Board Of Repeal

How to challenge Obamacare:

The health law makes it virtually impossible to get rid of its Independent Payment Advisory Board — so much so that critics say that the wording violates Congress' constitutional powers.

ObamaCare's IPAB will recommend changes to Medicare payments in years that the mammoth health care program exceeds spending targets. Congress can override IPAB decisions, but only if it comes up with equivalent savings.

IPAB cuts likely will generate major opposition from seniors, doctors and others, but lawmakers could only repeal the unelected panel in a tiny window in 2017. Many say that imposes unconstitutional restraints on Congress.

"IPAB is unconstitutional for a number of reasons and one of them is that the statute limits the ability of future Congresses to repeal IPAB by saying that the only way Congress can repeal it is with a special procedure in 2017," said Michael Cannon, director of health policy studies at the libertarian Cato Institute. "Congress cannot bind a future Congress like that. Only the Constitution can."

Something else that Team Obama seemed to have forgotten in the push for "free" care...