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Feds Delay Enforcement

Another Extra-Constitutional Act, Another Setback for ObamaCare

By Stu Nolan

The Obama Administration has quietly signaled that its difficulties implementing ObamaCare prevent the federal government from enforcing the "employer mandate" at the heart of the so-called "health care reform" law.

Although any delay in implementing ObamaCare ought to be viewed as innately positive, the manner in which the Obama Administration unilaterally announced this delay is nonetheless problematic from a constitutional perspective. Over at National Review, John Fund has written about the questionable constitutionality of the Obama administration simply announcing that it will not enforce legislation that has become the law of the land.

Also at National Review, Ed Whelan has explained that the delay in enforcing the employer mandate to offer health insurance does not slow down implementation of the "HHS Mandate" that infringes on the free exercise of religion by requiring health insurance coverage of contraception and abortion.

Yuval levin, who is Ed Whelan's colleague at the Ethics & Public Policy Center, has made a compelling case for delaying implementation of the entirety of ObamaCare, rather than merely delaying enforcement of the employer mandate. Levin has further explained that the delay will facilitate fraud.

*** Update ***

Patrick Buchanan has weighed in with a column worth reading.

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