What This Morning’s Obamacare Announcement Means

Tyler Durden's picture

By Timothy Sandefur of Pacific Legal

Lawlessness: what this morning’s Obamacare announcement means

President Obama this morning announced that he would be issuing an administrative order—which requires no Congressional review—delaying the implementation of provisions of Obamacare that had led to the cancellation of a million or so insurance policies. This follows on the Administration’s similar delays of the Employer Mandate and the Individual Mandate. According to CNN, this morning’s delay is supposed to “cover millions of people who have had their insurance policies cancelled,” but the fact is that in many states, it won’t even do that—because insurance companies, anticipating the implementation of the new law, long ago decided to cancel these policies. Surprise!—except for the attentive observers who have been warning about this for years. Moreover, many states—including California—which are already going along with Obamacare are already beyond the Administration’s reach, because those insurance policies were cancelled by state agencies. This morning’s delay can’t do anything about that.

But there’s a much deeper problem at work here: the lawlessness of Obamacare, root and branch. The problems began with its initial enactment—first the Individual Mandate was supposed to be a “regulation of commerce.” That was unconstitutional, and the Supreme Court finally said no…only to rewrite the law by declaring it to be a “tax” instead. That doesn’t work either, though, because the Constitution requires that tax laws originate in the House of Representatives, and Obamacare began in the Senate. Meanwhile, the contents of the law—which members of Congress didn’t bother to read before they passed—gave away tremendous new powers to administrative agencies to write new rules to fill in crucial blank spots in the statute itself. For example, the Individual Mandate forces Americans to buy “minimum essential coverage”—but that term was left up to unelected bureaucrats in the Department of Health & Human Services to define later. And the law created a powerful new independent agency, the Independent Payment Advisory Board, and gave it power to write law about Medicare reimbursement rates without any checks and balances…and tried to make the law itself unrepealable.

Now come unilateral administrative delays on the order of the President. Keep in mind what these delays really are—they are not new laws, or amendments to the law…they are orders from the President to his subordinates to simply not enforce laws that are on the books. The Employer Mandate, for example, was “delayed” by an order that simply instructs Executive agencies not to enforce the reporting requirement. A company that fails to comply with that Mandate is still violating the law—it’s just that the President has chosen to look the other way for now.

The Constitution of the United States says that the President “shall take care that the laws be faithfully executed.” That provision was written because the Founding Fathers had experienced the arbitrariness of a government in which the British monarchy picked and chose which laws to enforce and which laws to ignore. The result of such political control over the law was, they knew, a breakdown in the rule of law—and a breakdown that allowed the powerful and politically well-connected to manipulate the system at will. As James Madison warned in the Federalist, “mutable” laws

poison[] the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

Unfortunately, today’s administrative state gives so much power to unelected bureaucrats—who are protected against any meaningful control by voters—that they can alter, manipulate, and change the law almost at will. The result is a breakdown in the rule of law and an arbitrary system in which the government operates, not according to predictable standards and meaningful rules, but according to political whim and in arbitrary, day-to-day, ad hoc manner.

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HedgeAccordingly's picture

Means they are going to spend more $$$ on crap.... buy more bonds.



Pladizow's picture

Name a president who was better then his predecessor?

America is fucked!

"As democracy is perfected, the office of the President represents, more and more closely, the inner soul of the people. On some great and glorious day, the plain folks of the land will reach their heart's desire at last and the White House will be occupied by a downright fool and complete narcissistic moron." - H.L. Mencken, The Baltimore Evening Sun, July 26, 1920

boogerbently's picture

The one and only accomplishment of this administration is based on lies, riddled with faults, and can't possibly work, unless they have a way to support it with the fines from all the people who can't afford the plan.

They are using the website fiasco to divert our attention from the program, itself.

Hoping this ruse will be successful until AFTER the next elections. We can keep our plans......for ONE year!

That's not what was promised.

Wait until the "temporarily postponed" Employer Mandate kicks in.

The Dems will kill obamacare just to try to save their own necks.

There are only 2 possibilities.

They intentionally lied, or they ALL.....EVERY ONE OF THEM, voted for and promoted a program they knew nothing about.

NidStyles's picture

Seeing how the majority of their supporters are, I would venture to say it's the latter of the two.


I have never met a more ignorant and cluelessly naive group of people in my life.

Truthseeker2's picture
Obamacare: Was the ACA a planned legislative disaster?



whotookmyalias's picture

I guess I have a different defintion of "accomplishment".  YMMV.

knukles's picture

See, so here it is.
Especially when one has people with little moral or ethical anchors at the helm.
The variability and predictability, if only in the sense of some continuity of policy, becomes moot.
Meaning Helter Skelter prevails

And Markets Loathe Uncertainty

At some point the damage wrought will become Biblical

Joe Davola's picture

This dickweed stands up there and claims it's terrible some people are losing out because of what he has wrought.  Hitlery was more succinct almost 20 years when she said (in her grating preachy voice) "I can't be responsible for all the underfunded businesses (that would have been destroyed by her attempt to take over health care)."

Bindar Dundat's picture

The Canadian medical system is shitty but stable -- compared to what you are getting with Obamacare it is down right attractive. When did you guys go further to the left then us Canucks?

newdoobie's picture

Stable my ass, transgender surgery is covered and availiable but if you need a podiatrist in New Brunswick its a 10 year wait!


The Alarmist's picture

"Name a president who was better then his predecessor?"

Many of you might not have liked him, but would find it hard to argue that Reagan was a brief uptick in that sad downward trend ... Lincoln stands out among a long line of reputational midgets between Andrew Jackson and Teddy Roosevelt, both of whom were particularly colourful albeit ineffective.  If you define "better" as being effective, Wilson and FDR were both very effective at accomplishing radical, albeit evil transformation ... Big O will no doubt go down in history as a cross between Wilson and Carter, god help us all.

nmewn's picture

It is they who had better start praying my friend.

People who I would have never suspected...left, right and in the middle are pissed. One is my ex-supervisor who is still down on the TP and we've argued/discussed issues many times but he's on the verge of snapping.

Our conversation won't be related here...but he's of the same opinion as me...when the RoL died, we both knew heads are fittin to roll.


Its just like this shit...look how WE are spoken to or about:


"Meanwhile, in the House, patience among Democrats was wearing remarkably thin. Lawmakers in that chamber were, by and large, staying away from a Republican-pushed measure that would allow people to stay on their plans for another year. But top aides were warning of a swarm of potential defections should the Obama administration not introduce its own administrative fix for the issue of canceled health insurance plans by the end of the week."

First off...this word..."allow". WTF are we, dogs...children, what? Allow?!?!...pompous fucktards. 

Then this other bullshit..."administrative fix".

Let me tell you something you anally retentive fuckwads..."administrators", bureaucrats, regulators and all other un-elected parasitical leeches ARE SUPPOSED TO FOLLOW THE LAW...not make it or "change" it.

Its coming you bastards and hell's coming with us.

nmewn's picture

"You walk into this room at your own risk, because it leads to the future, not a future that will be but one that might be. This is not a new world, it is simply an extension of what began in the old one.

It has patterned itself after every dictator who has ever planted the ripping imprint of a boot on the pages of history since the beginning of time. It has refinements, technological advances, and a more sophisticated approach to the destruction of human freedom.

But like every one of the super states that preceded it, it has one iron rule: logic is an enemy and truth is a menace."

With everything to gain and left with nothing else to lose, we are unconquerable.

Miffed Microbiologist's picture

The problem Nmewn is you speak as though freedom is an attribute sought by all. To you,these are unalienable rights vs the devine rights of kings. You are a tiger pacing around in a zoo cage as opposed to the hoof stock munching hay in their feeders. Enhance the beauty of the cage, remove bars and create a natural setting, you will still pace knowing it is still a cage. You do not realize there are multitudes of hoof stock who don't want freedom and are more comfortable in their prison of safety rather than the life on the Serengeti. That you are caged suits them just fine. This is their Truth and they will do anything to keep it that way.

The freedom lovers of my association are unwavering. They know what is at stake, know history and their resolve is strong. The hoof stock are still fully hoof stock. " Just give it time to work" appears to be than mantra du jour. I see more polarization. If it goes down, most will just surrender even though they, sadly,out number their oppressors. I am saddened to not see much courage in the average people nor an understanding what life under dictatorial rule really means.


nmewn's picture

To take some poetic license, I guess there are a lot of tigers here trying to herd someone elses kittens away from being trampled by the hooved stock, no doubt.

But it occurs to me that there are some kittens that cannot or do not want to be saved and I don't waste my energy on the suicidal kitty's anymore...every kitten saved now is worthy of our efforts & personal sacrifice.

As its always been ;-)

Miffed Microbiologist's picture

What you are describing Nmewn is Triage. Anyone on the battlefield or participating mass casualties has experienced this. For instance, those who are dead are toe labeled black so everyone skips over them. Others whose injuries require too much intervention to save their lives are skipped for those who are most likely will live. It is heartless but a pragmatic approach to saving most given limited resources available. Few in USA have experienced this and erroneously assume they will always have a social infrastructure that will support them. I guess I should be thankful I have experience life threatening disasters and have been left with only my own wits to survive. What doesn't kill you will make you stronger.


acetinker's picture

Miffed, that was beautiful.  Still, you know at the end of the day, that those who avoid you and consider you crazy will be the very ones most affected by the shit goin' down...

Maybe you and nme should write a new bible.

Miffed Microbiologist's picture

Thanks. ;-)

The pathetic truth is I lose at any turn of events. I fully described this Obamacare fiasco as an impending disaster designed as a course to single payer as most hear predicted. I thought I wasn't being prophetic, just stating the obvious. I am branded as " negative" and "cynical".

I actually was accused by one who claimed I was happy it had come about to fulfill my need to see Obama fail! It is so amazing to see some so fully entrenched in their faith in a mad man, just as many felt Hitler was the answer and excused his followers atrocities. It's hopeless at times to realize how few people REALLY get it and can be counted on when things go bad. I guess I should take heart that the percentage of people who participated in the American Revolution was not great as well.


Bad Attitude's picture

...when the RoL died, we both knew heads are fittin to roll.

Yup, things are going to get ugly. Those at the forefront of ignoring the rule of law are drunk with their own hubris. Now they now control the levers of government and have no compunction about using the power of government to punish and stifle their enemies. They keep pushing and pushing, but at some point there is going to be a backlash. Payback will be a bitch.

Forward (over the cliff)!


nmewn's picture

The hits just keep on coming:

Obamacare plans will cost MORE 'in many cases' even with government subsidies, officials admit for the first time


keesooi's picture

"Effective" does not mean better. In fact the best presidents were those who had the good sense of getting out of the way of the citizens. My vote is for Harding and Cleveland. Harding, because, well, a monkey would have been better than Wilson.
With the exception of Jackson, the ones you are mentioning were all first rate assholes.

nmewn's picture

Just to set the record straight, we didn't.

johnQpublic's picture

schoedingers cat is in pandoras box

they voted to look into the box, and killed the cat


and thats the story of obamacare

odatruf's picture

Of course; they were told by the Speaker that they had to pass it in order to see what was in it.


The Alarmist's picture

They were hungry ... they voted to open the box so they could eat the cat.

Keyser's picture

The only thing this means is that the administration will selectively choose who gets hammered by the law and who doesn't. If you are a political adversary of the Obama administration, you better lube up if you do not comply with the letter of the law, regardless of what the Nigerian Prince says. 

SWRichmond's picture

The rule of law is dead.  Long live the Lockean State of Nature.  You now have only those rights you are willing to assert.


Henry V:

I pray thee, bear my former answer back:

Bid them achieve me and then sell my bones.

Good God! why should they mock poor fellows thus?

The man that once did sell the lion's skin

While the beast lived, was killed with hunting him.

A many of our bodies shall no doubt

Find native graves; upon the which, I trust,

Shall witness live in brass of this day's work:

And those that leave their valiant bones in France,

Dying like men, though buried in your dunghills,

They shall be famed; for there the sun shall greet them,

And draw their honours reeking up to heaven;

Leaving their earthly parts to choke your clime,

The smell whereof shall breed a plague in France.

Mark then abounding valour in our English,

That being dead, like to the bullet's grazing,

Break out into a second course of mischief,

Killing in relapse of mortality.

Let me speak proudly: tell the constable

We are but warriors for the working-day;

Our gayness and our gilt are all besmirch'd

With rainy marching in the painful field;

There's not a piece of feather in our host--

Good argument, I hope, we will not fly--

And time hath worn us into slovenry:

But, by the mass, our hearts are in the trim;

And my poor soldiers tell me, yet ere night

They'll be in fresher robes, or they will pluck

The gay new coats o'er the French soldiers' heads

And turn them out of service. If they do this,--

As, if God please, they shall,--my ransom then

Will soon be levied. Herald, save thou thy labour;

Come thou no more for ransom, gentle herald:

They shall have none, I swear, but these my joints;

Which if they have as I will leave 'em them,

Shall yield them little, tell the constable.

nevket240's picture

Look no further than any article regarding this arsehole. Morry Strong.


In time he and his ilk will be seen as the greatest mass murders history will ever see.

Greater than all the other Leftists combined. Hitler, Stalin, Mao.


Herd Redirection Committee's picture

LONG Airlines and Medical Tourism.

Running On Bingo Fuel's picture

You know something, that is a very good point. The only thing missing is the trust factor, right?

These big corporations offshoring everything. Fuck'em, we need an Angie's List, or Trust Dale to bridge the trust gap in offshore care.

Does this exist?


The Alarmist's picture

"Long Airlines and medical tourism."

They have a special carbon tax for that ... the airline fares of the era before deregulation are going to look sweet after TPTB figure out they can use carbon taxes to keep you where they want you.

whotookmyalias's picture

They also have voluntary carbon taxes. I've not been able to stop laughing long enough to explain why I won't voluntarily pay a carbon tax.  They generally interpret the laughter as a "no thanks".  LOL

Wahooo's picture

Just impeach the mutherfucker. He's already committed several felonies with this law, including misrepresenting the healthcare law and its policies.  I don't think the Dems could withstand an impeachment process at this point, and a lot might jump on board.

odatruf's picture

Fanciful, but absurd.

Lying isn't a felony unless it is under oath. Like with Bush, none of the things you really hate about how Obama governs are impeachable*, strickly speaking.

* Of course, being impeachable is what 218 Congressmen say it is, so there is that.

Wahooo's picture


USCTitle 18Part IChapter 47 › § 1035 ›

18 USC § 1035 - False statements relating to health care matters

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

(a) Whoever, in any matter involving a health care benefit program, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or

(2) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,

in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 5 years, or both.

(b) As used in this section, the term “health care benefit program” has the meaning given such term in section 24 (b) of this title.

odatruf's picture

Nice bit of research there, but if you read the code further back, you'll see this section is in referance to employees or agents at a provider or payor (clinic, hospital, insurance co., etc.).  The government is none of those for the purposes of organizing the exchanges.


Blano's picture

As long as the Democraps control the Senate, it's a waste of time.

It would be passed off as racism anyways, and the Negro hordes would just start rioting more.

rbg81's picture

Obama is like Stallone's Judge Dredd, basically screaming:  "I am the Law!" and daring anyone to stop him.

nmewn's picture

lol...I always pictured him as a spoiled little brat who gets away with what he wants by lying about or cheating others.

Of course, he's getting exactly what he wants now...destruction.

But he's not gonna like what comes out of the other end of this sausage making enterprise. He depends on others to abide by law...after he has destroyed the very concpet of it.

I say AGAIN...Hitler had laws too.

OneTinSoldier66's picture

Yep, I've heard it said before...


Everything Hitler did was, "legal".

nmewn's picture

Its true, I don't know why more people don't see it for what it is. Anything government says is legal...is in fact "legal" according to it. It doesn't make it morally or ethically correct...only, legal in the governments eyes.

Slavery was legal, then illegal. Alcohol was legal, then illegal, then legal again. Shooting "the kings deer" was illegal for someone who's family was starving to death under the kings tryanny & taxation but not for the kings dearest friends.

And as you say, rounding up slavs, jews, political enemies, half-wits, homosexuals and "criminals" & shipping them off to concentration camps was, completely legal under nazi law.

The law is a very tidy device to king makers and a complete facade of "law" when done wrong.

Like...compelling or coercing or bribing or subsidizing people to do things they wouldn't do of their own free will. This is a liberty and free will issue...it always has been.

bread n circuses's picture

I redded you only because sometimes nothing is better than something.

tenpanhandle's picture

"sometimes nothing is a cool hand".

Jonas Parker's picture

Harry Truman for sure!  Ronald Reagan too!