Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Will Obama revive an overturned ObamaCare through Executive Orders?
Hotair ^ | 06/27/2012 | Ed Morrissey

Posted on 06/27/2012 9:44:35 AM PDT by SeekAndFind

Let's take a moment off from baseless speculation over tomorrow's decision on ObamaCare for less-baseless speculation as to what comes afterward. What exactly are Barack Obama's contingency plans if the Supreme Court overturns ObamaCare, in whole or in part? On Monday, Marc Ambinder tweeted out this interesting update before it became apparent that the court would wait for Thursday to release its decision. According to Ambinder, the White House had a raft of executive orders at the ready:

The WH has exec orders RTG if ACA is struck down. Their content and timing I don’t know. But they’ve got contingency plans a-plenty.

— Marc Ambinder (@marcambinder) June 25, 2012

Over at The Corner, Avik Roy casts a skeptical eye:

It’s not clear to me exactly how much of Obamacare can be reinstated via executive order. It’s certainly conceivable that the president could issue costly mandates that affect private insurers. But the president couldn’t expand Medicaid on his own, or ration Medicare without congressional approval.

In fact, it depends on just how much of ObamaCare gets overturned, if anything at all does. If the whole bill gets overturned, then the executive authority to issue those kinds of mandates evaporates with it. That also impacts the HHS contraception mandate, in which the Supreme Court might do Obama a favor with a complete reversal, which would end the fight with Catholic bishops over religious liberty. The EOs would become moot, since insurance companies cannot issue policies across state lines at all.

A partial overturning of just the mandate and/or other subsidiary parts of the ACA might leave enough jurisdiction for the White House to issue EOs that shore up the remnants. However, while that legal opening might arguably exist, it would probably be political suicide to take advantage of it. ObamaCare remains very unpopular with the public, a status confirmed once again in the latest WaPo/ABC poll:

Fifty-six percent of Americans rate the nation’s current health care system unfavorably in a new Washington Post-ABC News poll, while 52 percent regard the “federal law making changes in the health care system” in a negative light.

The numbers are even more stark when they are broken down into those who feel strongly favorably versus strongly unfavorably about each system. In each case, the number of people who feel strongly opposed is more than twice those who feel strongly in support — a testament to the fact that all of the energy on health care is on the side opposing both the old/new system.

And perhaps most interestingly, Americans who are not happy with their current health care also give Obama’s health care law negative ratings, by a 2-to-1 margin.

With that in mind, will a President aiming for re-election in just four months use the oft-abused and unpopular EO process to reimpose parts of an already-unpopular bill that had just been shot down by the Supreme Court as an overreach on federal power? Perhaps, but they would be risking a huge amount of backlash — and for what? To force an unpopular bill down the throats of American voters, this time without the political cover of Congress? I’m not sure that even this administration is that tone-deaf.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: obamacare

1 posted on 06/27/2012 9:44:45 AM PDT by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind
I said he'd have a handful of executive orders ready.

Here's the problem. He can't MAKE anyway obey his orders.

2 posted on 06/27/2012 9:47:31 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
I said he'd have a handful of executive orders ready.

Here's the problem. He can't MAKE anyone obey his orders.

3 posted on 06/27/2012 9:47:44 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I will obey no order from this person whatsoever.


4 posted on 06/27/2012 9:50:45 AM PDT by chris37 (Heartless.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

He can’t impose the mandate via executive order. And if he tries that’s one EO I’ll just wipe my butt with. Here in the circle city we don’t cotton to jugeared Islamist dictators.


5 posted on 06/27/2012 9:53:33 AM PDT by circlecity
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Congress needs to put a stop to all Executive Orders until after the election in November.


6 posted on 06/27/2012 9:53:44 AM PDT by RC2 (Buy American and support the Wounded Warrior Project whenever possible.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
If the law is ruled unconstitutional, then the contents of the law are just as unconstitutional if imposed by executive order. I honestly don't believe even Obama would be stupid enough to try, if for no other reason than such a blatant disregard of the Supreme Court would have the federal courts putting the executive order on hold ten minutes after the first challenge was filed.
7 posted on 06/27/2012 9:53:44 AM PDT by apillar
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Will Obama revive an overturned ObamaCare through Executive Orders?


Of course. There is no doubt whatsoever he will. He said he didn’t have the authority to act on the Dream Act without Congress,,,then went right ahead and did just that. He will ignore the SC also.


8 posted on 06/27/2012 9:59:32 AM PDT by chessplayer
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
I find it hilarious to see multiple threads on the SCOTUS 0bamacare decision coming tomorrow where many nattering nabobs of negativitism are weeping and gnashing their teeth, lamenting their conclusion that SCOTUS and in particular Chief Justice Roberts will cave on 0bamacare [NOT happening].

Juxtapose this with multiple threads like this one, where you see over and over, since early April, panic and desperation on the part of 0bama & minions as they anticipate the SCOTUS completely overturning and throwing out the entire unconstitutional and unseverable 0bamacare.

9 posted on 06/27/2012 9:59:44 AM PDT by Servant of the Cross (the Truth will set you free)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

IIRC this bill was self funded up front in the passing of the legislation, therefore the House as controller of the purse strings is not in a position to stop the momentum by stopping any funding. It would take the full Congress I would believe to do so under these peculiar circumstances, and the smug Democrats are not in a cooperative mood.

This misadministration will push to have as much of Obamacare in place as they can to set precedence, and deter any future actions against this act.

He just might win on this. I don’t see any testosterone in the POTUS’, or the Congressional future sufficient to overturn the Democrats actions.


10 posted on 06/27/2012 10:01:30 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Servant of the Cross

Until the Speaker of the House grows a pair...King Edward Obama will do whatever he pleases. Its over due for him to MAN UP!


11 posted on 06/27/2012 10:02:11 AM PDT by JohnD9207 (Mitt better grow a pair or this thing will be over soon.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: RC2
Congress needs to put a stop to all Executive Orders until after the election in November.

'Impeachment [of 0bama] Is Always a Possibility,' ... Senator Jon Kyl [R-AZ]

12 posted on 06/27/2012 10:03:07 AM PDT by Servant of the Cross (the Truth will set you free)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Sacajaweau

I think he will issue a few mild ones before the Election. If he wins the Election, look for him to try to order the whole thing—the Constitituion be damned (as far as he is concerned).


13 posted on 06/27/2012 10:03:59 AM PDT by rbg81
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

If he tries to legislate by executive order he should be impeached promptly. I’d love to see his skinny ass frog-marched out of MY house (along with Mrs. Big-Butt).


14 posted on 06/27/2012 10:05:10 AM PDT by beethovenfan (If Islam is the solution, the "problem" must be freedom.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
Will Obama revive an overturned ObamaCare through Executive Orders?

You can count on it! Emperor Hussein I, First Dictator of Amerika, will decree new edicts that will mandate the parts of 0bamascare that are struck down!

15 posted on 06/27/2012 10:11:23 AM PDT by The Sons of Liberty (An Appeal to Heaven)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

He’ll probably immediately implement the death panel part. He’ll issue an EO banning the sale of any drugs to the elderly, as well as any medical proceedures.


16 posted on 06/27/2012 10:14:38 AM PDT by Cementjungle
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I hope he tries it. FUBO


17 posted on 06/27/2012 10:18:52 AM PDT by crosshairs
[ Post Reply | Private Reply | To 1 | View Replies]

To: chris37

You don’t have to obey...but your insurance carrier, Dr and hospital WILL obey...they are doing it now.

You can, I suspect, continue to refuse to go along but eventually they will withold services if you refuse to play.

But I keep tweaking them over it every chance I get anyway...


18 posted on 06/27/2012 10:22:56 AM PDT by Adder (Da bro has GOT to go!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: SeekAndFind

Isn’t Obamacare his personal objective legacy for his presidency?

If he doesn’t overturn it, he admits failure.

If he does overturn it, he’ll have hell to pay.

I’m sure they’re all plotting and planning now.

This could be interesting.


19 posted on 06/27/2012 10:29:00 AM PDT by Lady Jag (If you can't make them see the light, let them feel the heat. - Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Why not? He has already thumbed his nose at the SCOTUS over the Arizona immigration ruling.


20 posted on 06/27/2012 10:32:37 AM PDT by Churchillspirit (9/11/2001. NEVER FORGET.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Adder
You don’t have to obey...but your insurance carrier, Dr and hospital WILL obey...they are doing it now.

They are doing it now because there is a law on the books that says they have to. If the Court strikes it down, there will be no law. Unless Obama can find a way into intimidating them into complying (and no, I wouldn't put it past him), they can tell him to go pound sand. Likewise, the States can tell him to shove it. He may be able to get away with dictating by executive order on immigration because the enforcement agency works for him, but private insurers, hospitals,and States do not. It's time for all parties concerned to start putting their collective foot down.

21 posted on 06/27/2012 10:46:37 AM PDT by Jess79
[ Post Reply | Private Reply | To 18 | View Replies]

To: chessplayer

“Of course. There is no doubt whatsoever he will. He said he didn’t have the authority to act on the Dream Act without Congress,,,then went right ahead and did just that. He will ignore the SC also.”

You are right. When the court said Arizona could question people they suspected were illegal, Obama had an order ready to go to order ICE, Homeland Security, not to answer calls from Arizona regarding whether or not someone was illegal.

That was shocking, so I have no doubt he is ready to order something if his mandate to buy health insurance is revoked by the court.

He simply doesn’t care about the court or the consitution - he’s going to do what he wants and to hell with the people of the US.


22 posted on 06/27/2012 10:46:37 AM PDT by Marcella (God wouldn't vote for Romney so I won't, either.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: SeekAndFind
With that in mind, will a President aiming for re-election in just four months use the oft-abused and unpopular EO process to reimpose parts of an already-unpopular bill that had just been shot down by the Supreme Court as an overreach on federal power? Perhaps, but they would be risking a huge amount of backlash — and for what? To force an unpopular bill down the throats of American voters, this time without the political cover of Congress? I’m not sure that even this administration is that tone-deaf.

**********************************************************

This makes perfect sense. Obama would be a fool to use an EO to reinstate that which the SC strikes down should they actually do that. Why alienate so many people just before an election when, if he wins he can do it immediately afterward and if loses the next president will simply unwind it anyway.

23 posted on 06/27/2012 10:54:50 AM PDT by scram2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Servant of the Cross

Of course, the confidence was quite shaken by the SB1070 vote! - the SB1070 cave by the SC, while knowing that the president would disrespect their decision, shows how complacent the justices are.

I say based on the 1070 vote, it’s a toss up tomorrow - leaning toward Obamacare being narrowly upheld.


24 posted on 06/27/2012 10:59:00 AM PDT by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: atc23
Here's analysis on why the SB1070 vote went as it did, and why my confidence in the Chief Justice is not shaken at all.

Actually it's my understanding that CJ Roberts joining the majority on Arizona was more tactical than a reflection of his actual views. If he would have joined Alito, Thomas, and Scalia. The court would have split 4-4 (Kagan recused) and the 9th circuit ruling striking down ALL of the Arizona law would have stood. So in joining with the majority he got Arizona 1/4 of a loaf, which I suppose is better than nothing.

25 posted on 06/27/2012 11:05:15 AM PDT by Servant of the Cross (the Truth will set you free)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Servant of the Cross

Of course they’ll cave. They’ll punt the majority of it and only rule on the individual mandate, leaving the gigantic bureaucracy that will slowly crush us out of existence anyway.


26 posted on 06/27/2012 11:15:59 AM PDT by Crazieman (Are you naive enough to think VOTING will fix this entrenched system?)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Adder

Well, I don’t have an insurance carrier, I’m self pay.

I’m not certian how either of my doctors would react to such an order form the president, but they are both ex military conservatives, I expect they may both close their practices.

If worse comes to worse, I’ll stop going to the doctor and die when God calls me home.


27 posted on 06/27/2012 12:02:20 PM PDT by chris37 (Heartless.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Jess79

Actually, right now, the law has been declared unconstitutional by a lower court. IIRC, zero said they were implementing it ANYWAY pending the SCOTUS decision...but technically they are in violation of the law.

I hope he does not pull that executive order stunt...hate to have to get irritated with my doc.


28 posted on 06/27/2012 12:17:44 PM PDT by Adder (Da bro has GOT to go!)
[ Post Reply | Private Reply | To 21 | View Replies]

To: SeekAndFind

The house will never fund his EO he can try whatever but it will end up with a fight right back at the SC where they will not look kindly upon Obama ‘s over reach.IMHO the whole thing since it has no severability clause is gone if one part is struck.


29 posted on 06/27/2012 12:27:49 PM PDT by chris_bdba
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

This IMHO is going to be Obama’s very terrible week.First today a Florida court rules that Florida will proceed with the voter purge mandated by federal law.Tomorrow comes the HC decision and also the contempt vote.I bet when we see him on Friday he will be a screatching maniac!


30 posted on 06/27/2012 12:32:10 PM PDT by chris_bdba
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson