In an oped for the Wall Street Journal, director of health policy studies Michael F. Cannon and Case Western Reserve University professor of law Jonathan H. Adler expose “a major glitch that threatens [ ’s] basic functioning” and is “so problematic…the Obama administration is now brazenly trying to rewrite the law” through the IRS rulemaking process.
As a result of this glitch, “states that refuse to create an Exchange can block much of ObamaCare’s spending and practically force Congress to reopen the law for revisions.” In such states, employers could challenge the proposed IRS rule and in so doing could block ObamaCare’s employer mandate.
“In addition, under the Congressional Review Act, a simple (filibuster-proof) majority vote in each chamber of Congress could send to President Obama’s desk a resolution blocking this IRS rule. Even if Mr. Obama vetoed the resolution (taking personal responsibility for this assault on the rule of law), a future president could still rescind the rule.”
Read the whole article.