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Delaying the Employer Mandate Requires Delaying All of Obamacare
Cato Institute ^ | July 3, 2013 | Michael F. Cannon

Posted on 07/04/2013 3:29:56 PM PDT by grundle

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1 posted on 07/04/2013 3:29:56 PM PDT by grundle
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To: grundle

They must have gotten feedback that it was going to hurt their chances in the election.

They have to sneak in their agenda. If the public took its head out of its a$$ long enough to see what’s going on, the public would reject the dems.


2 posted on 07/04/2013 3:32:40 PM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: grundle
Obama can't selectively enforce law by Executive Order or backroom directions to his federal agencies. The law has to be changed and that requires the House, Senate and Executive to act. The ideal action is REPEAL. Eliminate the entire thing.
3 posted on 07/04/2013 3:36:32 PM PDT by Myrddin
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To: grundle

Despotism.


4 posted on 07/04/2013 3:38:10 PM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Myrddin

He did it with our immigration laws and nothing happened to him.


5 posted on 07/04/2013 3:39:04 PM PDT by Rusty0604
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To: Myrddin
Obama can't selectively enforce law by Executive Order or backroom directions to his federal agencies. The law has to be changed and that requires the House, Senate and Executive to act. The ideal action is REPEAL. Eliminate the entire thing.

Yes, repeal would be ideal.

Except that we're counting on the Republicans to do it, and they're incompetent.

6 posted on 07/04/2013 3:42:30 PM PDT by IncPen (When you start talking about what we 'should' have, you've made the case for the Second Amendment)
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To: grundle

I think it needs to go in effect as originally planned, and let the RAT chips fall next election as it may.


7 posted on 07/04/2013 3:49:13 PM PDT by rawhide
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To: grundle

How can a President delay a law passed by Congress???


8 posted on 07/04/2013 3:50:40 PM PDT by Hattie
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To: Hattie

“How can a President delay a law passed by Congress???”

Because no one stops him. He rules.


9 posted on 07/04/2013 4:04:35 PM PDT by Marcella (Prepping can save your life today. I am a Christian, not a Muslim.)
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To: Hattie
How can a President delay a law passed by Congress???

Well, he can't, of course. But the President isn't delaying a law: the provision of the ACA at issue here -- the so-called "employer mandate" -- is self-implementing. Among other things, that means that no further administrative action (e.g., IRS regulations, etc.) is required in order for the employer mandate to take effect beginning in 2014.

Per this provision of the ACA, an employer with 50 or more employees must, beginning in 2014, either (i) offer its full-time employees health insurance or else (ii) the employer will be liable to pay a tax (or a "penalty"; call it whatever you like), the amount of which is derived from a formula that takes account of how many full-time employees the employer had in 2014 for which it didn't offer insurance.

Nothing that the Administration announced this week changes this; because the pertinent provision of the ACA is self-implementing, any large employer who doesn't provide insurance to its employees beginning in 2014 will, by operation of law, be liable for the tax/penalty for 2014. What the Administration has announced is that it won't seek to collect any such taxes/penalties owed for 2014.

It's hardly clear to me, since estoppel generally doesn't run against the government, that the foregoing announcement has any true force or effect in any event. That is to say, if, at the end of 2014, the feds turned around and told employers "pay up, you had X-number of employees for whom you did not offer health insurance," that the employers would actually be entitled to any relief whatsoever. As far as I'm concerned, by operation of (the self-implementing) law, they would owe the money.

10 posted on 07/04/2013 4:06:04 PM PDT by DSH
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To: grundle
i thought selective enforcement of the law was illegal... wait, never mind
11 posted on 07/04/2013 4:08:24 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: grundle
First, the IRS’s unilateral decision to delay the employer mandate.....

When did this become an IRS decision? Morphing responsibility away from the regime? I thought the IRS simply determined compliance to the law and collected the penalties. Where did the get the authority to modify the law?

12 posted on 07/04/2013 4:11:20 PM PDT by Mike Darancette (Fight the culture of nothing.)
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To: DSH
Nothing that the Administration announced this week changes this;

I agree an employer could still be open to liability unless the Congress passes something.

13 posted on 07/04/2013 4:19:08 PM PDT by Mike Darancette (Fight the culture of nothing.)
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To: grundle
So Obama is granting to himself the power of a line -item veto?

-PJ

14 posted on 07/04/2013 4:21:39 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: grundle

Not the tax collecting portion.


15 posted on 07/04/2013 4:36:27 PM PDT by stockpirate (If conservatives in America were committed to liberty they would Cairo DC!)
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To: I want the USA back

Good


16 posted on 07/04/2013 4:49:29 PM PDT by GailA (THOSE WHO DON'T KEEP PROMISES TO THE MILITARY, WON'T KEEP THEM TO U!)
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To: IncPen

Gutless Old Party!


17 posted on 07/04/2013 4:50:35 PM PDT by GailA (THOSE WHO DON'T KEEP PROMISES TO THE MILITARY, WON'T KEEP THEM TO U!)
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To: grundle
When Obama ran for president the first time, he stated quite clearly that the difference between his program and hillary's is that his would be voluntary.

The answer might be to make his program voluntary and only covering medical care in clinics, and only covering the most inexpensive options to treat something. Won't happen, for sure. But that would be the way out.

18 posted on 07/04/2013 4:54:09 PM PDT by grania
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To: grundle

We are a nation of LAWS, not of men!

The law is the groundwork that makes everything else stable and possible. The law applies to everyone equally, no exceptions.

Obummer may NOT change the law as he sees fit. NO! That is tyranny, cold and clear.

Altering the terms of written law, without the approval of Congress, is an impeachable offense if ever I could imagine one! Somebody wake up the GOP!!


19 posted on 07/04/2013 4:54:59 PM PDT by DNME (Tired of being polite? Bring back the Sons of Liberty!)
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To: rawhide
I think it needs to go into effect...

Bad idea. Control of my body is not for sale for fantasies of better election results.

20 posted on 07/04/2013 4:55:54 PM PDT by grania
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