Obamacare: Are Fixes President Obama Proposes 'Legal'? - KMPH FOX 26 | Central San Joaquin Valley News Source

Obamacare: Are Fixes President Obama Proposes 'Legal'?

Posted: Updated:
FRESNO, Calif. (KMPH) -

While some democrats try to distance themselves from President Obama's fix for 'Obamacare'.

Some are questioning, what gives President Obama or for that fact any President the authority to decide on his own which parts of a law congress has passed, he will enforce.

White House Press Secretary Jay Carney says, "The secretary's authority can be used in narrow circumstances to ease implementation short of legislative changes. And this is one those instances."

Beyond that, neither the White House nor President Obama, in his hour-long appearance on Thursday, cited any specific statute as to the legal basis for his latest proposed fixes to Obamacare.

That dreary business was instead spelled out in an 800-word "fact sheet" the White House issued, which only cited, as Jay Carney did, the inherent authority of HHS Secretary Kathleen Sebelius.

In addition, added, "HHS will consider the impact of this transitional policy in assessing whether to extend it beyond 2014."

Since then, prominent figures in both parties swiftly challenged the constitutionality of it all.

House Speaker Rep. John Boehner says, "I am highly skeptical that they can do this administratively. I just don't see, uh, within the law their ability to do that."

This past summer, when the President delayed the employer-mandate provision, his aides cited the same authority they do now - again without invoking any particular statute - by asserting some vague executive branch power to provide, quote, "transitional relief" to selected citizens during the early stages of a law's implementation.

The fact is, the original Obamacare Law, the Affordable Care Act, signed into law in March 20-10 provided for people to be able to keep the plans they had as of that date.

It was a rule issued quietly by Secretary Sebelius, 90-days later, that changed the ground rules for which plans could be "grandfathered in."

Oklahoma Attorney General, Scoot Pruitt says, "It was his secretary that created the problems we have today. She, through rule - Secretary Sebelius, through her rule, did not comply with the statute."

So can President Obama do this?

It will likely end up in court, possibly the Supreme Court.

  • Local NewsLocal NewsMore>>

  • How To Spot A Fake Debt Collector

    How To Spot A Fake Debt Collector

    If a debt collector comes calling, you should go researching. That's the new advice coming from Yahoo! Finance to avoid getting scammed.Even if you get swindled, you're still on the hook to a real debt collector! That's the law.One way to spot a fraud is to look at how old the debt is. If it's 10 to 15 years old, chances are there aren't grounds for a lawsuit.Mandi Woodruff of Yahoo! Finance recommends, “Another way you can tell if you're dealing with a fraud or not is to look at the name of ...More >>
    If a debt collector comes calling, you should go researching. That's the new advice coming from Yahoo! Finance to avoid getting scammed.Even if you get swindled, you're still on the hook to a real debt collector! That's the law.One way to spot a fraud is to look at how old the debt is. If it's 10 to 15 years old, chances are there aren't grounds for a lawsuit.Mandi Woodruff of Yahoo! Finance recommends, “Another way you can tell if you're dealing with a fraud or not is to look at the name of ...More >>
  • Peanut Allergies No More!

    Peanut Allergies No More!

    Good news for the three million Americans who are allergic to peanuts.Researchers at North Carolina A T's School of Agriculture developed a new technique to remove peanut allergens.They say shelled and skinless peanuts can be treated with an enzyme that breaks down certain proteins that can trigger food–related allergies.Researchers say the process does not change the peanut's shape or shelf life.For more info, click HERE for the USDA info.More >>
    Good news for the three million Americans who are allergic to peanuts.Researchers at North Carolina A T's School of Agriculture developed a new technique to remove peanut allergens.They say shelled and skinless peanuts can be treated with an enzyme that breaks down certain proteins that can trigger food–related allergies.Researchers say the process does not change the peanut's shape or shelf life.For more info, click HERE for the USDA info.More >>
  • Church in Northwest Fresno Vandalized

    Church in Northwest Fresno Vandalized

    Police are looking for the vandal that left the walls and front door of a northwest Fresno church spray painted. An administrator at St. Anthony of Padua church discovered the graffiti Saturday morning when arriving to work.One of the churches front doors and the walls around it had been spray painted with bizarre images and words.If you have any information that could help police identify the person who did this, call the Fresno Police Department at 559-621-7000.More >>
    Police are looking for the vandal that left the walls and front door of a northwest Fresno church spray painted. An administrator at St. Anthony of Padua church discovered the graffiti Saturday morning when arriving to work.One of the churches front doors and the walls around it had been spray painted with bizarre images and words.If you have any information that could help police identify the person who did this, call the Fresno Police Department at 559-621-7000.More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KMPH. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.