Obama may illegally further delay Obamacare provision

Thomas Lifson
Desperate over the impact of Obamacare on voters, the Obama administration is leaking a plan to extend suspension of the requirement for insurance companies to drop "substandard" individual plans until safely after the 2016 elections. The president already unilaterally imposed a one year delay, but now is apparently considering a further delay to postpone the political consequences -- Americans losing the plans he promised they could keep -- until after he is out of office. Tom Murphy of AP reports:

The Obama administration is considering an extension of the president's decision to let people keep their individual insurance policies even if they are not compliant with the health care overhaul, industry and government officials said Thursday.

Avalere Health CEO Dan Mendelson said Thursday that the administration may let policyholders keep that coverage for as long as an additional three years, stressing that no decision has been made. Policymakers are waiting to see what rate hikes health insurers plan for the insurance exchanges that are key to the overhaul's coverage expansions.

"The administration is entertaining a range of options to ensure that this individual market has stability to it, and that would be one thing that they could do," he said.

This report is being confirmed by others:

Health and Human Services spokesman Joanne Peters confirmed that the issue is under discussion, saying: "We are continuing to examine all sorts of ways to provide consumers with more choices and to smooth the transition as we implement the law. No decisions have been made."

The Constitution does not give a president the right to suspend provisions of duly passed and signed laws for his own political convenience. The fact that this move is being floated means that there is time to react and point out that the only way to alter the law is through congressional action.

Democrats are loath to follow the Constitutional requirements because submitting any contemplated changes to Obamacare to Congressional action would open the door for repeal or further changes that would gut the law. The prospect of forcing Democrat Senators to vote on such changes and face voters if they take a position in favor of retaining Obamacare's noxious provisions is terrifying.

So the Constitution matters less than the ability to bypass voters' will.

Desperate over the impact of Obamacare on voters, the Obama administration is leaking a plan to extend suspension of the requirement for insurance companies to drop "substandard" individual plans until safely after the 2016 elections. The president already unilaterally imposed a one year delay, but now is apparently considering a further delay to postpone the political consequences -- Americans losing the plans he promised they could keep -- until after he is out of office. Tom Murphy of AP reports:

The Obama administration is considering an extension of the president's decision to let people keep their individual insurance policies even if they are not compliant with the health care overhaul, industry and government officials said Thursday.

Avalere Health CEO Dan Mendelson said Thursday that the administration may let policyholders keep that coverage for as long as an additional three years, stressing that no decision has been made. Policymakers are waiting to see what rate hikes health insurers plan for the insurance exchanges that are key to the overhaul's coverage expansions.

"The administration is entertaining a range of options to ensure that this individual market has stability to it, and that would be one thing that they could do," he said.

This report is being confirmed by others:

Health and Human Services spokesman Joanne Peters confirmed that the issue is under discussion, saying: "We are continuing to examine all sorts of ways to provide consumers with more choices and to smooth the transition as we implement the law. No decisions have been made."

The Constitution does not give a president the right to suspend provisions of duly passed and signed laws for his own political convenience. The fact that this move is being floated means that there is time to react and point out that the only way to alter the law is through congressional action.

Democrats are loath to follow the Constitutional requirements because submitting any contemplated changes to Obamacare to Congressional action would open the door for repeal or further changes that would gut the law. The prospect of forcing Democrat Senators to vote on such changes and face voters if they take a position in favor of retaining Obamacare's noxious provisions is terrifying.

So the Constitution matters less than the ability to bypass voters' will.