Saturday, November 16, 2013

Legality of Obama's "Fix" for Non-compliant Policies

After Obama retreated from his position and apologized for the broken promise of "If you like your plan, you can keep it", I had been wondering about the legality of the reversal and the continuation of non-compliant insurance policies.

Jonathan Adler, law professor at Case Western, then wrote this post on The Volokh Conspiracy, 'The Legality of the Latest ObamaCare Fix'

In short: No, it's not legal for the president to modify the law and allow the old plans to continue.

Long version: Technically, the law is not being changed; the executive branch is simply announcing that they will not enforce the law in this regard.
However, the administration wishes to reserve the right to change their minds at any time; thus the president's vow to veto any legislation that passes and officially changes the law to allow such plans to exist.

I do not know about the intricacies of the federal government, but I do think it's a bit conflicting of the Executive Branch simply decides not to enforce laws that it is Constitutionally (overused word these days, I know) obligated to.
Sort of violating individual rights, shouldn't it be necessary for the E-branch to enforce laws that Congress has passed? This is a large component of the Separation of Powers.

Either way, I think it's an interesting situation that the President has found himself in and am curious as to how this plays out further.

And if this Washington Post article is any indication, it should get a lot more interesting.
'The White House’s Obamacare fix is about to create a big mess' (Washington Post)

More reading:
'Obamacare fix could add millions of dollars in government costs' (CNN)
''Fixes' could end Obamacare as we never knew it' (Washington Examiner)

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