Being Right: Legal Illegality

The incompetence of the Obama administration revealed itself yet again this past week as the implementation of The Affordable Care Act Employer Mandate was pushed back for the second time since its planned kickoff on January 1, 2014. The original law planned for mid-size businesses with 50 to 99 workers to provide employees with full health care coverage, while larger businesses with an excess of 100 workers were ordered to provide coverage for 95 percent of their employees by the same deadline. After unilaterally rewriting the law, exclusive of any Congressional input, the Obama administration first pushed the deadline for mid-sized businesses back to 2015 and, of late, subsequently decided to delay the mandate until 2016. If the administration decides to refrain from changing Obamacare yet again, which would bring the total to 28 major changes in direct contradiction to legislative language, mid-sized businesses will be mandated to provide full coverage by 2016 while large businesses will have to cover 70 percent of their employees by 2015. This decision adds on to the long line of broken promises guaranteed to the American people by the Obama administration, including the notorious “keeping your previous plan” untruth, once again undermining the credibility of the President and his administration.

The Affordable Care Act’s rollout has been far less than spectacular; in fact, it has been a colossal disaster. After a series of mishaps, including the most recent failure in implementing the employer mandate, Obama now resides on the brink of ruining the capability to insure people. Insurance companies are scrambling to keep up with the administration’s altered deadlines and technological complications, inconveniencing many insurers to manually make changes in order to avoid errors in customer’s coverage. The health care plan that Democrats have dreamed of implementing since the days of John F. Kennedy is currently revealing the ineptitude of Obama’s presidency. One would think that Obama and his cronies would have put more thought into one of the biggest pieces of legislation in decades before signing it into law on March 23, 2010, because it is currently no more than a sign of bad preparation, planning and policy.

After covering up the administration’s flawed policies in the Middle East subsequent to the Benghazi scandal to ensure reelection, it is no surprise the majority of Americans distrust President Obama, a fact reverberated in the latest poll conducted by CNN/ORC. Not surprisingly, the President is applying the same logic exploited in Benghazi by delaying the implementation of the Employer Mandate. In a classic game of “kick the can down the road,” the President seeks to delay the effects of his flawed policy until after congressional reshuffling or, for his sake, stagnation.

 But a bigger issue is at stake regarding the mandate’s delays: the rule of law. The law is clear: by signing the Affordable Care Act into law on March 23, 2010, President Obama surrendered his power to alter the legislation’s rules to the Constitution. He has since altered the law 27 times, a clear violation of his authority and a direct representation of his palpable disregard for Congress and the Constitution. What’s the reason for the absence of thousands of lawsuits against the President’s actions? Standing.

In order to challenge the federal government in court, a person or party must have standing: a complaint that he or she specifically suffered or was injured from government action. Standing, as stated by LA Times writer Eugene Kontorovich, “is designed to prevent courts from becoming arenas for endless ideological rehashing of the merits of government policies.” Simply put, what the President is doing is illegal, but the process’s painfully slow progression, bureaucratic hassle and barrage of legal fees are preventing anyone from holding Obama accountable. Realistically speaking, the President will no longer be in office by the time a verdict is reached. Seeing this, Obama is changing deadlines, granting waivers and doctoring the law whenever he pleases, an act in direct defiance to the Constitution he swore to uphold. Obama is systematically using a tool used to prevent judicial tyranny to do whatever he wishes. An American leader is not one who sneakily abuses his or her power by exploiting cracks in the law, he or she is one who is cognizant of these cracks but chooses to act honorably and abstain from partaking in a role reserved strictly for the legislative branch. As history can vouch, deception is the Obama administration’s hallmark. However, the President has now crossed a threshold. He is staring head-on and challenging the single most imperative pillar of any democracy, especially ours: the rule of law.