Remember this? This is when the WH got all pissy when Darrell Issa trended the #ObamaCareInThreeWords hashtag.
So what happened to it being law? If is the law then what Obama did by delaying the employer mandate until after the 2014 election season is illegal.
Republicans are slamming Obama saying this is yet another manifestation of his flagrnat disregard for the rule of law.
“The president has delayed a critical component of the Affordable Care Act,” said a statement from Rep. Darrell Issa, chairman of the House Government Reform Committee, who opposes the Obamacare law.
“This is another in a string of extra legal actions taken by his administration to mask the horrible impact his law will have on the economy and health care in the United States,” said the statement.
Iowa Republican Rep. Steve King, also slammed the announcement.
In June 2012, “Obama refused to enforce current immigration law-very bad,” he said in a June 3 tweet. “Now, he refuses to enforce his own law… The law is specific & must go into effect day one of 2014,” he said.
“Only lawful alternative is for Obama to ask Congress 2 fix.”
The administration claims they need more time to get things ready on the reporting side and that the delay means they are listening to employers.
“The administration is announcing that it will provide an additional year before the [Affordable Care Act] mandatory employer and insurer reporting requirements begin,” reads the July 2 statement from a mid-level official, Mark J. Mazur, the assistant secretary for tax policy at the treasury department.
“We recognize that this transition relief will make it impractical to determine which employers owe shared responsibility payments … [so] these payments will not apply for 2014,” the statement continued.
So even though Obama chose to delay the mandate for business the penalties will still be there when Obamacare is implemented.
The law “is blunt that it ‘hereby impose[s] on the employer an assessable payment for failing to adhere to the employer mandate,” says Nicholas Bagley in a bog post.
“The natural inference is that the penalty comes into force on January 1, 2014, whether or not the agency has the reporting machinery in place to administer it,” he wrote.
Section 1513 of the Affordable Care Act (ACA, better known as Obamacare) requires all large employers to provide health insurance for their employees. “Large employers” are those with at least 50 full-time employees, and “full-time” is defined as averaging 30 or more hours per week.
Section 1513’s “Employer Mandate” is one of five parts of the ACA that are absolutely essential for this government-run system to work, with the most well-known of those five being the infamous “Individual Mandate” upheld by the Supreme Court as a tax by a controversial 5-4 decision in 2012.
And the Employer Mandate is mandatory. The law Congress wrote explicitly commands that this provision takes effect in January 2014. The ACA does not permit the government to grant a reprieve or an extension.
Yet in a blatantly illegal move, the Obama administration is presuming to rewrite the ACA by choosing not to enforce provisions that are causing visible problems. The IRS—which is tasked with enforcing the Employer Mandate—will simply not enforce it until 2015. Every large employer in the country is under the mandate. If they don’t comply, then they are breaking federal law.