Search Results for: adventures in administrative

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 »

That Obamacare magic

Featured image In the 2012 election results I learned that just about everything I “know” is wrong. One thing I thought I knew was that the average American’s natural sense of religious tolerance would be grossly offended by the Obamacare contraception mandate. False! And that the average American would find the administration’s hypothetical solution — the magical provision of the contraceptive benefit at no expense to objecting religious institutions (narrowly defined) — »

Some call it law

Featured image President Obama and his minions have taken to instructing us that Obamacare is the law of the land. But it’s a funny kind of law — a law for the Age of Obama. Like words in the mouth of Humpty Dumpty, Obamacare is a law that means just what Obama chooses it to mean — neither more nor less. A law that is equal to the will of the ruler. »

Banana republic stuff

Featured image I started this series of posts on the regulations promulgated under Obamacare as “Adventures in administrative law.” Today it continues as “Banana republic stuff,” courtesy of Charles Krauthammer. Yesterday’s installment of banana republic stuff came courtesy of the Treasury/IRS statement announcing regulations that delayed the Obamacare requirement for some employers — those with between 50 and 99 full time workers — and modified it for larger employers. Here is the »

Banana republic stuff

Featured image I started this series of posts on the regulations promulgated under Obamacare as “Adventures in administrative law.” I recently resumed and rechristened it “Banana republic stuff,” courtesy of Charles Krauthammer. Last month’s installment of banana republic stuff came courtesy of the Treasury/IRS statement announcing regulations that delayed the Obamacare requirement for some employers — those with between 50 and 99 full time workers — and modified it for larger employers. »

Obamacare: A man-caused disaster

Featured image In the Obama administration’s continuing rule by decree, HHS Secretary Kathleen Sebelius has announced that those whose health insurance policies were terminated (notwithstanding Obama’s vow to the contrary) will be allowed to buy catastrophic coverage and will be exempt from the statutory penalty if they choose to escape from Obamacare next year. Robert Pear reports in the Times that Sebelius “disclosed the sudden policy shift in a letter to Senator »

Queen Seeb approximately

Featured image Bloomberg View columnist Megan McArdle summarizes the conference call for journalists yesterday afternoon with Kathleen Sebelius and other members of the Obamacare team in which the powers-that-be announced further decrees and encouragements to smooth the pending implementation of Obamacare on January 1: · Insurers will be required to accept payment for policies beginning Jan. 1 as late as Dec. 31, and they will be “encouraged” to accept payment after that. »

Notre Dame v. Sebelius: Ten notes

Featured image Yesterday the University of Notre Dame filed a lawsuit against HHS Secretary Kathleen Sebelius and other high ranking officers of the Obama administration. The complaint is available online here. I urge readers to check it out for themselves. It is a document of great interest. In this post I offer a few observations. 1. It was only three years ago that the University of Notre Dame invited President Obama to »

Thoughts on Liberty on the Fifth of July

Featured image As we often do, we spent the 4th of July with our relatives in South Dakota. Independence Day is a good time to be in South Dakota, as the spirit of liberty shines a little brighter there than in some other precincts. This is manifested, in a small way, in the lavish fireworks displays that South Dakotans mount–not just towns, but individuals. People are not trusted with such dangerous explosives »

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 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 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 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 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 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 »