Tuesday, January 7, 2014

11 Republican Attorney's General Send Letter to Health and Human Services Stating that Obama's Changes to Health Care Law Are Illegal

West Virginia Attorney General Patrick Morrisey [pictured above] and 10 other Attorney's General go after Obama for illegal changes to Obamacare law

by Larry Simons
January 7, 2014

11 Attorney's General led by West Virginia A.G. Patrick Morrisey all signed a letter dated December 26, 2013 and sent it to Health and Human Services Secretary Kathleen Sebelius, stating that President Obama is breaking the law by making changes to the Affordable Care Act without going through Congress.

As we reported here at RTO on November 22, 2013, Obama is not only breaking the law [his own law] by allowing mandates of the Affordable Care Act to be delayed for certain groups of people for certain periods of time, but is violating the "take care" clause of the Constitution [Article II, Section 3] which states that the President "shall take Care that the Laws be faithfully executed."

Although Obama has violated his own law on more than one occasion, Morrisey and the other 10 Attorney's General only specifically address Obama's so-called "fix" in which Obama granted permission for insurance companies to continue to offer their customers the plans that had been cancelled because of the Affordable Care Act's new provisions in response to his own lie that people could "keep their plans if they liked them."

In Morrisey's letter, in addition to the charge that Obama is violating the Constitution's "take care" clause, it also states that Obama's "fix" "unlawfully creates either a new statutory obligation in violation of the separation of powers or a new rule in violation of the Administrative Procedure Act."

The 11 Attorney's General agree that the Americans who received cancellation notices in the mail should be able to keep their plans, but they argue that Obama must enact his changes lawfully, through Congressional action.

The letter states, "More broadly, we are deeply concerned that this Administration is consistently rewriting new rules and effectively inventing statutory provisions to operationalize a flawed law. And the irony, of course, is that the changes being put forth to fix the disastrous exchanges will ultimately destroy the market and increase health insurance premiums for consumers who played by the rules."

The Obama Administration disagrees and claims that the changes are "legal adjustments" to phase-in the new law. Bullshit. A law is a law. There is no distinction in the Constitution between laws that require phase-ins and those that do not. The President must faithfully execute all laws, period.

In reality, the entire Affordable Care Act is no law at all, because it is an unconstitutional law. The Jeffersonian concept of nullification says that an unconstitutional law is really no law. The federal government is given a list of 18 enumerated powers in the Tenth Amendment to the Constitution, all other powers are reserved for the States. The regulation of health care is not listed in the government's enumerated powers, therefore this law can be subject to nullification by the states. Under the Supremacy Clause of the Constitution, any law that is not "in pursuance thereof" to the Constitution, the States have the right to simply say "no" to it.

Morrisey's letter can be found here. The 11 Attorney's General are:

Patrick Morrisey  [West Virginia Attorney General]

Luther Strange  [Alabama Attorney General]

Samuel S. Olens  [Georgia Attorney General]

Lawrence G. Wasden  [Idaho Attorney General]

Derek Schmidt  [Kansas Attorney General]

James D. "Buddy" Caldwell  [Louisiana Attorney General]

Bill Schuette  [Michigan Attorney General]

Jon Bruning  [Nebraska Attorney General]

E. Scott Pruitt  [Oklahoma Attorney General]

Gregg Abbott  [Texas Attorney General]

Kenneth T. Cuccinelli, II  [Virginia Attorney General]