A statute or court opinion becomes settled law when there is a broad consensus that it is just.
The Affordable Care Act is not settled law because the public remains deeply divided over it: More than half of Americans are opposed.
The Affordable Care Act was passed by Congress, signed by President Obama, upheld by the Supreme Court and reconfirmed by the president’s reelection. Many of its provisions have gone into effect. As Democrats have taken to saying, it is the law of the land.
But contrary to what the president suggested in the Rose Garden this past week, that does not mean Obamacare is “settled, and it is here to stay.” And it is not illegitimate for Republicans to use every lawful means at their disposal to stand in its way.
The law was passed entirely with Democratic votes. This is in contrast to other major legislation, including the Civil Rights Act of 1964, which was enacted with overwhelming bipartisan support and thus became settled much more quickly.
Republicans also cite the unusual procedures used to pass the health-care act — most notably, the budget reconciliation process that avoided a filibuster while moving the final legislation through the Senate.
That’s why House Republicans are actively seeking to delay the rollout of the rest of the new health-care law. They know their task will be harder once the law is in full effect. The time for them to take a stand is now.
Even if health reform goes forward, this may be a protracted fight. Other major statutes have been repealed after being subjected to unrelenting criticism.
http://www.washingtonpost.com/opinions/why-obamacare-isnt-settled/2013/10/03/2c06bf6e-2b71-11e3-8ade-a1f23cda135e_story_1.html
The Affordable Care Act is not settled law because the public remains deeply divided over it: More than half of Americans are opposed.
The Affordable Care Act was passed by Congress, signed by President Obama, upheld by the Supreme Court and reconfirmed by the president’s reelection. Many of its provisions have gone into effect. As Democrats have taken to saying, it is the law of the land.
But contrary to what the president suggested in the Rose Garden this past week, that does not mean Obamacare is “settled, and it is here to stay.” And it is not illegitimate for Republicans to use every lawful means at their disposal to stand in its way.
The law was passed entirely with Democratic votes. This is in contrast to other major legislation, including the Civil Rights Act of 1964, which was enacted with overwhelming bipartisan support and thus became settled much more quickly.
Republicans also cite the unusual procedures used to pass the health-care act — most notably, the budget reconciliation process that avoided a filibuster while moving the final legislation through the Senate.
That’s why House Republicans are actively seeking to delay the rollout of the rest of the new health-care law. They know their task will be harder once the law is in full effect. The time for them to take a stand is now.
Even if health reform goes forward, this may be a protracted fight. Other major statutes have been repealed after being subjected to unrelenting criticism.
http://www.washingtonpost.com/opinions/why-obamacare-isnt-settled/2013/10/03/2c06bf6e-2b71-11e3-8ade-a1f23cda135e_story_1.html