On the recordOctober 4, 2013
I do not know where this settled law legal theory comes from. I would note that some of my colleagues have ignored this theory during previous health care debates. In 2003, Congress passed a law, a bipartisan law, called the Medicare Modernization Act. This law passed with Members of both parties supporting it. It was signed into law by the President. It survived any court challenges that were made against it. It was, by the same token, settled law. That did not stop my colleagues from proposing legislation to amend Part D, called the Medicare Modernization Act. In fact, Democrats, including Members still currently in the Senate, proposed and voted to alter the Medicare Modernization Act by striking the noninterference clause. We considered that proposal and debated it on its merits, as we should have the amendments to the Affordable Care Act recently offered. We did not dismiss it as offensive because it sought to amend a settled law. The government could be open and fully operating today but for the Democrats' unwillingness to engage in legitimate debate over the proposals to amend ObamaCare, not defund it or delay it. We are where we are because the majority refuses to give the American people relief from the individual mandate and treat President Obama and his political appointees the same as all other Americans are by going to the exchange. In the wash of words that we will hear on the floor, I hope this simple truth can be heard. I yield the floor.…





