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By: Bruce Fein – 

The congressional effort to repeal or reform Obamacare is on life support.

Congress should not let this serious crisis go to waste.

Independent of repealing of changing the Affordable Care Act, Congress should depress health insurance premiums and ignite a revolution in the cost and delivery of health care by preempting any state or local law that “unreasonably” burdens telemedicine. Attorney’s fees and costs should automatically be awarded to any plaintiff that successfully challenges such protectionism.

It is fitting that Congress should do so. The constitutional convention was provoked by the erection of state barriers to interstate competition. Article I, section 8, clause 3 of the Constitution thus empowers Congress to regulate or eliminate barriers to interstate commerce. Last year, Congress invoked this authority to make permanent the Internet Tax Freedom Act. It prohibits state or local taxation of internet access or multiple or discriminatory taxes on electronic commerce.

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