Obama Gives Unconstitutional Extension to Employers

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Once again, the Obama administration has announced that President Obama will extend a part of the Affordable Care Act (aka Obamacare). Where the president is given this authority is unclear. Constitutional or not, lawful or not, it will be done.

The Obama administration announced Monday it would give medium-sized employers an extra year, until 2016, before they must offer health insurance to their full-time workers.

Firms with at least 100 employees will have to start offering this coverage in 2015.

By offering an unexpected grace period to businesses with between 50 and 99 employees, administration officials are hoping to defuse another potential controversy involving the 2010 health-care law, which has become central to Republicans’ campaign to make political gains in this year’s midterm election.

Even the nation’s largest employers got a significant concession: They can avoid a fine by offering coverage to 70 percent of their full-time employees in 2015 and 95 percent starting in 2016. Under an earlier proposal, employers with at least 50 employees would have been required to offer insurance, beginning 2015, to 95 percent of those who work 30 hours or more a week, along with their dependents.

The regulation finalized by the Treasury Department involves one of the biggest issues surrounding the Affordable Care Act: how the law’s employer mandate plays out in practice. The mandate has enormous ramifications for how businesses classify their employees and how much these men and women work.

The president has made many modifications to the ACA law, even though the law does not allow for such modifications without the law being sent back to congress. By the same token, congress has not bothered to challenge the president on his unconstitutional actions. Both the house and the senate remain mostly silent.

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