Skip to comments.Obama claims ‘enforcement discretion’ to make Obamacare changes
Posted on 11/14/2013 4:56:12 PM PST by george76
Obama said Thursday that whats good for illegal immigrants is also good for people who are losing their health insurance because of Obamacare, saying hell use prosecutorial discretion to let companies continue to offer health plans that violate his law.
Its the latest example of the White House trying to work around Congress and instead take action on its own, and in this case it comes as Mr. Obama seeks to stop a wholesale abandonment of his health law by Democrats who have watched the rocky rollout.
That immigration policy, known by its acronym of DACA, has proved controversial as well. Under it, Mr. Obama has determined that young illegal immigrants shouldnt be deported, even though the law calls for that.
A federal judge in Texas ruled that the administration had exceeded its power in telling immigration agents not to arrest or deport those young illegal immigrants.
(Excerpt) Read more at washingtontimes.com ...
This has to be satire.
Lawsuits by the weekend...
Rule of Law no more.
A company that fails to comply with that law is still violating the law ?
The list, Ping
Let me know if you would like to be on or off the ping list
Sorta like a RETRO Line Item veto...
Can you imagine the reaction if a Republican president came out with anything like this.
I can just picture Chuck Schumer on the Sunday talk shows, with a grave expression on his face, intoning something like this: "under our Constitutional form of government, the President doesn't get to decide which laws to enforce and which laws to ignore. One would think that a President who claims to have been a Constitutional Law Professor would know that."
But when a Democrat is in the White House, it's more like "hey, that's cool."
Judge Dredd - I AM THE LAW.
REPEAL OBAMASCAM NOW!
if republicans aren’t going to correct this and neither will the military it falls onto us.
My first thought too but afraid not.
Everything he gets away with is setting another precident. That’s why he should have been impeached back in 2008 when he decided certain laws he didn’t like would not be enforced.
IMPEACH the Kenyan organizer
Under Obama, the line is -- "We do what we want. You can't stop us."
I can’t remember, did the President swear to faithfully execute or faithfully exploit the laws?
One downside of enforcement discretion or prosecutorial discretion is that it can disappear as quickly as it appears.
The US President is charged with faithfully executing the laws of the nation, ALL of them.
However, the a$$clown that occupies the office right now sees himself as a monarch, a dictator, and he’s given to enforcing only those laws that serve his goal of forcing America into a communist society, with himself at the top.
Laws are mere devices for his use, as he sees fit, or to discard as he wishes.
He cannot leave a minute too soon, IMO.
Arbitrary enforcement = KENYA.
“he law is WHAT I SAY IT IS”
what’s Magna Carta...?
Ask yourself this. Congress stood by and let him get away with Fast & Furious, Benghazi the killing of 20 Seals, Doma, and Amnesty,
Does anyone really think they will buck him on this?
Who will take him on?
Three quick points:
1.) Tyrant Obama cannot legally change the Obamacare Bill that he signed into Law.
Only the US Congress can legally change the Law, which then can be signed by Obama.
2.) The MANDATORY dictate in Obamacare is the only factor that is essential to that Federal Law.
Take out the MANDATORY dictate in Obamacare, and only the Federally subsidized, or chronically unhealthy will buy it.
What would be the incentive for increased consumer demand for policy purchase of a NON-MANDATORY Obama Socialized Health Insurance Tax (OSHIT) instead of purchasing a policy from a private insurance company?
3.) Will the House RINOs think of either of the above two points? I seriously doubt it.
Since its all Laws are now Discretionary, I will be implementing Tax payment Discretion.
At least King George admitted he wasn’t giving us representation.
Who will be the American Cromwell?
The King has turned on the people.
...otherwise, we’re officially a Banana Republic.
his recreational drug use is really starting to tell on him
How many times is this POS going to break the law and walk???
Impeachment is not enough, he needs to be locked up for a long time.
High crimes and misdemeanors???
I guess as soon as those impeachment articles for Eric Holder are ever filed...Like they said they would do today, yesterday...
We might get to see this house of cards fall...
Not holding my breath...
Have to VEHEMENTLY disagree. He's gone a bridge too far. He's done something that affects the Low Information Voter.
There is no stinkin’ way this guy EVER even attended a class on constituional law let alone taught it.
What he’s doing is unConstitutional.
Aw forget it, no one’s listening (or cares) :( .
>> Rule of Law no more.
Enforcement of Law no more, or actually skewed.
Have to VEHEMENTLY disagree. He's gone a bridge too far. He's done something that affects the Low Information Voter. It's curtains.
I've been making the same point for weeks. Many of the egregious things Obama's done up to this point, were targeted to hurt only certain segments of the population that defied him, or who got in the way of his agenda.
Not this. This hurts Americans across the boards - including those who've so fervently believed in him the whole way through. It's why he's suddenly trying to stave off the worst of the pain through Imperial Edict. He and his cronies are already feeling the backlash from 'their people'.
And it's only just begun.
That's been obvious from his early days in the White House. What he knows of the Constitution, he learned at the knees of radical Marxist professors who despise the Constitution and our founding.
He knows that stuff like the back of his hand, but can't explain with any authority how our form of government works under its root document. It shows in everything he does.
Once you join the Mafia, there's no leaving the Mafia. The GOV can lie
and do this all they want. Blackmail.
I was wondering how Obama could wave his magic dictator’s wand and “allow” insurance companies to offer non-compliant policies. He’s telling them: “Don’t worry, it’s OK to issue illegal policies because I promise my administration won’t prosecute you.” In other words, Obama can’t make the policies legal, so he’s encouraging the insurance companies to break the law.
There might be three or four ‘maverick’ insurance companies out there...willing to just take the President’s vouch that all-is-OK. But most insurance companies are filled with lawyers in the top level of management, and they look at the threat of lawsuits on a continual basis.
If the law says “X”, and someone says they invented a waiver, but it’s not part of written law, then some idiot can drag you into court and pursue a case against your company for a marginal health insurance policy.
I’d take a guess and say thousands of lawyers are now reviewing this possibility, and just waiting for 1 January to roll around.
So, I’m going to take this humble guess. In two weeks, several insurance companies announce after reviewing the mess...they won’t offer old-style policies in 2014. It’s too risky.
Then, all heck will break loose in early December as Congress must now get into the mess. If they could write 2,000 pages of crap, never read it or comprehend it....then they’d go and repeat the entire exercise again.
A bigger mess? I think between the budget crisis....yet to unfold in December, and this massive game to be played out....it’ll be an exciting month for intrigue and dimwittedness.
I viewed an exam of “Professor” Obama when he was “teaching”. One of the exam questions was about the rights of a gay couple in adopting a baby.
Not much about the constitution, all about agitating.
By bypassing congress, Obama’s “I am the Law” BS is just that. It only exists in his head. He has no authority to do what he is trying to do and bypass Congress.
Autocratically cherry-picking which pieces of the law will not be enforced is simply illegal.
Can we subjects claim “abidance discretion” to 0bamacare?
And Dubya said he couldn’t open up ANWR for drilling in 2002, despite a 90% approval rating, a Patriot Act which permitted environmental waivers for ‘national security’, and a Senate which refused to even vote on it.
The low information voters are signing up for free Medicare, but I hope you are right.
We shall see, so far the republicans are mute.
So then the rule of law is irrelevant.
It’s enforcement that rules the day.
Who needs Congress or the Presidential pen??
As an attorney who has represented insurance companies for over 25 years, I can assure you that none of them are going to issue policies that do not comply with the letter of the law.
This promise by Obama is just another lie intended to shift the blame from him onto the evil insurance companies (who will ignore his dictatorial edict)
Obamacare must be repealed and Obama must be impeached.
Enforcement discretion is when a cop ignores a jaywalker.
Don’t count on it.