Saturday, February 15, 2014

The Unconstitutional Perfecta, Hank Adler, February 15, 2014

The President has reached "You have to be kidding!" stage of executive orders. The latest executive order with respect to Obamacare, as summarized in the Treasury Department 'Fact Sheet', provides:

The employer responsibility provision will generally apply to larger firms with 100 or more full-time employees starting in 2015 and employers with 50 or more full-time employees starting in 2016.

While the employer responsibility provisions will generally apply starting in 2015, they will not apply until 2016 to employers with at least 50 but fewer than 100 full-time employees if the employer provides an appropriate certification described in the rules.*

* Those that claim the exemption for 2015 will need to certify under penalty of perjury that they did not reduce their workforce to fewer than 100 employees in order to qualify.
Nothing about this executive order passes constitutional muster:

Executive orders cannot create or change law. Executive orders are for the purpose of administrating law.

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