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Did Obama Flout the Law by Delaying Obamacare?
The Fiscal Times ^ | August 15, 2013 | Edward Morrissey

Posted on 08/18/2013 5:41:43 AM PDT by PJ-Comix

The Obama administration suffered a telling and potentially far-reaching defeat in the D.C. Circuit Court of Appeals this week on the need for the executive branch to abide by statutory law. While the issue at the center of the case involved an old and somewhat arcane controversy over nuclear waste, the implications may well alter the political calculus on immigration, drug policy and especially the rollout of Obamacare.

THE BACKGROUND

The appellate court ruled on a lawsuit arising over the White House’s refusal to complete the certification of Yucca Mountain in Nevada as a nuclear-waste site.  Yucca Mountain has been a political football ever since Congress and the Bush administration chose the site in 2002 to store nuclear waste.  

(Excerpt) Read more at thefiscaltimes.com ...


TOPICS: Politics/Elections; US: District of Columbia; US: Nevada
KEYWORDS: abortion; deathpanels; districtofcolumbia; employermandate; nevada; obamacare; zerocare
This ruling demolishes the strategy for the White House to delay the political impact of employer mandates and out-of-pocket caps on insurers until after the 2014 midterm elections. Those mandates were written into statute by Congress and signed by President Obama himself. Thanks to the manner in which the White House won its Supreme Court battle over Obamacare, these mandates are not prosecutions but taxes, enforced by the IRS. The law requires employers to report on health-insurance status each month, and it requires insurers to cover out-of-pocket expenses after a certain level.

The Obama administration cannot simply declare those mandates suspended on their own, as they have attempted to do over the past few weeks, no more than they can stall on Yucca Mountain indefinitely. The Department of Health and Human Services can only ignore these statutes, according to Aiken County, if the President finds them to be unconstitutional. That would be a neat trick, considering that the Obama administration fought for years to establish the constitutionality of the mandates. Otherwise, as the appeals court states, the executive branch has to work with the legislative branch to amend statutes with which they prefer not to comply, or follow the law.

1 posted on 08/18/2013 5:41:44 AM PDT by PJ-Comix
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To: PJ-Comix

Yes.

Next question?


2 posted on 08/18/2013 5:44:19 AM PDT by Cowboy Bob (Democrats: Robbing Peter to buy Paul's vote.)
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To: PJ-Comix

3 posted on 08/18/2013 5:44:39 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Cowboy Bob

The fact this idiot actually has to ask that question shows how pathetic his reporting is.


4 posted on 08/18/2013 5:48:07 AM PDT by maddog55 (America Rising.... Civil War II)
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To: maddog55

Ed Morrissey is NOT a reporter. He is the editor, publisher of Hot Air. The question was rhetorical since he knows the answer.


5 posted on 08/18/2013 5:50:13 AM PDT by PJ-Comix (Beware of the Rip in the Space/Time Continuum)
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To: PJ-Comix

What law? POS totalitarians can FORCE you to do something and they can do anything they want. What law?

FUBO
FUCONgress
FUUSSC


6 posted on 08/18/2013 5:54:24 AM PDT by PGalt
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To: PJ-Comix

To me, it’s too bad that courts will rule against the POTUS arbitrarily delaying tax laws like Obamacare.

I’ve never heard of a better national issue than a presidential candidate promising to delay the income tax for 4 years.

If politics is all about addition (what you can GIVE people) then the ability to give them ALL their tax money back is the ultimate winner.


7 posted on 08/18/2013 5:55:05 AM PDT by PaleoBob
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To: PJ-Comix

The writer thinks he knows what he is talking about, but does not.

The court has no enforcement capability ant the
treacherous tyrants will merely ignore the ruling.

There is no recourse against them.

Until a death factor is introduced into the law enforcement equation, laws will continue to be ignored


8 posted on 08/18/2013 5:58:32 AM PDT by bert ((K.E. N.P. N.C. +12 ..... Travon... Felony assault and battery hate crime)
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To: PJ-Comix

Ed Morrissey is NOT a reporter. He is the editor, publisher of Hot Air. The question was rhetorical since he knows the answer.


I doubt anyone really knows the answer because the answer is held by appellate court judges who are likely to rule in favor of them that brought them. Logic? Constitutionality? Fuhgetaboutit.


9 posted on 08/18/2013 5:59:15 AM PDT by PaleoBob
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To: Cowboy Bob

Yep, doesn’t take a genius to figure out that when an enacted law, signed by the President, is in force, he has no authority to delay NAMED dates in that legislation, period. It isn’t rocket science.

He no doubt is relying on some weasel lawyer/advisor’s interpretation of the myriad number of “the HHS Secretary at his discretions.....” within this legislation that apparently no one read - even the Supreme Court.

This law is the most egregious abuse of power, personal rights and freedom that has ever literally attacked this country, and it is not even fully implemented. It provides the framework for the Socialist Final Solution [see Germany circa 1939-1945], and it will be implemented by rabid ideologues from all walks of American life.

We are infested with traitors, ruled by a tyrant who is supported by functionaries who want only to control others’ lives for their personal pleasure. Perversion of our freedoms like this won’t stop; they will rather escalate to a final absurdity that is irreconcilable - just like sexual perversion in homosexuals and pedophiles.


10 posted on 08/18/2013 5:59:22 AM PDT by Gaffer
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To: PJ-Comix

Whaaaaat?!?!?

Our MuzziePOTUS has gotta live by THE LAW???????

Run for yer lives IT’S THE END OF THE WOIILD!!!!


11 posted on 08/18/2013 5:59:37 AM PDT by Flintlock ("The redcoats are coming" -- TO SEIZE OUR GUNS!!--Paul Revere)
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To: Cowboy Bob
Any Business that believes Obama on the Employer Mandate delay is foolish. It is the AHCA act (Obamacare) as written and signed into law that counts.

Obama can tweet all he wants about delays, but it is the law, as written, that can be enforced. So any business or business person that believes Obama that the Employer Mandate is delayed - is foolish.

12 posted on 08/18/2013 6:01:14 AM PDT by sr4402
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To: PJ-Comix

Speaking of Obamacare, I find it ironic that the GOP House is struggling over whether to defund Obamacare. The fact is, Obama (through executive Fiat) has already defunded Obamacare by delaying all the income generating mandates. Obama is serving the desert, but not the vegetables. What the GOP really should be debating is funding it in spite of all the income generating mandates being delayed for a year. Why spokespeople for the House can’t seem to get this message out is beyong frustrating. Say it ith me: OBAMA HAS ALREADT DEFUNDED OBAMACARE—by Obama himself!!

My strategy going forward would be to agree to raise the debt ceiling on condition that 1) Obamacare is implemented as written and according to law (sorry—it is the law) or 2) The entire law is delayed for one year via an act of Congress and a Presidential signature. This would force Obama to either embrace the entire law with all of its pain or reject the entire law for one year and admit it’s a mess. If he refuses to do either, the debt ceiling doesn’t get increased...which will be on Obama.


13 posted on 08/18/2013 6:02:36 AM PDT by Mustangman (The GOP)
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To: PaleoBob

I keep waiting for THE lightning strike. And waiting, and waiting, and waiting. It HAS to come one of these days,


14 posted on 08/18/2013 6:03:55 AM PDT by MestaMachine (My caps work, You gotta earn them.)
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To: Mustangman

To destroy Obamacare, one mus first destroy Obama.


15 posted on 08/18/2013 6:06:14 AM PDT by bert ((K.E. N.P. N.C. +12 ..... Travon... Felony assault and battery hate crime)
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To: PJ-Comix

duh


16 posted on 08/18/2013 6:09:06 AM PDT by yldstrk (My heroes have always been cowboys)
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To: Mustangman
Say it ith me: OBAMA HAS ALREADT DEFUNDED OBAMACARE—by Obama himself!!

My strategy going forward would be to agree to raise the debt ceiling on condition that 1) Obamacare is implemented as written and according to law (sorry—it is the law) or 2) The entire law is delayed for one year via an act of Congress and a Presidential signature. This would force Obama to either embrace the entire law with all of its pain or reject the entire law for one year and admit it’s a mess. If he refuses to do either, the debt ceiling doesn’t get increased...which will be on Obama.

And this is why I have POSTED that the best way to kill ObamaCare is to vote to fund it but only if the entire law is enforced including the employer mandate date written into the law.

17 posted on 08/18/2013 6:12:35 AM PDT by PJ-Comix (Beware of the Rip in the Space/Time Continuum)
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To: PJ-Comix

There is no way to enforce the enforcement provision you suggest.

The way to cure Obmacare is to get rid of Obama


18 posted on 08/18/2013 6:14:54 AM PDT by bert ((K.E. N.P. N.C. +12 ..... Travon... Felony assault and battery hate crime)
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To: PJ-Comix

Would employees have “standing” to sue their companies if the company did not follow the law and instead listened to Obama and acted on his exceptions to following the law as passed.

Even if it was not in their direct interest to force the entire law to be applied, it could force the issue of Obama trying to enact it a part at a time.

Just asking, since it seems that we, as citizens, lack “standing” to do anything.


19 posted on 08/18/2013 7:33:48 AM PDT by Gadsden1st
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To: PJ-Comix

Yes, it is just another day at the White House killing the Constitution.


20 posted on 08/18/2013 7:36:43 AM PDT by bmwcyle (People who do not study history are destine to believe really ignorant statements.)
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To: PJ-Comix

Did Obama Flout the Law by Delaying Obamacare?

_____________________________

Did he also flout the law by refusing to implement DOMA?

Time for the LIBERTY AMENDMENTS!


21 posted on 08/18/2013 10:02:38 AM PDT by SumProVita (Cogito, ergo....Sum Pro Vita - Modified Descartes)
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To: PJ-Comix

PJ, I heard Jamie Dupree opine last week that Congress gives bureaucrats powers to implement through regulation, or not implement parts of laws the Congress has passed. (One more reason to rein-in bureaucrazies). Of course this is what I would have expected Dupree to say since he disguises himself as non-partisan when in fact I can see through the veneer as easily as the rest of you.

This administration chose to ignore DOMA, chose to ignore the Congressional requests for documents regarding Bengazi, Fast & Furious, and on, and on. Is it lawlessness if we refuse to abide the edicts of this Administration and it’s ancillary bureaucracies?


22 posted on 08/18/2013 10:24:39 AM PDT by CARTOUCHE (Laredo, welcome to the 3rd world and leave your English at MM 13)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...

He had to delay the law to find out what’s in it.

Thanks PJ-Comix.


23 posted on 08/18/2013 7:40:48 PM PDT by SunkenCiv (It's no coincidence that some "conservatives" echo the hard left.)
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To: PJ-Comix

Agreed. I like to hook it into the debt ceiling argument for leverage, too. The GOP can refuse to raise the debt ceiling if the Obamacare isn’t enacted as mandated by Law. As an out for Obama, the GOP can say if Obama agrees to delay the entire law they’ll also be willing to increase the debt ceiling.

Obama would be damned if he did and damned if he didn’t. How in the heck can the public accuse the GOP of shutting down the government in this case? It’s a winner...so much so that I doubt very much Boehner and Co will try it. By the way, I’ve written Boehner’s office with this very plan.


24 posted on 08/19/2013 9:45:43 PM PDT by Mustangman (The GOP)
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