The Pledge

As you know, Obama invoked his imperial executive powers to delay the employer mandate for businesses with 50-99 employees. One aspect of it, however, has not caught much attention. In order to qualify for the exemption, businesses must certify, under penalty of perjury, that they did not cut down on employment to get under the 100 employee cap:

This week, the Obama administration finalized a regulation that delays enforcement of the employer mandate until 2015 for companies with 50 to 99 workers. Contained in the regulation was the clearest admission to date that Obamacare, and its employer mandate in particular, will indeed have a negative effect on jobs: To qualify for the delay, employers must certify that they haven’t reduced the number of workers in their company, or the total hours of service of its employees.

Put another way, if employers are going to take advantage of the one-year delay in enforcement of the employer mandate, they have to attest (under penalty of perjury) that they aren’t cutting jobs or reducing hours because of Obamacare. By pointing this out as a possibility — or an outcome to be avoided — the administration is acknowledging what it long denied: The law creates incentives for employers to cut hours and jobs.

Chen goes on to point out that this attestation of faith is purely political. Obama wants to be able to say that no business is cutting employees or hours to comply with Obamacare — and he has their own sworn statements to prove it!


Think about how lunatic this is. There is nothing even faintly illegal about businesses’ – indeed, all economic actors’ – making financial decisions based on tax consequences. (And remember, notwithstanding Obama’s misrepresentations to the contrary, Obamacare mandates are taxes – as Obama’s Justice Department argued and as Chief Justice Roberts & Co. concluded.) The tax consequences of Obamacare are profound – that is precisely the reason that Obama is “waiving” them. No responsible officers in a corporation of relevant size would fail to take them into account in making the decision to staff at over or under 100 employees; in determining whether some full-time employees should be terminated or shifted to part-time; or in making any number of the decisions Obamacare’s mind-numbing complexity requires.

The officers’ responsibility is to the owners of the company, the shareholders. The business exists to create value, not to provide employment – employing workers is a function of the value added to the enterprise, not the need to create a more favorable election environment for the statist political party. Corporate officers who overlooked material tax consequences would be unfit to be corporate officers.

What is illegal and irrational is not a company’s commonsense deliberation over its costs, it is Obama’s edict. And look what attends this one: criminal prosecution if Obama’s Justice Department decides the business has falsely certified that its staffing decision was not motivated by Obamacare.

Think about that for a second. The waiver is illegal. It flouts the language of the Obamacare statute, under which the employer mandate is required already to have been implemented by now. There is nothing in the law that empowers Obama to waive the mandate, much less to attach lawless conditions to such a lawless waiver. A business that seeks the waiver and fails to pay the mandated tax (in lieu of providing the required coverage) is in violation of federal statutory law, regardless of its compliance with Obama’s outlaw edict. The payments required by the statute, after all, are owed to the public, not to Obama – he’s got no authority to deprive the government of these funds just because it would harm Democrats to collect them.

I think the later point is very very important. Remember what I wrote a couple of weeks ago about Obama saying he won’t prosecute people who sell legal marijuana in Colorado and Washington? Obama is creating a system where people can be violate a stupid law but he will not prosecute them. For now. However, this waiver can be removed at any time at his pleasure. He invites companies to break the Obamacare law and then puts them at his mercy. Holder recently said banks could process funds for legal marijuana business but the banks are hesitant because they are not that stupid. They know the Feds could turn on them at any moment and seize all of their assets, claiming they are laundering drug money (and indeed, they would be, under federal law).

I realize that Congress is in a do-nothing mode. Having passed a budget and raised the debt ceiling, there are now rumbling that they are basically done with legislation for the year (note: they will still be paid as if they were legislating). Tax reform, immigration reform, Obamacare overhaul … all of these look like they will never happen. We have an absentee government.

Normally, that might not be such a bad thing. But we have a number of critical issues that need to be addressed. If Obama says he will waive Obamacare requirements for smaller businesses, Congress should pass a law (and remove the oath part). If Obama says we shouldn’t prosecute legal pot business, Congress should pass that into law. Without the protection of Congressional legislation codifying these things, everyone is at the President’s mercy.

Does anyone doubt there will be political games and favoritism in who is and isn’t prosecuted for violating the 100-employee rule? Does anyone doubt that political games and favoritism will play into which legal pot shops are prosecuted? Executive rule is arbitrary rule. It is no longer rule of law, it is the rule of man … a very specific man who has given little reason to believe he can be entrusted with that kind of discretionary power.

As I have said many times, this isn’t a partisan issue. Liberals shouldn’t want that kind of authority given to President Rubio in 2016. Congressional Democrats shouldn’t want their power usurped. Legal marijuana supporters shouldn’t want pot shops to be operating under the mercy of the President. Forget the letter next to the guy’s name. This is wrong and this is dangerous. It’s time to put a stop to it.

Meanwhile, businesses that qualify for the Obamacare waiver should refuse to take advantage of it. This will hurt and they will have to fire employees. But it’s better than swearing an oath that can’t possibly be true, violating a law passed by Congress and putting themselves at the mercy of the President.

Comments are closed.

  1. AlexInCT

    This thing is a disaster. This administration is not only corrupt, but outright doesn’t respect our legal system, uses the law and federal agencies for personal and political gain, targeting political or personal enemies for “special treatment”, disregards the impact and damage of their agenda and political chicanery, and outright has fucked the country over in a way that most of us that knew this administration was going to do bad things and cause damage to the country could never have thought up in our wildest nightmares, and yet, so many people, way too many of them negatively impacted, either remain totally ambivalent or still loyal. It is insane.

    Obamacare will turn us into a part-time work society. It will destroy access, quality, and availability of healthcare. And the economic impact, the very cost for this plan that was sold to the rubes as free, will be borne by the people least able to afford it. In the end it will both cripple the economy and collapse the healthcare system. But that’s all by design. The collectivists have figured that the best way to cement their hold on power is to make the great majority of the population totally dependent on them for their living and health requirements. Once you need big daddy government to subside, you will never be able to vote it out of existence.

    This is downright despicable. Remember how the left howled about Boosh down shit that was legal but they didn’t like? Now their people are doing illegal and immoral shit, real illegal and immoral shit, and they line up to suck the elite fucks that are ripping us off, off. I can’t wait for some leftard to complain about some typo I made or to call me a conspiractist cook for pointing out how bad things are, while they ignore all that has happened so far and is happening right now, to avoid having to defend this indefensible bullshit, because of the need to deflect the heat for the indefensible from their team.

    As I have said many times, this isn’t a partisan issue. Liberals shouldn’t want that kind of authority given to President Rubio in 2016.

    They will not remember that bad things are bad until the other team is doing it, and that’s because these people fight to win and believe the ends justify the means. It’s why every collectivist system has devolved into a prison state that has resulted in the torture and murder of their own people. That’s why we should ridicule their fucking asses at every opportunity. You can not do anything in good faith with people that operate like this. The sooner we understand this, the better. Time is running out.

    Thumb up 5

  2. hist_ed

    I really don’t understand why there is more protest and action about Obama’s disregard of the Constitution. I don’t expect the committed lefties to do anything but celebrate, but where’s the middle? Time after time the president has wiped his ass with out founding documents and almost no one cares. If you mention some of this to the average person, they look at you like you’re crazy.

    And where are the courts in all this? The administration has lost a few cases, I suppose, but shouldn’t someone sue over this? Standing on some of his decrees is difficult, but it should be easy to find a bunch of employees of medium sized companies that don’t give them insurance. They will be affected by this, so they should have standing to sue.

    And really, what about impeachment? I guess it shows that sometimes, the GOP stands on principle-Republicans were ready to impeach Nixon. Democrats in Congress just wipe O’s jizz off their asses and shout for another round o’ reaming.

    Thumb up 8

  3. Hal_10000 *

    The problem, hist_ed, is that people are so desperate for relief from Obamacare, that no one wants to fight this. Who wants to sue the Administration to *force* the employer mandate onto thousands of businesses?

    I think that attitude is short-sighted, for precisely the reason I detail above. Because we’ve said, “well, I guess it’s good that he’s delaying the mandate” this thing has gotten out of hand. At some point, we have to fight when Obama is doing the “right” thing without the authority to do so. Because when he does the “wrong” thing it will be too late.

    Thumb up 4

  4. AlexInCT

    I really don’t understand why there is more protest and action about Obama’s disregard of the Constitution.

    Have you missed what happens to people that piss off this administration and don’t have access to millions of people on the radio or TV? It’s not by accident that the 2 entities that have withstood these crooks’ attacks have been Fox News and Rush Limbaugh. The rest of us are in deep shit cause we lack that exposure and ability to shame these fucks into inaction. Fox News & Limbaugh should worry about any drones flying around them though. Obama has a history of droning any enemies of the state whenever the Wookee gives him shit.

    Thumb up 3

  5. Xetrov

    There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

    Thumb up 6

  6. RonK

    you might want to attempt to read the ACA, the phrase ‘to be determined’ or ‘to be decided’ by the HHS
    shows up a lot, congress, specifically the Democrats gave them essentially a blank check.

    Thumb up 3

  7. AlexInCT

    congress, specifically the Democrats gave them essentially a blank check.

    The imperial presidency was passed by the democrats whom are trying their best to make sure nobody can take it away from them. I am surprised they still allow elections. They must have the system rigged good enough that they don’t worry about losing power.

    Thumb up 0

  8. Hal_10000 *

    That’s a good point, Ron. I likened it to the Iraq War, when Congress wasn’t willing to actually declare war (and take responsibility) but gave that authority to the President. I think it was also a result of trying to ram it through while they had a filibuster proof majority in the Senate.

    Thumb up 0

  9. Seattle Outcast

    Personally, I think a “do-nothing” congress is a lot safer than one that thinks it has a “mandate” – I mean, that’s what got us into this mess to begin with…

    Thumb up 0

  10. hist_ed

    “you might want to attempt to read the ACA, the phrase ‘to be determined’ or ‘to be decided’ by the HHS
    shows up a lot, congress, specifically the Democrats gave them essentially a blank check.”

    Those phrases apply to specific parts of the act. Eg: the act gives the administration the power to waive the individual mandate, but not the employer mandate. They created this Rube Goldberg legislation, they should have to live with it.

    Thumb up 6