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Capretta and Levin: Why ObamaCare Is Still No Sure Thing November 19, 2012

Champions of ObamaCare want Americans to believe that the president’s re-election ended the battle over the law. It did no such thing. The Patient Protection and Affordable Care Act won’t be fully repealed while Barack Obama is in office, but the administration is heavily dependent on the states for its implementation.

Republicans will hold 30 governorships starting in January, and at last week’s meeting of the Republican Governors Association they made it clear that they remain highly critical of the health law. Some Republican governors—including incoming RGA Chairman Bobby Jindal of Louisiana, Ohio’s John Kasich, Wisconsin’s Scott Walker and Maine’s Paul LePage—have already said they won’t do the federal government’s bidding. Several Democratic governors, including Missouri’s Jay Nixon and West Virginia’s Earl Ray Tomblin, have also expressed serious concerns.

Talk of the law’s inevitability is intended to pressure these governors into implementing it on the administration’s behalf. But states still have two key choices to make that together will put them in the driver’s seat: whether to create state health-insurance exchanges, and whether to expand Medicaid. They should say “no” to both.

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