Since the administration and its ideological allies apparently have no contingency plan for replacing Obamacare, Congress finally should come together to craft a pragmatic and measured approach to health care reform that doesn't involve taking over the world.
Assuming the Court declares Obamacare unconstitutional, cooler heads in Congress can focus on those reforms most likely to garner enough bipartisan agreement for passage. Start by ramping up tracking and enforcement programs to cut Medicare fraud and waste. Provide compassionate, fiscally sustainable safety nets for the most needy, such as indigent patients and those caught in health care crises not covered by insurance. Tamp down costs by increasing competition and allowing patients to purchase insurance plans beyond state borders, as with car insurance. Stanch the hemorrhage of doctors from medicine by reasonably reforming malpractice lawsuits, slashing paperwork and bureaucratic meddling, and clarifying First Amendment conscience protections for health care professionals.
The jacobinic health care revolution has failed. It is time now to reform health care democratically with careful, considerate compromise on the pragmatic principles that most Americans support.