|
Are Health-Care Waivers Unconstitutional?
 The president cannot simply decide who does and does not have to follow the law.I was wondering whatever happened to the Magna Carta. The constitutional dispute over the health-care law has thus far centered on the lawfulness of the statute itself -- most dramatically when, last week in Florida, a federal judge held the act to be void. Waiting in the wings, however, is another constitutional question, one concerning not the statute, but waivers from it. The Department of Health and Human Services has granted 733 waivers from one of the statute's key requirements. The recipients of the waivers include insurers such as Oxford Health Insurance, labor organizations such as the Service Employees International Union, and employers such as PepsiCo. This is disturbing for many reasons. At the very least, it suggests the impracticability of the health-care law; HHS gave the waivers because it fears the law will cost many Americans their jobs and insurance. More seriously, it raises questions about whether we live under a government of laws. Congress can pass statutes that apply to some businesses and not others, but once a law has passed -- and therefore is binding -- how can the executive branch relieve some Americans of their obligation to obey it? The dangers of inequity are obvious. Will only corporations and unions get waivers, or can individuals also get them? For example, if a family physician feels financial pressure under the health-care law to fire one of his employees, will he get a waiver to avoid adding to unemployment? Indeed, can even a small corporation get a waiver? Small businesses provide most new jobs, but the answer is obvious: Waivers are mostly, if not entirely, for politically significant businesses and unions that get the special attention of HHS or the White House. The rest of us must obey the laws. More interesting facts at link. Although, I don't know why anyone is still surprised at this. This IS the Chicago way of doing politics and Bambi is a Chicago politician. Posted by: DarthVader 2011-02-08 |
| http://www.rantburg.com/poparticle.php?ID=315621 |