Is defunding ObamaCare the best strategy?

This is a rush transcript from "Hannity," August 2, 2013. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: Joining us now to talk about that much more and what the legislative branch can do to prevent this law from being fully implemented, two medical doctors in their own right, Wyoming Senator John Barrasso, and Texas Congressman Michael Burgess. Gentlemen, welcome to the program.


REP. MICHAEL BURGESS, R-TEXAS: Thanks for having us.

HANNITY: All right. Senator, what about the effort? Let's talk about Mike Lee, Ted Cruz, Rand Paul, Marco Rubio and yourself. You would like -- you'd believe it's constitutional that you can defund this?

BARRASSO: Well, I think it's important that we defund this. I don't think that goes far enough. But I co-sponsored Ted Cruz's bill to defund the health care law. But remember Sean, there are 20 taxes that are increased as part of this law. And 16 of them are already being collected. So, we have to rip this thing out by the roots, and that goes with not just defunding it, but also repealing all of the other parts of the law as well.

HANNITY: Congressman, you thoughts.

BURGESS: Well, Sean, you talked about in your lead-in -- the people talked about the 40 repeal of defunding bills that Congress has taken on. Actually seven of those have been passed and been signed into law by the president. So, it actually, bit by bit, we have been eroding this. We're coming up to a pivot point on the 30th of September, the funding for the federal government runs out, has to be re-upped. The next day, the open enrollment period occurs to the exchanges. I will submit to you this is not going to be working by October 1st, and oh, by the way, on September 15, or thereabouts, people in my state of Texas will begin to see what their actual rates are to purchase the health care in those exchanges. And there is going to be some sticker shock.

HANNITY: Let me ask you, Senator, about the president, he unilaterally decided, even though it's the law of the land, that he was going to unilaterally decide that he was going to delay the employer mandate. Not the individual mandate. Doesn't he have to go through Congress? Don't we have a system of checks and balances and co-equal branches of government? Doesn't he have to go to Congress for that?

BARRASSO: I believe he absolutely does. I would like to delay and actually repeal all those mandates specifically the individual mandate that says, everybody in the country has to buy government approved insurance. What people wanted in health care reform and what I want as a doctor is affordable care and access to care, and people get neither under this health care law.

Which is why unions are bailing on this, they have come out against the president, so many Democrats are spoken out against it. You have had Democrats in the House voting to extend this delay of the employer mandate by another year as well as the individual mandate. This is unraveling and it's not just Republicans, it's independents, it's Democrats, it's unions. Sean even the state of Massachusetts, the Democrats there have put in for a waiver so they don't have to live under the health care law. And the other reason to defund this is the city of Detroit, which is bankrupt, they want to fund some of their bailout by dumping people on to ObamaCare and the funding stream.

HANNITY: Congressmen, there are some of your colleagues that seem timid, they think maybe this is the wrong strategy. I had a debate earlier this week with Karl Rove, and he thinks it's the worst law that's passed in our time, I agree with him. And he said, it was sold and predicated on a whole bunch of lies told to the American people. But he thinks strategically it should be done differently, not through the effort of defunding. I know, every conservative I know wants Republicans to defund it. So where are your colleagues on this?

BURGESS: Well, it may literally be the only tool in the toolbox to try to keep the train wreck from happening. And, you know, look, you see the train wreck coming down the track, aren't you going to try to do something to keep that from occurring? The law was never popular, it's never enjoyed popular support. It's going to get worse when people understand -- right now you go to health in my state, and click on a few boxes to try to see what it's going to cost you in the open enrollment period, and it comes to a page that says, this page is empty.

September 15th, when people go to that page and see how much of premium the premium has increased, a young man aged 30, non-smoker right now, the premium average in the state of Texas last January was $360, I guarantee you it's going up. And it will be worse in September of 2014, leading into the 2014 elections. The Democrats will be clamoring for this thing to be defunded and repealed by then.

HANNITY: Now, back to Senator -- last question, the president's delay of the employer mandate, it's going to cost us $12 billion. Maybe in the world of trillion dollar deficits, that doesn't sound like a lot of money. That's a lot of money where I come from.

BARRASSO: Well, and that's because all of those businesses that were -- the incentives were to dump employees on to the exchange and just pay the fine, those fines aren't going to be collected. But I will predict to you tonight, Sean that, just as we had the Fourth of July surprise with this delay of the employer mandate, I will predict to you there will going to be additional surprises coming out because this administration can see clearly that this law is unraveling in-front of their eyes..

HANNITY: All right, guys. Thank you very much for being with us, I appreciate your insight.

BARRASSO: Thanks for having me.

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