Blog: Checks and Balances

Statement

On July 2, the Obama administration tried to quietly announce, through a blog post on the Treasury Department's website, that the employer mandate portion of Obamacare would be delayed by one year. Apparently, they believe that employers with more than 50 full-time employees should not have to face a penalty for failing to offer insurance to their employees, but hardworking Americans should still be penalized for failing to purchase health insurance. This is the clearest signal yet that the president's deeply-flawed health care law is unworkable.

Almost as concerning to me as the administration's belief that employers deserve better treatment than American citizens is the fact the administration also seems to believe they can pick and choose which parts of the law to enforce. The law plainly states that employers are required to offer insurance by the end of this year or face a penalty. It has been obvious for a while, as we've watched employers be forced to lay people off and cut workers' hours to comply with the mandate, that this law wouldn't work. But that doesn't give the administration free reign to decide when, where and how to enforce the law.

Our Constitution sets a system of checks and balances. Congress, the legislative branch, has the sole responsibility of writing and voting on legislation. After legislation passes both the House and Senate, the president can choose whether or not to sign the legislation into law, but once the law has been signed, it is the president's job to see that laws are enforced. The Constitution does not give any president the authority to ignore the law.

I asked the non-partisan Congressional Research Service (CRS), Congress's research arm, to report on the president's authority to choose to simply ignore the law. CRS warned that the executive branch does not have an "unfettered ability" to delay implementation of any part of Obamacare without Congressional approval.

This report confirms that there are significant questions about the legality of the administration's actions. Even if the administration could successfully argue the legality of exempting businesses from the employer mandate, this same logic could also be used by a future administration to undo ObamaCare by Executive Order. The administration needs to decide whether it should comply with the letter of the law or whether it believes the president can pick and choose which laws to follow. If they believe the latter, I fear for the future of this country.

In the weeks and months ahead, we will continue to press the administration to admit this law is irreversibly flawed and work to repeal and replace this law with patient-centered health care reform that lowers cost, increases access and preserves choice for all Americans.

Please rest assured I will continue to closely monitor the actions of the administration. I will also work with my colleagues to repeal and replace Obamacare.

Feel free to contact my office if we can be of assistance to you or your family.

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