Obamacare’s Creative, Or Illegal, Rule-Making – Bloomberg.
The administration is already too reliant on creative rule-making to make the law work, such as their decision to delay the employer mandate even though it’s pretty firmly set into law. But now they’re reaching the limits of this strategy. There is always discretion in the implementation of any law, but that discretion is not infinite.
Moreover, this most recent exercise may create other problems. Jonathan Adler, a professor at Case Western Reserve University School of Law who is involved in one of the lawsuits against Obamacare’s implementation, points out in an e-mail that “the president’s action doesn’t make these policies legal, it just says the feds won’t enforce. State insurance commissioners may approve, but federal law still prohibits these policies.” Which makes me wonder: If those policies end up in court, will a judge go along with their creative approach? And if a judge doesn’t go along with it, what sort of chaos will envelop the insurance market?
That’s leaving aside the civic problems with having an administration that simply waives by fiat any rule that gets in the way of their grand designs. President Obama, who used to be so sharply critical of George W. Bush’s use of executive power, is now pioneering his own expansive views of what the president may do. The White House seems to believe that they are allowed to shinny around any rule, as long as they wrote it. I’d argue that this is exactly backward: They have an especial duty to uphold the laws that they themselves constructed, because if they don’t, why should the rest of us go along?
Repeat after me (& Megan)…
The White House seems to believe that they are allowed to shinny around any rule, as long as they wrote it.
Do you believe the end justify the means? To translate, that means:
something that you say which means that in order to achieve an important aim, it is acceptable to do something bad
I know how Boulderites would answer, which is why they are the 24 square miles surrounded by reality. Hopefully the rest of the nation and our political representatives know better.
