ObamaCare – Making It Up As We Go Along

President Obama’s proposed ‘fix’ to allow people to keep there current individual insurance policies for another year even though they don’t meet the requirements of the ACA is just another example of administration politics trumping actual law. Observers from Yuval Levin to Nicholas Bagley to Howard Dean and Chuck Todd all point out the questionable nature of this action.

While some point to the previous delay of the employer mandate provisions of ObamaCare as an example of the administration’s ability to claim ‘transitional relief’ in rule making to delay an action, it is hard to see where that applies to letting insurers renew  policies that are considered illegal for 2014. In the former case, the IRS is simply delaying releasing regulations. There is no administrative wiggle room in the latter however, the law is clear that these policies are illegal to offer in 2014. The only thing the administration can point to is that they simply will not enforce the law in 2014. Since when does the Executive Branch have the authority to enforce whatever law they want to enforce and ignore others? This is a very dangerous course of (in)action.

Also, since it is every individual State that is responsible for approving health insurance plans, how can the administration push each State to comply with an unlawful request?

I wonder how many more election cycles we will go before we see the actual full implementation of ObamaCare?