Skip to comments.Will Obama revive an overturned ObamaCare through Executive Orders?
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 dont know. But theyve got contingency plans a-plenty.
— Marc Ambinder (@marcambinder) June 25, 2012
Over at The Corner, Avik Roy casts a skeptical eye:
Its not clear to me exactly how much of Obamacare can be reinstated via executive order. Its certainly conceivable that the president could issue costly mandates that affect private insurers. But the president couldnt 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 nations 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 Obamas 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.
Here's the problem. He can't MAKE anyway obey his orders.
Here's the problem. He can't MAKE anyone obey his orders.
I will obey no order from this person whatsoever.
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.
Congress needs to put a stop to all Executive Orders until after the election in November.
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.
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.
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.
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!
'Impeachment [of 0bama] Is Always a Possibility,' ... Senator Jon Kyl [R-AZ]
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).
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).
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!
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.
I hope he tries it. FUBO
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...
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.
Why not? He has already thumbed his nose at the SCOTUS over the Arizona immigration ruling.