Friday, November 15, 2013

Obama’s Obamacare "Fix" – He Don’t Need No Stinkin’ Legal Basis

Once again, as he did with the Obamacare employer mandate, Obama has personally decreed that he will not enforce, for as long as it suits him to do so, certain requirements that are the law of the land under Obamacare.  There is some uncertainty whether all such requirements stem entirely from the Obamacare law itself, which cannot be changed without new legislation, or whether some stem from his regulations, which are legally changeable only once a certain lengthy administrative process has been followed (for example, a public notice and comment period).  Either way, neither the law itself nor the regulations pursuant to it have been legally changed and so remain in full effect.  Obama cannot change either with a speech.

Regardless, despite being Constitutionally required to enforce the laws of the land and having taken an oath to do so (on Lincoln’s Bible no less), Obama now asserts that he will not enforce certain parts of the law and legally-established regulations, without bothering to go through the long and arduous process of legally changing either, and will look the other way if insurance companies follow his suggestion to willfully break the law in renewing policies that violate the new law.  If the companies break the law and later get sued over a dispute under an illegal policy, well that’s the insurance companies’ problem since they’re bad guys anyways.  If such insurance companies decide not to break federal law and decline to re-establish  illegal policies, Obama says only they, the insurance companies, will be to blame for this mess. 

When asked about the legal basis for his highly selective non-enforcement of laws he is sworn to uphold and for his public encouragement to insurance companies to willfully break federal law, Obama, parroting the bandit leader’s crafty legal opinion voiced to the skeptical Humphrey Bogart in The Treasure of the Sierra Madre, said “Legal basis?! You want to see the legal basis?!  I don’t have no legal basis, I don’t need no stinkin’ legal basis!”

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