Friday, August 9, 2013

Obama can't even follow his own law. Surprised?

From the Wall Street Journal:
"Congress's ObamaCare Exemption"

I'm shocked, SHOCKED.  (That's sarcasm, by the way.)  Obama can't allow ObamaCare to function as the law was passed.  Again.

It shows that Obama and the Democrats have no respect for the rule of law nor any understanding of the law that they passed.  I used to think that they were simply to stupid to understand the impact of the law.  But it turns out that they don't understand the law itself, or the simply don't care.  I'm not sure which is worse.
The Affordable Care Act requires Members of Congress and their staffs to participate in its insurance exchanges, in order to gain first-hand experience with what they're about to impose on their constituents.
Harry Reid revised the Grassley amendment when he rammed through his infamous ObamaCare bill that no one had read for a vote on Christmas eve. But he neglected to include language about what would happen to the premium contributions that the government makes for its employees. Whether it was intentional or not, the fairest reading of the statute as written is that if Democrats thought somebody earning $174,000 didn't deserve an exchange subsidy, then this person doesn't get a subsidy merely because he happens to work in Congress.
But the statute means that about 11,000 Members and Congressional staff will lose the generous coverage they now have as part of the Federal Employees Health Benefits Program (FEHBP). Instead they will get the lower-quality, low-choice "Medicaid Plus" of the exchanges. The Members—annual salary: $174,000—and their better paid aides also wouldn't qualify for ObamaCare subsidies. That means they could be exposed to thousands of dollars a year in out-of-pocket insurance costs.
Oh, the horror.  Having to live the same rules they impose on the rest of us.
And now the White House is suspending the law to create a double standard. The Office of Personnel Management (OPM) that runs federal benefits will release regulatory details this week, but leaks to the press suggest that Congress will receive extra payments based on the FEHBP defined-contribution formula, which covers about 75% of the cost of the average insurance plan. For 2013, that's about $4,900 for individuals and $10,000 for families.
This latest White House night at the improv is also illegal. OPM has no authority to pay for insurance plans that lack FEHBP contracts, nor does the Affordable Care Act permit either exchange contributions or a unilateral bump in congressional pay in return for less overall compensation. Those things require appropriations bills passed by Congress and signed by the President.
So the White House is once again rewriting the law unilaterally, much as it did by suspending ObamaCare's employer mandate for a year. For this White House, the law it wrote is a mere suggestion.
The lesson for Americans is that Democrats who passed ObamaCare didn't even understand what they were doing to themselves, much less to everyone else. But you can bet Democrats will never extend to ordinary Americans the same fixes that they are now claiming for themselves. The real class divide in President Obama's America is between the political class and everyone else.