been pretty overzealous in regulating the market beyond its original intent. This has prompted a business to bring a Supreme Court challenge to the constitutionality of an unaccountable board who is not under the supervision of the President. They cannot say they were warned about this. One of the dissenters in an Appeals Court challenge to PCAOB warned that this is going to to lead to adverse effects:
The dissenter on the D.C. Circuit panel, Judge Brett Kavanaugh, the case the most important separation of powers case in 20 years and said the appeals court had created a constitutional hash. Though the PCAOB “performs numerous regulatory and law enforcement functions at the core of the executive power,” he wrote, for the first time in U.S. history we have “an independent agency whose heads are appointed by and removable only for cause by another independent agency.”
This has obviously come to fruition. Now, how does this apply to any committee established by Obamacare? Well, when a bill establishes over 40 different committees to administer healthcare, it will be very easy for one to overstep its boundaries and begin to make policy. When that happens, those board members must be appointed by the President, as stated in the Constitution. Without specific instruction mentioned in the bill for the duties of these committees, the vagueness of the bills allow unelected and unaccountable bureaucrats to interpret laws in ways Congress may not have intended them to be interpreted. So when you here an Obamaphile say that no “death panels” exist in the bill, remind them of the PCAOB and how it was not meant to regulate small accounting firms or small businesses for that matter.