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I was some new questions now about whether President Obama is stretching the limits of his offense by delaying parts of his health care law.
And which parts you might want to ignore according to legislation passed by congress three years ago the employer mandate which the president now wants to delay here.
Quote shell applied to months beginning after December 31 2013.
So -- President Obama violating his oath to uphold the laws of the country.
Just in part -- Fox News senior judicial analyst in the wondering as we bring this up judges because.
Some members of congress have said that they might pursue this that they believe that they sign this into law.
And that the president it's his duty.
To implement it.
You know this is this a murky area of the law.
And presidents since Thomas Jefferson.
Have said publicly there -- parts of the law that I disagree with a -- I think are unconstitutional not gonna enforce.
It's hard for the president to believe that he disagrees with this -- that this is unconstitutional.
Since this is the centerpiece of his presidency this is basically the part of Obama care.
That says to all entities that employ fifty or more people you shall make available health care and it shall have these services.
As you say from the months beginning after December 31 thirteen or January 1 fourteen.
So why would he delay by a year and candy why -- delay you can speculated maybe he doesn't want this to kick in before the president that -- congressional elections.
It's funny fortune -- -- spec cars he knows it's likely to raise insurance premiums and deny some people the affordable health care they once had.
Can he do it.
Well he's not supposed to do it.
And he's taken an oath to uphold all the laws but there's little that anybody can do to stop him from doing it.
No one could really sue him.
And get a court to order him.
To enforce the law as it was written because that would be the courts telling the president how to do his job and the courts where -- are reluctant to do that.
When president George W.
Bush signed into law in the act of signing into law a statute.
Prohibiting the federal agents from reading mail without search warrants he said of signing this into law but I have no intention of enforcing it and in fact he didn't enforce.
And I'm not just picking on George -- as I said Thomas JIS as well every president in the.
And it seems ridiculous on the fifth set it anyway easily you know it when you look like that -- when I look at that the language of the bill.
It seems like typical legally is to -- his face in -- months out and it doesn't have switch months now I'll call eight as of January all right -- -- -- -- you how ridiculous the statute -- Because the statute this section -- -- also says it -- begin in the month beginning after December 31 when he fourteen months after months after it also says subject to rules promulgated by the IRS barrister promulgate any rules should be president.
You're all right exactly so we really don't know where we're going the only -- Supreme Court looked at this was when President Nixon decided not to spend money.
That the congress and budgeted in the court said you can't do that you -- and -- -- the first they tell you to spend money you have to spend we're not gonna tell you how to spend it or how to regulate.
Cause that's your job -- right.
Yeah there were supposed to have three equal parts of government yes it's the legislative executive and judicial -- -- -- -- But this would suggest that they're not because -- if you're a member of congress who fought to sign this into law and you got a sign into a lot and you're feeling is that unless we implement this thing.
All the parts of it the rest of the parts don't work they rely Danny gets to work -- hi all I hear what's your -- I love.
I condemn the statute and I believe the Supreme Court was wrong to a pulled it but if members of congress sue the president to force him to enforce it.
They will at least force the courts to do something with that lawsuit they may say you don't have a right to sue you don't have standing our -- You know what a lot of people are gonna suffer if this thing isn't and enforce.
Because they dropped to their health care because they knew their employers had to make it available to them yeah so I would encourage members of congress to file those lawsuits.
But I'm not optimistic about -- -- -- Sea level what would happen.
You know I mean I'm the face of it in terms of of the law the health care law as it's as it holds up.
What about that does it fall apart once you start to pull out some of the pieces of this -- up.
Yes it does fall apart if -- -- up the pieces of the puzzle because a lot of people.
Were planning to have health care offered to them by their employers.
On January 1 of fourteen -- January 1 of 15 January 1 of fourteen and a lot of insurance carriers and employers including our own.
Had been preparing for that now all of a sudden there's a delay.
Why the delay.
Who covers these people during during more ambiguity exactly and more uncertainty -- and uncertainty is the opposite of what the -- supposed to bring judge thank you very much -- -- -- perfectly clear right.
But but if it just an --
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