President May Not Have Standing To Postpone Mandate

President May Not Have Standing To Postpone Mandate

July 2, President Obama announced he would postpone the employer health-insurance mandate portion of the Affordable Health Care Act. There is only one small problem in doing this.  “The president does not have the power to stop the implementation of a law”. Although he may fear the political fallout over a half baked law, he does not have the ability or power to pick and choose what parts of the law will go into affect and when.

In fact, by suspending the individual mandate, the President has opened the door to potential legal challenges to the law. In the 2012 case NFIB v. Sebelius brought before the Supreme Court, the Obama Administration argued the individual mandate was an “integral part of a comprehensive scheme of economic regulation”.  This included “the employer insurance mandate, which was intended to give millions of Americans a way of meeting their new obligation to have health insurance”. As days pass and delays are discussed, one may wonder if Congress should have found out what was in the bill before it was passed.

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