Green Room

[UPDATED] WH: We’ll veto legislation delaying the employer mandate

posted at 12:26 pm on July 17, 2013 by

The president’s red lines, deadlines, and veto threats don’t really mean much anymore — but this move is still telling.  He’s already imposed his sovereign will here, legislative branch, so butt out:

President Obama would veto a House bill aimed at legally delaying the employer mandate for a year, the White House announced on Tuesday, even though his administration has already issued a regulation embracing the delay. On July 2, the Department of Treasury announced it would delay until 2015 a provision of Obamacare that requires larger employers to provide acceptable health insurance or pay a penalty. But it wasn’t clear that the administration had the legal authority to do so, as the text of Obamacare states that the mandate, “shall apply to months beginning after December 31, 2013.” Thus, Republicans have introduced a bill in the House to codify into law the delay that Obama already supports. They have also proposed legislation that would extend the same delay to individuals required to purchase government-approved health insurance or pay a tax.

Phil Klein’s verdict:

It’s an incredibly arrogant attitude toward power for Obama to suggest he can arbitrarily rewrite the law by waving his regulatory wand with one hand, and then wave his veto pen with the other when Congress asserts its Constitutional authority to make changes to the law.

This isn’t the first time this White House has leveled a veto threat against Obamacare-related legislation crafted to codify an action Obama had already unilaterally taken.  The president also vowed to reject a law that would have granted him more discretionary power and flexibility vis-a-vis sequester cuts.  That would have complicated his ability to blame someone else for the consequences of his own idea, you see.  Can’t have that.  This president wants exactly the amount of power he needs at any given moment to achieve his immediate political ends — no more, no less.  And he takes it. Congressional Republicans should keep plugging away at their “delay the individual mandate tax” push;  the public is with them.  If Senate Democrats refuse to vote for a measure that appeals to people’s sense of fairness and delays an exceedingly unpopular provision in an unpopular law, let them justify their actions to voters.  And if the bill somehow gets to Obama’s desk, let him veto it, then relentlessly tie vulnerable Democrats to his decision as the 2014 campaign narrative takes shape.  I’ll leave you with Boehner using Obama’s favorite word — “fairness” — a lot during his press conference today.  He hails the passage twin Obamacare delay bills, demands equal treatment for families and individuals, and reminds the president that only Congress has the authority to write or re-write laws:

UPDATE: The House has defied the White House’s veto threat, easily passing both the bill mentioned above, and a companion bill that would also postpone the mandate tax for a year.  The bipartisan margins were substantial thanks to roughly three dozen House Democrats who ignored Nancy Pelosi’s pre-vote whipping and sided with the GOP on the employer mandate.  Nearly two dozen did the same on the mandate tax.  Over to you, Senate.  This is perfect and pithy:

 

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But, but, but, I got to look out for all my donors!!!!!!

Barred on July 17, 2013 at 12:45 PM

Fine. Send him the bill and make him veto it. Send it again a week later. Repeat.

CurtZHP on July 17, 2013 at 12:58 PM

Obama to legislative branch:
“You are irrelevant. Resistance is futile. You will be eliminated.”

Marcola on July 17, 2013 at 12:58 PM

Fine. Send him the bill and make him veto it. Send it again a week later. Repeat.
CurtZHP on July 17, 2013 at 12:58 PM

Sounds good, but Harr-ball will never allow the Senate to take up the bill. So, nothing to veto.

Marcola on July 17, 2013 at 12:59 PM

This creates standing, and would be an incredible opportunity to file a law suit that would easily reach the SCOTUS and should lead by any Constitutional interpretation that the law should be overturned.

But then its the Robert’s court, so he’d rewrite the freaking thing so that he could say its fine.

Crazy times we live in.

Ca97 on July 17, 2013 at 1:06 PM

The only reason I can find to both veto laws delaying the employer mandate, and implementing the employer mandate through executive order, is that the latter can be overturned by the courts, and the penalties for noncompliance applied retroactively.

Sort of having his cake and eating it too.

Applying the penalties to employers evil enough to employ persons within America, and delaying the public recognition until it is too late to vote out some of the fellow sociopaths inflicting it until another election cycle has passed (and the requisite damage O’s fellows can inflict on the country during another election cycle)(see FDR).

jhnone on July 17, 2013 at 2:12 PM

Obama: “Constitution? Sorry, never read it. It’s in cursive.”

The Rogue Tomato on July 17, 2013 at 2:57 PM

Obama: “The House is going to pass a bill about obamacare? I’m going to veto it…. what do you mean I ought to find out what it’s about…”

sadatoni on July 17, 2013 at 4:04 PM

The only reason I can find to both veto laws delaying the employer mandate, and implementing the employer mandate through executive order, is that the latter can be overturned by the courts, and the penalties for noncompliance applied retroactively.

Sort of having his cake and eating it too.

Applying the penalties to employers evil enough to employ persons within America, and delaying the public recognition until it is too late to vote out some of the fellow sociopaths inflicting it until another election cycle has passed (and the requisite damage O’s fellows can inflict on the country during another election cycle)(see FDR).

jhnone on July 17, 2013 at 2:12 PM

We have a winner. HR 2667 (the employer mandate/insurance reporting delay bill) is as clean as it gets.

Steve Eggleston on July 17, 2013 at 4:46 PM

The nicest thing I can say about this President is that he’s a dictator. If I want to be less nice, I could leave off the “tator.”

Gingotts on July 17, 2013 at 5:15 PM

Fine. Send him the bill and make him veto it. Send it again a week later. Repeat.

CurtZHP on July 17, 2013 at 12:58 PM

Exactly. MAKE him respond so outrageously that everyone will see what this guy is all about. MAKE him try and overrule the checks and balance systems. Sure..he does it all the time, but dems and repubs and the msm provide distractions for him, so he can act the “compassionate president”. Stop it. MAKE him wield his clubs for all to see.

Unfortunately, the repubs don’t have the guts to save the country. Boner’s focus is presently on the “important” cause of finally doing “something” for the children of alien criminals. This is just the cowards way of caving in on amnesty for criminals, while he will not say a word on Holder plan on having law abiding citizens stripped of their right to protect themselves from aggressive criminals.

Mimzey on July 17, 2013 at 7:47 PM

ROLL CALL:

http://clerk.house.gov/evs/2013/roll363.xml

FINAL VOTE RESULTS FOR ROLL CALL 363
(Republicans in roman; Democrats in italic; Independents underlined)

H R 2668 YEA-AND-NAY 17-Jul-2013 6:58 PM
QUESTION: On Passage
BILL TITLE: Fairness for American Families Act

—- YEAS 251 —

—- NAYS 174 —

canopfor on July 17, 2013 at 8:04 PM

Obama health care law

Full story: U.S. House Republicans vote to delay health care mandates – @Reuters

13 mins ago from http://www.trust.org by editor
=============================================

http://www.trust.org/item/20130717233921-30sv9

canopfor on July 17, 2013 at 8:08 PM

I told you, I TOLD you, I F’ING TOLD YOU!
He is going to attack any company that does not conform to the letter of the law with everything he has if they believed him last week.

gonnjos on July 17, 2013 at 9:08 PM

Phil Klein’s verdict:

It’s an incredibly arrogant attitude toward power for Obama to suggest he can arbitrarily rewrite the law by waving his regulatory wand with one hand, and then wave his veto pen with the other when Congress asserts its Constitutional authority to make changes to the law.

More accurately, when coupled with his intransigence, constant lying, manipulation of others and the law (when he isn’t simply ignoring the latter), frequent “reversals” on every subject under the sun (“That was true when I said it, but then again it wasn’t”), and constant degrading of anybody and anything he doesn’t like, a clinical psychologist would be compelled to conclude that he is a megalomaniacal sociopath with strong narcissistic tendencies.

As such, trying to parse anything he says or does is pointless. He will change his mind five seconds later, both to “prove” his superiority and because he enjoys seeing others damaged by his actions.

You cannot reason with the unreasonable, and you cannot rationally communicate with the irrational. They will always do something entirely different, often just to spite you, or because in their Universe, all the skies are pink.

clear ether

eon

eon on July 17, 2013 at 9:59 PM

Boehner thinks he’s cute. This is just an exercise in futility and he knows it. Reid will not bring this up for a vote. So it’s a no risk vote for Boehner, the Dems look good and it’s all for naught.

Same thing when Boehner votes to “Repeal Obamacare”, a vote to nowhere.

Now since he has the power of the purse, he could defund it. That is a ROFL since he has no courage. Even the thot of doing that would have him breaking out in a sweat and crying.

Boehner does what Reid tells him and Reid does what Obama wants.
That’s the way it’s been since 2010. The biggest mistake the House made was electing him Speaker.

bluefox on July 17, 2013 at 10:30 PM

On the other hand, the house GOP just gave 35 vulnerable democrats the opportunity to claim they voted to “reform” Obamacare.

Robert_Paulson on July 18, 2013 at 12:38 AM

Stupid vote. The goal should have been to let the people feel the pain prior to elections next year. The GOPe just saved themselves and incumbent dems from facing the wrath of voters.

AH_C on July 18, 2013 at 1:43 AM

Slipping through the cracks was a congressional hearing on obamacare implementation and security.

The Obamacare implementation is a total train wreck. The people implementing it are planning on performing their final testing on what will become the largest database in history DURING implementation. Additionally, there is NO SERIOUS security plan. In fact, the heads of the IRS and HHS implementation staffs have no idea of the ramifications of the approach they are taking.

NONE of the PRIMARY players implementing obamacare, IRS or HHS, were involved in the decision by Obama to NOT implement the employer mandate! This decision was NOT made by the IRS due to any tax regulation delays, which means this political decision is in FACT a VIOLATION of the constitution by Barack Obama.

This is an IMPEACHABLE action by President Obama and congress must immediatly demand that he OBEY the LAW!

Freddy on July 18, 2013 at 2:49 AM

So Obama is saying “we’d rather break the law than make the law.”

Power-tripping can be so addictive.

ProfShadow on July 18, 2013 at 8:25 AM

Obama: “Constitution? Sorry, never read it. It’s in cursive.”

The Rogue Tomato on July 17, 2013 at 2:57 PM

Love it!

Abelard on July 18, 2013 at 8:53 AM

Congress is doing this the wrong way…again! What Obama is doing is unconstitutional. Congress needs to be jamming him on that count, not playing into his hands by doing the same, unconstitutional, thing!!!!!

NavyMustang on July 18, 2013 at 10:58 AM