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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