Sec. 2 here looks like it allows HHS/IRS to ignore the individual and employer mandates.https://twitter.com/OKnox/status/822610348587020288 …
Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com
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Gabriel Malor Retweeted Oblivier Knox
Sec. 2 here looks like it allows HHS/IRS to ignore the individual and employer mandates.https://twitter.com/OKnox/status/822610348587020288 …
Gabriel Malor added,
You will recall that Obama also directed HHS/IRS not to enforce the individual mandate for a period of time after it became law.
And Obama also ordered that people with non-compliant plans would not be penalized for an extra two years.
It was a form of executive discretion that I came to call the Obama Rule and urged the next GOP president to adopt.http://thefederalist.com/2014/11/18/republicans-should-embrace-the-obama-rule/ …
Gabriel Malor Retweeted
It's too late. Obama created a new norm. Trump is now exercising the powers that Obama assumed to the executive branch. https://twitter.com/Piranesi_GM/status/822612940926963712 …
Gabriel Malor added,
Remind your liberal friends that Obama started this when they protest that Trump can't just willy-nilly ignore laws.
Sauce for the goose, is what I said then. (I was right.)http://thefederalist.com/2014/11/18/republicans-should-embrace-the-obama-rule/ …
The more interesting question, for me, is whether this EO moots the contraception mandate cases still pending.
I'm inclined to think it won't, since the mandate is still on the books and could be reimposed on a whim, but it's an unusual situation.
This interpretation of the effect of the EO on the cases, to be clear.
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