The recent ruling by a federal judge invalidating Obamacare in its entirety was a resounding victory for opponents of the sweeping law. It isn’t though, by itself, the end of the fight. The final determination of the constitutionality of Obamacare could take months or even years. The efforts to repeal Obamacare can’t simply wait for the courts. Continued action is needed now.

During the recent House vote, only three Democrats voted withRepublicans to repeal ObamaCare – less than the 13 who remain in Congress who opposed the original legislation. Typical of their response was Rep. Larry Kissell (D-NC). Kissell voted against ObamaCare but then voted against its repeal – a tacit endorsement of the legislation.

Kissell told McClatchy News Service that he would rather “chip away” at the legislation. Okay. The time has come to start chipping.

It’s clear that the repeal vote is essentially the floor. Efforts to “chip away” at the bill will garner more support than the repeal vote, as Kissell and his ilk will vote for Republican efforts to “replace” the bill. Jason Altmire (D-PA) opposed the bill and repeal saying, “We think, by in large, it was a bad bill. It did more harm than good. But to repeal it all, including the few provisions that were beneficial, just doesn’t make sense.”

Let the chipping begin.

One by one the Republican leadership should begin to move legislation to the floor decimating the legislation not via one big blow but by death from a thousand cuts. Such an effort will garner more bipartisan support for repeal for large portions of the legislation.

A good place to start would be rationing. During debate on the legislation, opponents of the legislation warned it would lead to rationing of care, and they were right. The ink was not yet dry on the president’s signature when the Food and Drug Administration (FDA) decided to make breast cancer patients their first guinea pigs.

The FDA took the initial steps to de-label Avastin, an expensive, but effective late stage cancer drug. The move would deny insurance coverage for the drug but would still allow doctors to offer the drug to those who can afford its hefty cost. Medicare saves money but patients will die.

Congress should move legislation quickly ending this rationing scheme. Democrats have voiced opposition to the FDA’s move, including some of the most liberal members of the House. If you lead with your best foot forward, ending rationing of Avastin and other drugs is a good place to start.