Ten questions about the Obamacare employer mandate delay

posted at 10:01 pm on July 2, 2013 by Mary Katharine Ham

The White House would rather we not talk or think about this subject since it announced this on a holiday week, but we shall defy them!

1. Do we think President Obama knew about the delay in the employer mandate or did he have to wait to find out about it when Air Force One landed back in America and he could get a newspaper in front of him?

2. Isn’t Obama just leaving the little guy out to dry by waiving a mandate for employers, who have an organized lobby, but leaving it in place for individuals?

3. Since we’re “already seeing benefits of Obamacare,” and the rest is so dangerous to the economy we’re delaying it, why do we need the rest?

4. Isn’t it the White House that’s interfering with implementation, now?

5. By Obama’s definition, did the White House just do an end-around Congress to limit women’s access to birth control? Without employer mandate penalties being enforced, will the administration also be declining to enforce penalties on employers who don’t provide free birth control? Or, is that lobby not powerful enough to get a waiver?

6. Doesn’t this just give us another year or two of uncertainty and slow hiring?

7. Is there any plausible way this is not a pretty devastating admission of Obamcare’s failures?

8. Would anyone sue to stop the administration from delaying this part of the law? HCAN? Some other liberal activist group? Maybe OFA could finally make itself useful in making the president’s priorities a reality.

9. What are the implications of the delay on the private health insurance market? Avik Roy offers some answers on this.

10. Are we all repealers now?

Exit question: Does this mean #WeCanWait after all?

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

We are scr*wed.
Bishop/

LeftCoastRight on July 2, 2013 at 10:11 PM

Hell if I know now MKH! Your guess is as good as mine…

Ditto LCR!!

Scrumpy on July 2, 2013 at 10:14 PM

if obamacare was any good then there’d be no delay and no waivers.

reliapundit on July 2, 2013 at 10:15 PM

It’s just too much BS from this admin. Speechless anymore.

bernzright777 on July 2, 2013 at 10:15 PM

It’s. The. Law.

d1carter on July 2, 2013 at 10:15 PM

Well there’s an election coming up in 2014. Wouldn’t want the Democrats to have their asses handed to them again when ObamaCare crashes and burns.

GarandFan on July 2, 2013 at 10:15 PM

1. Do we think President Obama knew about the delay in the employer mandate or did he have to wait to find out about it when Air Force One landed back in America and he could get a newspaper in front of him?
=======

Ugh,I do hate to ask:

An International newspaper,
African,or European news
-paper??!!
(sarc)

canopfor on July 2, 2013 at 10:17 PM

I can hear it now when Sebelius broke the news to Obama…

Dark Prez: What the hell am I looking at?! When does this happen in America?!
Colonel Sebelius: “Now”. You’re looking at now”, sir. Everything that happens now [indicates himself and Helmet] is happening “now”.
Dark Prez: What happened to “then”?
Colonel Sebelius: We passed “then”.
Dark Prez: When!?
Colonel Sebelius: Just now. Were at “now,” now.
Dark Prez: Go back to “then”!
Colonel Sebelius: When?
Dark Prez: Now!
Colonel Sebelius: “Now?”
Dark Prez: Now!
Colonel Sebelius: I can’t.
Dark Prez: Why!?
Colonel Sebelius: We missed it.
Dark Prez: When!?
Colonel Sebelius: Just now.
Dark Prez: … When will “then” be “now”?
Colonel Sebelius: 2015.

Electrongod on July 2, 2013 at 10:18 PM

6. Doesn’t this just give us another year or two of uncertainty and slow hiring?
=============

Oh dats a sneaky question,me thinks!!

canopfor on July 2, 2013 at 10:19 PM

Is this a ploy to save dems in 2014?

Can it be legally delayed since it is law or is the admin just ignoring law, again?

Russ86 on July 2, 2013 at 10:19 PM

…elections!

KOOLAID2 on July 2, 2013 at 10:21 PM

What will the GOP do..?

d1carter on July 2, 2013 at 10:21 PM

And this A$$clown got re-elected. Lord help us!

KCB on July 2, 2013 at 10:21 PM

It’s. The. Law.

d1carter on July 2, 2013 at 10:15 PM

A law that Obama chooses to ignore..

Electrongod on July 2, 2013 at 10:22 PM

Colonel Sebelius: 2015.

Electrongod on July 2, 2013 at 10:18 PM

Electrongod:Lol,umm,smacks of Space Balls,the movie:)

canopfor on July 2, 2013 at 10:22 PM

Left Freaks on Obamacare Delay…Somebody Needs A Whaaaaaaaaaaaaaaaaambulance!

It’s the law, even if it IS unworkable and delayed, bytches!

Resist We Much on July 2, 2013 at 10:22 PM

Demand a delay/repeal for the individual mandate…!

d1carter on July 2, 2013 at 10:23 PM

canopfor on July 2, 2013 at 10:22 PM

This entire administration smacks of Spaceballs.

Oh dats a sneaky question,me thinks!!

canopfor on July 2, 2013 at 10:19 PM

Oh yeah, that was sneaky. I like it.

cozmo on July 2, 2013 at 10:24 PM

5. By Obama’s definition, did the White House just do an end-around Congress to limit women’s access to birth control? Without employer mandate penalties being enforced, will the administration also be declining to enforce penalties on employers who don’t provide free birth control? Or, is that lobby not powerful enough to get a waiver?
=====================================================================

Crap,now its a…..


……..War on Knocked Up

and,

Un-Knocked Up Women!!!
(snark)

canopfor on July 2, 2013 at 10:25 PM

end-around Congress

11. Isn’t it an end-run around Congress?

Kraken on July 2, 2013 at 10:25 PM

Someone sent word down that O’ has to take a back seat to the party since His Excellency in his final term.

antipc on July 2, 2013 at 10:25 PM

canopfor on July 2, 2013 at 10:22 PM

:)

It just popped into my head..

Electrongod on July 2, 2013 at 10:25 PM

Russ86 on July 2, 2013 at 10:19 PM

I’m sure O can’t but the way the law seems to have been written that no one read the fine print too….I’m guessing HHS Sebelius can!

I don’t know that for sure though. Just a guess.

CoffeeLover on July 2, 2013 at 10:26 PM

canopfor on July 2, 2013 at 10:22 PM

This entire administration smacks of Spaceballs.

Oh dats a sneaky question,me thinks!!

canopfor on July 2, 2013 at 10:19 PM

Oh yeah, that was sneaky. I like it.

cozmo on July 2, 2013 at 10:24 PM

cozmo:Just freaggin Terrific:)

canopfor on July 2, 2013 at 10:27 PM

canopfor on July 2, 2013 at 10:22 PM

:)

It just popped into my head..

Electrongod on July 2, 2013 at 10:25 PM

Electrongod:That was good,and timely,haha!:)

canopfor on July 2, 2013 at 10:28 PM

d1carter on July 2, 2013 at 10:15 PM

Hahahaha!

Ted Torgerson on July 2, 2013 at 10:29 PM

Those of us who predicted that this whole damn socialist Obamacare thing is going to crumble on its own were proven to be right… It is the least popular program ever created by the f***ing liberals… It simply cannot survive…

mnjg on July 2, 2013 at 10:31 PM

MKH somehow got the NSA to give her a preview of the questions President Fly-strip will face when the MSM gets a hold of his skinny a$$.

Good work girl……..oh, and good luck getting answers.

antipc on July 2, 2013 at 10:32 PM

Number 1: Will the republicans use this correctly?

Of course not…sadface

jukin3 on July 2, 2013 at 10:33 PM

O has his people shopping around for a respectable war to get in to take the heat off on this one.

docflash on July 2, 2013 at 10:34 PM

My guess is this wasn’t just recently decided.

Kevin R on July 2, 2013 at 10:34 PM

John Roberts, please answer the courtesy phone. It’s flashing. John Roberts to the flashing courtesy phone, please!

SouthernGent on July 2, 2013 at 10:35 PM

the one thing i do know…the Rs have no answers.

and a second thing i know…this definitely shows how barry/hill will handle ‘border security’.

r keller on July 2, 2013 at 10:36 PM

On another note

The apocalypse has been put off until 2015…by satan himself.

Of curse the SCOAMF knew nothing about delaying the cACA.

jukin3 on July 2, 2013 at 10:38 PM

Not only do companies like Hobby Lobby NOT have to provide abortifacient, sterilisation, and contraception coverage, they don’t EVEN have to provide healthcare next year. Also, they have a new argument to use in court:

If the administration can arbitrarily and capriciously waive or delay mandates for businesses with more than 50 employers IN DEFIANCE OF THE CLEAR LANGUAGE OF THE LAW, then, why should employers have to obey Obamacare when providing it will violate their religious beliefs?c EVEN healthcare, they have an argument to use in court.

If the administration can arbitrarily and capriciously waive or delay mandates for businesses with more than 50 employers IN DEFIANCE OF THE CLEAR LANGUAGE OF THE LAW, then, why should employers have to obey Obamacare when providing it will violate their religious beliefs?

Resist We Much on July 2, 2013 at 10:40 PM

John Roberts, please answer the courtesy phone. It’s flashing. John Roberts to the flashing courtesy phone, please!

SouthernGent on July 2, 2013 at 10:35 PM

Right to voice mail…
John can’t be bothered with corrupt politicians and the American Citizens looking for the other branch to step in..
Nope…

Not his job…

Electrongod on July 2, 2013 at 10:41 PM

stalling the train wreck…
gee..wonder why?

I have invested more time and $ in 2 years preparing ER’s for this and the timeline…
all aboard the crazy train!
ER’s in specific industries will dump into the exchanges happily…yet they will still be watching the train run off the tracks and react accordingly.

heh..I knew it wouldn’t go off as planned..
I just watch the melt down.
Portuguese man o’ war.

bazil9 on July 2, 2013 at 10:42 PM

6. Doesn’t this just give us another year or two of uncertainty and slow hiring?


Actually
, it is even worse.

From AP’s post:

Forty-one percent of the businesses surveyed have frozen hiring because of the health-care law known as Obamacare. And almost one-fifth — 19 percent — answered “yes” when asked if they had “reduced the number of employees you have in your business as a specific result of the Affordable Care Act.”

.
Any business in the 59% which had not yet frozen hiring are now incentivized to sharpen their focus on the economic impacts the OTHER 41% were using as a justification for their hiring freezes. It is ALWAYS a mistake to be behind the curve on controlling G & A costs.

If you are a competitor of 19% of businesses that ALREADY HAVE reduced head count, you are going to take the OPPORTUNITY provided by the implementation delay to play catch up on throwing people overboard.

Upside?

After a mind boggling bad month of June, the SCOAMF administration has gone into hyperdrive in making NEW political mistakes.

Excellent!

PolAgnostic on July 2, 2013 at 10:44 PM

If the administration can arbitrarily and capriciously waive or delay mandates for businesses with more than 50 employers IN DEFIANCE OF THE CLEAR LANGUAGE OF THE LAW, then, why should employers have to obey Obamacare when providing it will violate their religious beliefs?

Resist We Much on July 2, 2013 at 10:40 PM

“Because … shut up! That’s why. What are you going to do about it?? Ha!” — Barky, the Dog-Eating, Third-World Retard, and Benedict Roberts, the Treasonous Court Jester.

ThePrimordialOrderedPair on July 2, 2013 at 10:45 PM

Well, since the enforcement of laws is now optional, the “the GOP can’t refuse to fund ObamaCare because it’s THE LAW” question has been definitively put to rest.

If the GOP were smart…and had b@lls…they’d simply announce the following:

“Nuh uh. We either implement all of the law or none of it. We will fund full implementation…we will not fund “leave out the parts that are going to have the American people dragging Democrats into the streets”. Choose, Democrats.”

Either choice the Democrats make would be DISASTROUS for their party.

Unfortunately, Republicans are cowards and lickspittles, so it will never happen.

rvastar on July 2, 2013 at 10:49 PM

Is the new social con tactic pretending that the 2012 election didn’t happen?

libfreeordie on July 1, 2013 at 6:03 PM

Is the new Prog tactic pretending that Obamacare hasn’t been underwater with the American public since May 2009?

Resist We Much on July 2, 2013 at 10:50 PM

“Dark Prez”

Hey, that’s racist!!!

:)

brainy435 on July 2, 2013 at 10:55 PM

In order:

1. Teh SCOAMT had the WaPo faxed to him on Air Force One.
2. Damn straight. There’s a couple reasons for that beyond the fact that we mere subjects don’t have a voice – it dumps more people onto Sebelius’ exchanges, and it shoves the pain for both individuals and businesses into 2015, “conveniently” after the 2014 mid-terms.
3. Allow me to put on my Lefty mask – “We need to destroy the private sector.” <Lefty_mask_off>
4. Allow me to redon my Lefty mask – “Teh SCOAMT IS the law.” <Lefty_mask_off>
5. Come on; you know the answer to that – Consequences-free Fluking must be subsidized at all costs <Lefty_mask_off_and_burned>.
6. It will somewhat slow down the change to a part-time workforce, but make it more complete.
7. You forget who controls the narrative.
8. I’m sure Roberts and company will give them standing – after all, the majority of Lawgivers-In-Black see their domain as refereeing the battle between not-liberal-enough non-person entities and the perpetually-aggrieved, and OFA qualifies as perpetually-aggrieved as a lieberal organization.
9. As Roy notes, it is another step in the destruction of private health insurance.
10. Mamama we’re all crazee now
Exit – I’m waiting for Hell to freeze over (and not the town in Michigan).

Steve Eggleston on July 2, 2013 at 10:56 PM

Question 11: When will our military leaders wake up, as did Egypt’s, and to go ahead and just do it?

Running out of time, Star-boys. The nation, that is. Do it!

TXUS on July 2, 2013 at 10:59 PM

the Democrats Rahmed this thing through now they don’t want to pay the price. They know the IRS isn’t going to able to protect them this time around so they do what they do best, delay and obfuscate. If you can’t get this going in 4 years what’s this extra year going to do?

There is no doubt the 2014 election has everything to do with this and I believe they should pay and pay through the nose for what they’ve foisted on the American People.

bflat879 on July 2, 2013 at 10:59 PM

end-around Congress

11. Isn’t it an end-run around Congress?

Kraken on July 2, 2013 at 10:25 PM

Ha, yes. My bad. My Southernness showing. We like to shorten things.

Mary Katharine Ham on July 2, 2013 at 11:23 PM

Ten questions about the Obamacare employer mandate delay

What difference, at this point, does it make?

ShainS on July 2, 2013 at 11:54 PM

Alternative scenario: 2015 allows for Amnesty to pass, 2014 elections keep status quo, then citizenship by fiat in late 2014 – all ready for 2015.

OldEnglish on July 2, 2013 at 11:54 PM

11. Where’s Nancy Pelosi’s giant gavel right now?

Answer: Up Kathleen Sebelius’ rear end.

ardenenoch on July 2, 2013 at 11:57 PM

Those Friday employment numbers must be pretty bad!

countmein on July 2, 2013 at 11:57 PM

Jeez, MKH, you missed the now question that matters:

“Since the whole purpose of ObamaCare was to insure the uninsured, most of whom presumably would be relying on individual coverage, isn’t this failure just an admission the core effort has been a total failure?”

MTF on July 2, 2013 at 11:59 PM

So if the Executive branch can simply delay or ignore a law passed by the Legislature, can’t a Republican do this? Simply suspect mandates for everyone – forever? This requires Congressional approval. I hope that the Republicans made the Democrats eat their own crap sandwich that they forced upon everyone.

mouell on July 3, 2013 at 12:14 AM

Here’s my question: When did the President get the power to just implement or not implement things however he wants?

Doesn’t like DOMA? We just won’t enforce that.

Don’t like immigration laws? We just won’t enforce those.

Don’t like Obamacare? We’ll get it going whenever we want.

What part of that oath he took… oh, I guess he can decide which parts of that he wants to do when too…

Tell me why he’s called a president and not a king.

UnderstandingisPower on July 3, 2013 at 12:14 AM

It simply cannot survive…

mnjg on July 2, 2013 at 10:31 PM

I wouldn’t bet the mortgage on that.

chemman on July 3, 2013 at 1:02 AM

The Employer Mandate just got left on a rooftop in Benghazi.

trigon on July 3, 2013 at 1:18 AM

Is Obamacan’t.com already taken? I could be a billionaire by Monday.

IndieDogg on July 3, 2013 at 1:55 AM

He really has no idea what goes on. No different then that Law Review he ghosted.

pat on July 3, 2013 at 2:40 AM

The Employer Mandate just got left on a rooftop in Benghazi.

trigon on July 3, 2013 at 1:18 AM

You are my hero

johnnyboy on July 3, 2013 at 3:16 AM

“Nuh uh. We either implement all of the law or none of it. We will fund full implementation…we will not fund “leave out the parts that are going to have the American people dragging Democrats into the streets”. Choose, Democrats.”
rvastar on July 2, 2013 at 10:49 PM

yep.

8 weight on July 3, 2013 at 7:03 AM

I guess this wasnt that big of a F…ing deal after all

cmarceron on July 3, 2013 at 7:47 AM

How can they delay a tax just by saying so? This whole Ocare thing is as messed up as the regime’s foreign policy. Are we still giving F-16s to Egypt, too?

Kissmygrits on July 3, 2013 at 8:05 AM

Since this was a comprehensive health care law, what’s going to happen when they pass the comprehensive amnesty law? Delay and pick and choose which provisions to implement, too? You know it’s gotta be the same one cell brains behind these two pos pieces of legislation.

Kissmygrits on July 3, 2013 at 8:13 AM

I’m confused. Tha ACA is a LAW passed by Congress and signed by the President. The employer mandate is part of that law. HOW can the President just suspend a provision of a US Law by executive authority?

Can he also do this for other laws? Maybe he decides part of the Patriot Act needs to be suspended? Can he just do that too? Can he suspend on his own authority the Defense of Marriage Act? If so, why didn’t he just do that already?

Who gave the President this increased level of power and authority over which laws should be followed and which he can just suspend?

Certainly Congress can vote to alter/update and existing law – but how does the President get to do this on his own?

Do Democrats support this almost unlimited authority that Obama has now just taken on? What happens – now that the precedent is set – when a Republcan is President and decides to suspend the Voting Rights Act entirely, or the Immigration Act, or the Healthcare Act, or….

Obama just grabbed a whole new level of absolute authority that makes what Snowden revealed look like kiddie stuff – and NO ONE is talking about this?!

sultanp on July 3, 2013 at 8:36 AM

I guess that shipment of fairy dust, sunshine, moonbeams, rainbows and unicorns is running late.

Obama must HATE women by deliberately delaying the ultimate “paradise on earth” legislation.

Kingfisher on July 3, 2013 at 8:44 AM

Is the new social con tactic pretending that the 2012 election didn’t happen?

libfreeordie on July 1, 2013 at 6:03 PM

I’m sorry, I didn’t realize we criticized your false god. I thought the First Amendment protected the right to criticize the government.

I guess you owe us an apologize for criticizing Bush or do you believe that criticism is reserved to liberals only?

Kingfisher on July 3, 2013 at 8:51 AM

This is a mistake on their part. It gives us something to run on in 2014. If we want to stop ObamaCare, then we must vote Republican and get out the vote!

Had it been in place. People could say it is old news.

jeffn21 on July 3, 2013 at 8:51 AM

So this is scheduled to go into effect 1/1/2015 now. The mid-terms are 11/2014. Most companies will be rolling out their healthcare plans and having the enrollment periods just BEFORE the 2014 election. Employers have to do the roll-out a few months in advance, so this is going to be an eye-opener for many people just before the election!

ConservativeMom on July 3, 2013 at 9:07 AM

The swinish Massachusetts state legislature just pulled the same shenanigans. They pushed back a planned 500 million dollar increase until AFTER Markey won the special election.

And what did the 4th estate do?

Crickets…

CaptFlood on July 3, 2013 at 9:16 AM

Question #11; Did Obummer delay the mandate till 2015 to wreck Hillary’s chances for 2016?

Herb on July 3, 2013 at 9:17 AM

The swinish Massachusetts state legislature just pulled the same shenanigans. They pushed back a planned 500 million dollar increase until AFTER Markey won the special election.

CaptFlood on July 3, 2013 at 9:16 AM

Oldest trick in the book and it still works.

MelonCollie on July 3, 2013 at 9:44 AM

Question 11: When will our military leaders wake up, as did Egypt’s, and to go ahead and just do it?

Running out of time, Star-boys. The nation, that is. Do it!

TXUS on July 2, 2013 at 10:59 PM

You have no idea how much I would like to ask a military leader this in complete confidence.

The civilian sector has gone and thrown itself in a quicksand pit far too deep to climb out of. Literally the only questions left are when we drown and when the ‘rats start abandoning ship. The GOP is hopeless and the last chance for a 3rd-party vote went off to join the dodo in 2012.

Our last hope is the military. And at the rate Obummer is neutering them they won’t have long before their effectiveness is too low. If someone or several someones have…shall we say…last-ditch contingency plans…now is the time to use them.

MelonCollie on July 3, 2013 at 9:51 AM

Si Se Puede!

kirkill on July 3, 2013 at 9:58 AM

Lol,umm,smacks of Space Balls,the movie:)

canopfor on July 2, 2013 at 10:22 PM

Great, just what we need, a shrewish princess.

GWB on July 3, 2013 at 9:59 AM

How about this is blantantly illegal!!!!Obama cannot pick and chose which laws to enforce! We are not governed by a dictator/tyrant; he and his administation have no standing in delaying this LAW!!!!!

phoebe1 on July 3, 2013 at 10:25 AM

All great questions, none of which will help Democrats. My first thought was that if the mandate doesn’t apply to employers, but does apply to individuals, doesn’t this help solve the problem they are having with individuals signing up for the exchanges and medicare? If that is the case, it’s the individuals, i.e., voters, who are going to be pi$$ed off. However, anyone who works for a company already providing healthcare insurance might be relieved if their premiums don’t go up. I doubt this has anything to do with helping out employers.

lea on July 3, 2013 at 10:30 AM

Agreed that the Executive cannot ignore the LAW simply by decree.

As such, this does NOTHING to protect a company that does not follow the law. Anyone “injured” in 2014 because a company does not follow the law CAN bring suit against the company.

Corporate America is going to be screaming at Congress to change the LAW to be in alignment with the decree.

Carnac on July 3, 2013 at 12:05 PM

We are not governed by a dictator/tyrant;

phoebe1 on July 3, 2013 at 10:25 AM

I’m not sure you’ve been paying attention the last few years. Or, did you forget the “supposed to be” between “not” and “governed”?

GWB on July 3, 2013 at 12:05 PM

I think the Republicans in Congress should double down on this. Offer an amendment to Obamacare to delay implementation of everything in it until January 1, 2016. This would (a) put the implementation date at the start of an election year, and (b) delay the individual mandate, thus reducing the tax burden on the uninsured for two years.

Then I’d like to see how the Democrats react. “The Affordable Care Act is essential to our country. We need to implement it on schedule! Uh, except for the parts that President Obama wants to delay.”

J.S.K. on July 3, 2013 at 12:12 PM

This delay needs to be scored with the CBO and spending needs to be cut to Pay For the delay. I think they should also delay taxing cadillac insurance plans, since it is complicated, and delay engorging Medicaid since it is so complicated.

Fleuries on July 3, 2013 at 2:55 PM

I’m wondering….what possible incentive does a business that’s victimized by this law have to take obama’s word for this?

What I mean is, since congress didn’t pass this change to the law, if a business actually decides to ignore the employer mandate for the year, what’s to keep obama from enforcing it “retroactively”? Especially against, say, a politically disfavored business like an oil company.

What mechanism is being used to do this arbitrarily? If it’s an executive order, can’t it simply be reversed with another executive order? Oh, sure, a court would be expected to side with the business under such circumstances, right?

Right?

runawayyyy on July 3, 2013 at 6:58 PM