LawIn their editorial, “Employer Mandate? Never Mind”, the WSJ highlights one of the main bugaboos Americans have with the Obama administration, their selective enforcement of laws.  The delay of the employer mandate is the latest in a long list of ways the President and his ilk skirt rules, regulations, oaths of office and separation of powers. As the WSJ makes clear,

“This selective enforcement of laws has become an Administration habit.  From immigration (the Dream Act by fiat) to easing welfare reform’s work requirements to selective waivers for No Child Left Behind, the Obama Administration routinely suspends enforcement of or unilaterally rewrites via regulation the laws it dislikes.”

With Obamacare alone, we have seen the Administration selectively offer waivers to employer groups for scope of coverage compliance, deep six the long term care insurance plan, close the high-risk pools, delay cuts to Medicare Advantage, postpone the small business exchange, signal rescinding cuts to DSH payments, and now delay the employer mandate.  All of these components of Obamacare were clearly spelled out in the law, approved by Congress and signed by the President. How can the administration now go through and willy nilly cut and delay portions of the legislation that are politically unsalable and just plain unmanageable?  The truth is, they can’t, and our legislative branch should call the executive branch out on it.  If a law is poorly conceived, destructive in its execution (or intent) and impossible to enforce, then Republicans should make Obama take the political heat, instead of allowing him to delay the repercussions for the next set of political boobs to inherit his throne.

The WSJ brings up another important point.  If the employer mandate is delayed, how can the individual mandate remain in tact? The WSJ explains,

“Individuals are only supposed to be eligible for Obamacare subsidies if their employer doesn’t offer the right benefits.  But how will the Treasury know who qualifies in 2014 if they lack the information that businesses are supposed to provide? Citizens must also pay the individual mandate-tax if they decline coverage from their employer.  How will the Treasury verify these offers?”

Many have cheered the delay of the various components of Obamacare, but does delaying the inevitable help anyone in the long run?  Postponing the employer mandate for a year is not going to spur hiring nor create a burst of economic activity.  Forcing the Administration to face the disastrous ramifications of Obamacare, though, may cause enough political fall-out for the repeal of at least some of it.  The WSJ contends Republicans “should give Mr. Obama the legal authority to suspend the employer mandate–in return for other concessions” such as votes on suspending the individual mandate, repealing the medical device tax and other damaging components of the law.  Make Democrats have to defend these policies before the 2014 mid-term elections.  Want to wager on just how these votes will turn out?

Bottom line, there is a way to get rid of Obamacare, and it is by dismantling it piece by piece. But, let’s do it it the lawful way.  Let’s get the legislative branch involved in this whole balance of power thing our forefathers laid out for us.  Call us misty-eyed and a bit sentimental, but the OLC believes if we follow the Constitution what’s best for the country will ensue.

There is another lesson to be learned here and the OLC respectfully asks Governor Kasich to take some notes.  If we cannot count on the Obama administration to execute the ACA as written, how can Ohio count on them to live up to the law’s funding promise for Medicaid expansion? Obamacare calls for the federal government to cover 100% of the cost of expansion for three years, declining to 90% by 2020.  However, back in July 2012, Forbes reported that the Obama administration had already started back pedaling on this provision. For Governor Kasich to wager Ohio’s financial future on a $13 billion pledge from an already back pedaling Obama is entirely irresponsible.

Statehouse Republicans and Ohio grassroots activists need to stand strong against Governor Kasich’s scheme to expand Medicaid.  By doing so, Ohio will play a vital role in dismantling Obamacare and protect Ohio’s financial future in the process.

This just in.  While putting the finishing touches on this article, the OLC learned that another component of Obamacare has been delayed for one year.  CNS News reports that a systems glitch will prohibit the Obama administration from enforcing the ACA’s penalties on tobacco users.  It just doesn’t stop with this bunch.

The Wall Street Journal editorial can be found here:

“Employer Mandate?  Never Mind”

The Forbes article can be found here:

“Governors’ Worse Nightmare:  Obama Proposed Shifting Costs of Obamacare’s Medicaid Expansion to the States”

The CNS News article can be found here:

“Smokers May Get Temporary Break from Obamacare Penalties”