Obama’s health care law waivers are illegal

Senator, professor say ‘Obamacare’ violates the law
Tom Jackson
Mar 30, 2014


President Barack Obama’s repeated changes in provisions of the Affordable Care Act are plainly illegal and violate the U.S. Constitution’s separation of powers, U.S. Sen. Rob Portman asserts.

It’s clear changes in the law are supposed to be made by lawmakers in Congress, not presidential decree, the Ohio Republican told reporters in a phone call Thursday.

Writing for the Vokokh Conspiracy, a legal blog hosted by the Washington Post newspaper, Case Western Reserve University professor Jonathan Adler has been arguing that while the health care law does give the Obama administration discretion in certain matters, some of the changes the administration has made violate the law.

In a Feb. 11 blog post, “Another day, another illegal Obamacare delay,” Adler asserted the White House’s delays in a provision requiring companies to buy insurance for their employees, the “employer mandate” clearly is illegal.

“The language of the statute is clear, and it is well established that when Congress enacts explicit deadlines into federal statutes, without also providing authority to waive or delay such deadlines, federal agencies are obligated to stay on schedule. So, for instance, federal courts routinely force the Environmental Protection Agency to act when it misses deadlines and environmentalist groups file suit” Adler wrote.

Portman was asked about the matter two days after yet another change was announced.

The White House said the end-of-March deadline for buying health insurance on healthcare.gov would not apply to people who tried to buy insurance but failed to navigate the website. They would get another two weeks.

“It’s unbelievable to me Congress would pass a law and the administration would choose not to follow it” Portman said.

If the Obama administration wants to make changes in the law, it should ask Congress to make the changes, Portman said.

Ohio’s other senator, Democrat Sherrod Brown, did not answer directly when asked what he thought of the administration’s changes.

During his own conference call with Ohio reporters Wednesday, Brown was asked for his opinion on the waivers and whether he worries a Republican president elected in 2016 might erode Obamacare by making his own changes.

Brown answered the second part of the question, saying he expects the law to be so popular and well-established by 2017, no president would dare change it.

“No Republican president is going to take away benefits from by then tens of millions of Americans,” Brown said.

Asked in a followup what he thinks of Obama’s changes, Brown said: “I have a mixed opinion of all that, but it doesn’t really matter”



@Coasterfan: I understand your position(s) and basically agree with most everything you have stated on this subject and others. The problem is, "You are talking to many who are steadfast in their anti-social stances who can't/won't attempt to deviate from them."

I can only surmise they don't want to help others unless those efforts help themselves directly and better if they can profit from them. If the European and Canadian models of health care, et. al. are so erogenous...why are they still being practised? "Yes" they may pay more in taxes to ensure that everyone has their most basic needs met. It is called "sharing". Sharing the risks and sharing the rewards like any insurance already being bought and sold already does. Insurance is a SOCIAL collection of people sharing. That social collection helps divide up and thus minimize the monetary damages caused by illness or injury to any single person. The concept is easily understood and readily accepted by all Americans.

Are roads, armies, schools, profits and subsidies to Big Oil and price supports more important than our health?

We as a nation have always had our collective (social) best interests at stake. "United we stand" was, is and should always be our goal.

As more and more people learn of all the benefits of ACA...the ranks WILL swell, also be understood and...readily accepted. I'm sure that is a scary reality for those who oppose it today.

Keep posting Coasterfan!

The Hero Zone's picture
The Hero Zone

I believe you meant egregious. Erogenius is something else, haha. Anyway the people of North Korea must love their government since nobody is standing up to it. Must be a perfect place to live. Unity, harmony, and everyone has health care too.

What you say about insurance is generally true, but there is a difference between a social willingness through free will and manipulated coercion by a distant government. Therein lies the problem with this. But instead of creating an environment that allows such socializing to flourish, the heavy and cold hand of government has interceded and told us what we are going to do regardless of our own unique circumstances.

Your example of ranks swelling makes some kind of presumption that there are other choices and people's free will guides them to the glory of the ACA. That's ridiculous. In that case Medicare has been a smashing, financially solvent success. Look at how many people participate in it!


"Insurance is a SOCIAL collection of people sharing."




Hobby Lobby's 401(k) employee retirement plan holds $73 million in mutual funds that invest in multiple pharmaceutical companies that produce emergency contraceptive pills, intrauterine devices, and abortion-inducing medications.

lololol---No wonder they don't want to include contraceptives in the health care plan! Without unwanted pregnancies, there isn't much of a need for what their retirement plan is investing in!! I would think the Hobby Lobby God wouldn't much care for them investing in morning-after pills and the like! Hypocrites ALL!

The Hero Zone's picture
The Hero Zone

You'll find a great deal of such hypocrasy among many companies and political activists. Due to how mutual funds work, which I presume you do, it is sometimes unintentional or unavoidable. Using your case, perhaps the company realizes that about the manufacturer but recognizes the myriad other products it makes, which along with trying to provide the best it can for its retirees, has it accept the investment with the conscious objection to one of its lines.


You just typed the magic word HZ "hypocrasy". Gee, we don't want to add to our list of covered prescriptions those evil contraceptives, but we'll invest our dollars into companies that manufacture day-after abortion pills. I have no problem with either one, but then again, I'm not screaming about my religious belief's being compromised.
You however, are making excuses for their hypocrasy, so what does that say about your convictions?

The Hero Zone's picture
The Hero Zone

Which of my personal convictions would you like to know about? I can lucidly explain anything I think or do and give you reasons for why.

I have done nothing to violate mine nor have I "excused" Hobby Lobby. I made the presumption you knew how retirement plans and mutual funds work (you do, right? I figured I'd not err on the side of patronizing) and pointed out that this happens all the time with corporations or, say, Democrats who decry gun use and then try to sell arms from a Philippine Muslim splinter group to an undercover FBI agent. Or our now Secretary of State who keeps his yacht in another state than his own to pay less in taxes on it.

I'm curious as to what other forms of hypocrisy we can find in either major political party or private corporations? Would you like to help me look?


"Hobby Lobby's 401(k) employee retirement plan holds $73 million in mutual funds that invest in "



@ meowmix: The issue I have with Hobby Lobby and other "companies" like them is, "The owners don't want their religious choices infringed upon by the ACA. However...their company constitutes thousands of people who may WANT insurance coverage offered by the ACA. That is a simple case of minority rule. "That" is what a handful of people with a lot of money are trying to buy. Minority Rule of Law. More Americans need to stand up for the Rights, yes RIGHTS, that every man and woman in the U.S. DESERVE. NOT governance by and for the wealthy.


Absolutely right PB&J-- It's all a smoke screen to have to cover less for their employees and save themselves a few pennies, not because of religious reasons--that much is now painfully obvious by who they invest in for the retirement fund. Odds are, they pay their employees such a low wage they're likely eligible for medicaid anyway.

Point being, since when can a "corporation" have a thought at all? Seems to me you have to be human. Last I knew, the bible never said that god created man, woman and corporation.

The Hero Zone's picture
The Hero Zone

Health care is not a right, just sayin'. Are you willing to argue for the mandatory harvesting of organs? I'm with you on the last line, however the ACA as it stands reinforces just that. I sincerely hope you can see that. The same if not more subsidies to oil are promised to insurers. The difference being with oil that much if not all of it are taxes waived. With this? Your money is taken from your pocket and placed intheirs.

There are better options out there and I wish passionate people like you would explore and shout them out than waste time on this heavily flawed, unread, ruled-but-never-argued-as tax.

The Big Dog's back

sappy, somehow I missed when you were fighting for single payer/personal responsibility.

The Hero Zone's picture
The Hero Zone

If by "single payer" you mean empowering the individual to make their own choices, then yes. If by "personal responsibility" you mean an act of free will where one does what is accountable for oneself free of coercion, then yes.

That is what YOU mean, right? Or perhaps you should define your own words since single payer and personal responsibility are fairly opposite.


When you can't win the disagreement with words... change the definition of the words... hence tax or spend becomes invest. I don't know aboiut you but all my investments have been voluntary and I expect to make a profit on them. When I am taxed I am forced by threat of arms to give money to the gov't. Have you noticed that some politicians... mainly from one party, use invest or investments when they mean taxes? Like I say when you can't win the disagreement with words... change the meaning of the word so they sound better to the low information people in their party.

The Big Dog's back

"low info people". That be you.


lolol BD! (love the sappy... :})

The Hero Zone's picture
The Hero Zone

I never figured out why he calls me that. I think he thinks it means something else than it does, but I won't oppose him calling me that. It's quite an improvement over him calling me a terrorist-sympathizer or indicating I am an alcoholic like with others. Meanwhile, I'll continue to address him as Big Dog and you as Meow because while we may disagree I won't disrespect you.

The Big Dog's back

adjective \ˈsa-pē\

: sad or romantic in a foolish or exaggerated way

: foolish or silly : not thinking clearly or showing good judgment

: full of sap

The Hero Zone's picture
The Hero Zone

Oh I full well know what the word means, but what baffles me is how you think it is relevant to who I am, what I do, or the things I say. Good on you for using the dictionary, though. Maybe we can start having common grounds for terminology in our discussions. The bar has been raised, I am pleased!


If this is such a good program, why is Congress exempted from it? I guess what's good for the lemmings isn't good for the "leaders!"


And therein lies the one point for which they have no answer. The Act includes a provision requiring Congress to participate, but one of the president's unconstitutional modifications was to wipe out that requirement without requiring Congress to own the decision.


I know one INDISPUTABLE fact...for the first time in our countries history...we have some form of Universal Health Insurance Coverage. It may (and probably isn't "perfect") but...it IS a major step in the correct direction. NO other president or anyone else has EVER gotten our country on the same path that EVERY other industrialized country has had for a long, long time. "Thank you Barack." "Thank you for everything you have done or tried to do for the betterment of the low and middle-class Americans across all boundaries of race, age, gender, religious beliefs and our nation as a whole while you have fought so diligently and valiantly against the obstructionists who try to give themselves and their donors a bigger piece of the American Dream."

The Hero Zone's picture
The Hero Zone

If I offer you a lucid and reasoned reply will you have a conversation with me about it or will you continue this single party system orgasm you've been riding for a while?

I'd hate to waste either my time or your pleasure, but if the offer to talk is on the table I'll take it.


"on the same path that EVERY other industrialized country has had for a long, long time"

But is that a path on which we want to be?

How are the European economies doing lately?

Most of those countries are looking at passing blasphemy laws - is that the path on which we want to be? Do you want to face jail time for drawing a picture of Mohammed?

Most of those countries have a justice system where you're guilty until proven innocent, and they can make you prove your innocence over and over again. Is that the path on which we want to be?

If all those countries are on the right path, why do so many people want to leave those countries and come live in THIS one?

If all those countries are on the right path, why don't you go live in THEM?

Yeah, I thought so.


America is at threat!

As a former long-term and STAUNCH Republican I can no longer condone or affiliate myself with what that party has now shamelessly become.
By every sense of thought, word and action they now are beholding to and ONLY seek out those who have the most but yet want more. They have become well-paid pawns and mouth pieces for the Aristocrats, Mega-wealthy, Income Elite, Plutocrats, Oligarchs, Entitled and Power-hungry of America.

They are systematically trying to dismantle everything that the U.S. has stood for, believed in and has fought for.

The Republican Party is now for;
*Keeping American workers’ wages stagnant, out sourcing jobs, reducing benefits and stealing retirements while giving more tax breaks, loopholes and special privileges to huge corporations and extremely wealthy donors who care only for their own personal agendas.

*Reducing or eliminating Medicare, Medicaid, Social Security, A.C.A., EPA, Voting Rights, Minimum pay, pay equality for women, social equality and any other programs and laws which provide for the general health, well-being, incomes, fairness, protections and voices for the masses who have built this country and by which would be not only morally correct but spurn our economy as well.

*De-regulation of banks, manufacturing and Wall Street in an extremely contorted meaning of “free enterprise”.

*Rhetoric and propaganda based on repetitious lies, threats and scare tactics in order to deceive and separate Americans from uniting against this vile and obvious theft of our true Democratic processes, American values and “all for one and one for all” beliefs.

*Extremely centralized power into the hands of a few with no concern for anyone else unless they too can contribute millions of dollars.

*Illegal and immoral wars through additional deception by which we shed our sons’ and daughters’ blood and the nation’s treasury for the profits of Halliburton and others and the glorification of a few.

*Wide-sweeping obstructionism that would benefit the lives of working class Americans and without regard to America’s future.

*Corruption, graft, greed, hush money and favoritism at the highest levels.
With each passing day they are trying to turn OUR America into a 3rd. world class country. They will not quit until our incomes, voices and freedoms are suppressed equal to or lower than what workers in China and India now receive so the wealthy may benefit from ever greater profits and power. Their ultimate goal is to achieve Global Dominance and New World Order under their explicit control. When that is accomplished…they will have complete dominance for themselves and over our lives.
This all may sound harsh but coming from a former Republican…I now see where this once caring party has gone. Their values no longer represent mine. Their greed-ridden beliefs are no longer in line with Christianity.

Do see this all happening right before your eyes?
Are you willing to live under the rule of a few?
Has your income, livelihood, standard of living or future been affected?
Are you concerned about you son’s or daughter’s future?
Do you think their intentions are fair or in America’s best interests?
Are you angry, worried or frustrated?
Are you sick and tired of it?
If so…please copy and paste this piece and pass it on or just make printed copies and pass it on to family, friends and co-workers.

Together and by VOTING at every election…we can and will make America great again.

I’m trying to do my part. Now…It is time for you to help yourselves!


"They are systematically trying to dismantle everything that the U.S. has stood for, believed in and has fought for."

It's sad, but you don't seem to know what that is. If you did, you'd realize that the other party is trying even harder to do the same thing.