It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Outlets are quoting Democratic operative Howard Dean saying of President Barack Obama suspending certain Obamacare requirements, “I wonder if he has the legal authority to do this.”
To remove all doubt: The Take Care Clause of the Constitution absolutely forbids any president from doing exactly what Obama did Thursday.
Obama said he would allow insurance companies to keep offering previously-offered insurance plans that Americans would like to keep. Nobody knows if this means all plans, or only some of them, and how the White House will make such determinations. He says he has “enforcement discretion” to make this change to the Affordable Care Act unilaterally, without consulting Congress.
The Congress ordinarily has a power to mandate the execution of a law. Judge Kavanaugh writes that “[p]rosecutorial discretion does not include the power to disregard other statutory obligations that apply to the Executive Branch, such as statutory requirements to issue rules, or to pay benefits, or to implement or administer statutory projects or programs.” And certainly this is correct. It would be very surprising if the President could choose not to pay someone their social security benefits. If Congress passes a law that mandates the closing of a prison, that is required. If Congress passes a law that requires the executive to issue a particular regulation, it must do so.
So what is different in cases of prosecutorial discretion? (Before exploring this question, let me add that one can draw a distinction between federal civil laws and federal criminal laws. Are people arguing for prosecutorial discretion as to criminal actions only or also for civil actions? It is not clear what they arguing, but the arguments might differ somewhat……..
State Insurance Commissioner Mike Kreidler has rejected President Obama’s proposal to allow insurance companies to extend health insurance policies for people who have received notices that their policies will be cancelled at the end of the year.
Within two hours of President Obama’s news conference announcing the proposed administrative fix for Americans upset by their policy cancellations, Kreidler issued a statement rejecting the proposal.
“I understand that many people are upset by the notices they have recently received from their health plans and they may not need the new benefits [in the Affordable Care Act] today,” he said. “But I have serious concerns about how President Obama’s proposal would be implemented and more significantly, its potential impact on the overall stability of our health insurance market.”
“I do not believe his proposal is a good deal for the state of Washington,” Kreidler’s statement continued. “We will not be allowing insurance companies to extend their policies.”
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
Obama's Insurance 'Fix' Is Unconstitutional ?