Search Results for: adventures in ad law

Adventures in Ad Law

Featured image The whole idea of “administrative law” — regulations with the force of law promulgated by executive agencies pursuant to powers delegated by Congress — squares uneasily at best with the Constitution and its scheme of separated powers. Obamacare presents us with a case study that amounts to a reductio ad absurdum. The agencies promulgating Obamacare regulations will produce a code that rivals the United States Code in length and complexity. »

Adventures in Ad Law, cont’d

Featured image Whatever happened to baby pain? I mean, has the the Obama administration’s ludicrous “accommodation” of the Church’s opposition to the compelled provision of free contraception, sterilization and abortifacients resolved the serious constitutional affront involved? Or has it thrown one more into the mix? Somehow the Democrat Media Axis has transformed the discussion into something else entirely. I’ve been looking for a copy of the regulation enacting the “accommodation” and requiring »

Adventures in Ad Law, cont’d

Featured image Attorney Mark Leach writes from Louisville in response to “Adventures in Ad Law, cont’d”: While the focus on the HHS mandate under Obamacare has focused on “free” birth control, that same regulation also requires insurance companies to provide as of August 1, 2012, no-cost prenatal testing for genetic and developmental conditiosn. As I’ve written in the column linked below, and further at the link to Hugh’s blog and the Washington »

Adventures in Ad Law, cont’d

Featured image The whole idea of “administrative law” — regulations with the force of law promulgated by executive agencies pursuant to powers delegated by Congress — squares uneasily at best with the Constitution and its scheme of separated powers. Obamacare presents us with a case study that amounts to a reductio ad absurdum. The agencies promulgating Obamacare regulations will produce a code that rivals the United States Code in length and complexity. »

Adventures in administrative law

Featured image Observers commenting on the administration’s latest improvisations in Obamacare have generally relied on the cheat sheet issued by the Department of Health and Human Services this past Thursday. The cheat sheet summarizes regulations promulgated by the Department. In his Forbes column “Government takeover,” Avik Roy posts a link to the regulations (interim final rule) here. The regulations are an unusual exercise in rule by decree. Cloaked in an air of »

Adventures in administrative law

Featured image The Wall Street Journal devotes an editorial to the latest decree promulgated by Queen Seeb and the powers-that-be in the Obama administration: Late Thursday, the Health and Human Services Department suddenly released a new regulation that explains “there have been unforeseen barriers to enrollment on the exchanges.” The passive voice is necessary because the barriers are all the result of politically driven delays, the botched website and the exchanges that »

Adventures in administrative law

Featured image Obama presents himself as detached from the events giving rise to the controversies that now beset his administration. He’s just the president. Obama has found this a useful pose in the face of the exposure of the IRS as the handmaiden of his efforts to help friends and harm enemies. He has touted the IRS as an independent agency. How can he be responsible for the shenanigans of agents that »

Adventures in administrative law, cont’d

Featured image FNC’s Wendell Goler asked Obama administration flack Jay Carney about the Obama administration’s suspension of the Obamacare employer mandate for one year. The Obamacare statute expressly provides a commencement date of January 1, 2014. Whence the legal authority on the part of the president to postpone it? The video of Goler’s exchange with Carney is below. Goler asks a good question, one directly raised by Michael McConnell’s Wall Street Journal »

Adventures in Obamacare

Featured image With a background in designing and building networks for financial clients and in technology consulting for small firms, among other ventures, Megan McArdle has had an eye on the technical issues raised by the rollout of Obamacare since they first came to view. Her Bloomberg View column is the column of the day on the technical issues that are in the news. She writes: Insurers began warning in 2012 that »

Adventures in Obamacare

Featured image Yesterday’s adventures brought us the appearance of the contractors for the Obamacare Web site that, according to supporters of the law (or “law” or, until recently, sacred “law of the land”) has been plagued by a dire combination of glitches and kinks. The contractor witnesses appeared before the House Energy and Commerce Committee. The Wall Street Journal’s account of the witnesses’ testimony is secured snugly behind the Journal’s jealously guarded »

Adventures in Obamacare

Featured image The next best thing to clamming up about the serious technical issues that have plagued Healthcare.gov is being interviewed by CNN’s Sanjay Gupta about them. Inviting him in for an interview yesterday, Kathleen Sebelius recited the party line on the beauties of Obamacare while testifying that the issues were kept from Obama prior to October 1. It’s a good thing she wasn’t under oath at the time. CNN reports on »

Adventures in Obamacare

Featured image Last week James Taranto declared (facetiously): “There’s only one thing that can save ObamaCare now. AN OBAMA SPEECH.” It seems that Taranto was on to something. The Washington Post reports (not facetiously): President Obama is expected to address the site’s technical problems — “troubles that he and his team find unacceptable” — at a White House event Monday to highlight the law, according to an administration official who spoke on »

Adventures in Obamacare

Featured image Two news accounts explore the technical issues that have plagued the rollout of Healthcare.gov since October 1. At the Washington Post, Lena Sun and Scott Wilson take a stab at the story in “Health insurance exchange launched despite signs of serious problems.” Over at the Associated Press, Jack Gillum and Julie Pace have “Builders of Obama’s Website saw red flags.” Both of these stories are superficial and inadequate, but it’s »

Adventures in Obamacare

Featured image What does HHS Secretary Kathleen Sebelius have to say about the debacle of open enrollment for Obamacare commencing October 1? Her tour touting open enrollment has featured the disastrous performance of the $500 million Healthcare.gov Web site that is the keystone of open enrollment. In an article behind its jealously guarded subscription paywall, the Wall Street Journal reports: Mrs. Sebelius, the nation’s top health official, was in Tampa the other »

Adventures in Obamacare

Featured image In this series I’ve been trying to follow news and columns and editorials that report the unfolding Obamacare disaster. The disaster is just beginning, and the federal Obamacare exchange is just the tip of the proverbial iceberg. Today’s Wall Street Journal carries a reported editorial documenting the omertà operative inside the Obama administration with respect to the technical issues bedeviling Healthcare.gov. Kathleen Seblelius and others have clammed up. President Obama »

Adventures in Obamacare

Featured image If USA Today reports that the Obamcare exchange is suffering an existential crisis, I think it’s fair to say that something is happening here. Kelly Kennedy reports: The federal health care exchange was built using 10-year-old technology that may require constant fixes and updates for the next six months and the eventual overhaul of the entire system, technology experts told USA TODAY. The site could be perfect, but if the »

Adventures in Obamacare

Featured image The Wall Street Journal has an important editorial on “Obamacare’s black box,” commenting on the Healthcare.gov portal brought to us by Obamacare. It usefully summarizes the issues we have sought to document in this series. The Washington Examiner adds an exclamation point to one of question marks behind Healthcare.gov — how many bidders did the government take for the contract to design the site? Answer: It’s better not to ask. »

Adventures in Obamacare

Featured image With the October 1 rollout of the Healthcare.gov portal for Obamacare, the fun is just beginning. Readers are sampling and experimenting. One of them writes: As you say, the technical issues of Obamacare rollout do not go to the root of the evil. Even so, I decided to have a peek at the site and try to sign on. I gave it up after the first little hiccup, which I »

Adventures in Obamacare [updated]

Featured image John Wittman of the House Republican Conference writes to alert us to the release of a video highlighting excerpts of an actual online chat between a potential customer and a customer service representative for Healthcare.gov. For the full chat transcript or to share your story, visit www.gop.gov/YourStory. “Dean” (as the customer service representative was named in the chat window) tells the potential customer not to “lose your sanity over this »

Brief Adventures in Portlandia

Featured image If you’ve ever dropped in for an episode of the IFC channel’s cult hit mockumentary “Portlandia” and wondered if Portland, Oregon, is really that wacky-crunchy, the answer is an unqualified Yes it is.  Even the trees are green there.  You think I joke!  The public toilet handles are green—and that’s not a joke.  Let’s see, a place where it rains something like 200 days a year needs to save water? »