Obama declares it a crime to disobey his illegal law, which would be illegal to obey

Posted by: Phineas on February 12, 2014 at 2:18 pm

**Posted by Phineas

Approved by Juan Peron!

Approved by Juan Peron!

As part of my post yesterday on Juan Domingo Obama’s latest and almost certainly illegal rewriting of the Affordable Care Act to delay the employer mandate for another year for businesses with 50-99 employees, I noted that the administration, with no supporting legislation, unilaterally created a felony. In a usurpation of congressional authority, Treasury is requiring businesses taking advantage of the waiver to attest that they are not letting employees go because of the waiver, under penalty of perjury.

To put it another way, the Obama administration is declaring it a federal crime to make a logical business decision if you do so to take advantage of illegal rules written by the Obama administration.

And you thought 1984 was fiction.

This would have Andrew McCarthy’s head spinning, too, except he’s too busy being outraged at the lawlessness of it all:

So now Obama, like a standard-issue leftist dictator, is complementing lawlessness with socialist irrationality.

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.

And, as McCarthy points out, if a company does take advantage of the waiver, regardless of the reason for doing so, it is in violation of the ACA as written, because the fine revenue is owed to the public, not the president. He has no authority forego its collection. Talk about being between the proverbial rock and a hard place: a company can pass on the waiver, even though it makes economic sense for them, thus breaking its fiduciary duty to its owners, or it could take advantage of it and face the threat of prosecution from two directions.

Heads you lose, tails you lose.

And so does the Rule of Law.

(Crossposted at Public Secrets)

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7 Responses to “Obama declares it a crime to disobey his illegal law, which would be illegal to obey”


  1. Great White Rat says:

    Well, let’s see…..if I’m a business owner, and I need to cut staff, I’ll come up with a reason totally unrelated to Obamacare. Sales forecasts, etc., anything on that order should do. And I’ll determine exactly how many jobs need to be cut. The number will be just enough to get under the Obamacare limit. Purely by coincidence, you understand.

    Then I’ll go into the company parking lot. Any employee who has an Obama bumper sticker on his car goes on my list of potential cuts. When I’m done with that, I see if my cut list will get the staff down to the Obamacare limit. If there’s enough, then all the layoffs will come from that list.

    What if there aren’t enough? Easy. Go to the county Board of Elections, or whatever office maintains the voter records. Party registration is part of the record, and those records are open to the public. Any Democrat, especially those with an active voting record, goes on the list.

    Between the bumper-sticker list and the party registration list, I should have enough names. I can pick and choose from those using whatever criteria I want – the ones most critical to the business stay, maybe. Or the ones who vote most actively go. After all, they wanted Obamacare – let them enjoy the unemployment benefits it brings.

    Or, to put it another way, they soiled their bed, now let them lay it in.

  2. Tango says:

    Great White Rat: yes, you could do all that. And probably get charged with a hate crime (or worse).

    On the other hand, if you lay off the aforementioned employees and simply blame it on Bush, you’ll almost certainly get a pass.

    Think about it.

  3. Carlos says:

    Other than golfing, playing b-ball and partying like there’s no tomorrow, what’s the criminal-in-chief done in the last 10 years that’s NOT at least shady and unethical, if not right-out illegal?

  4. Tom from St. Paul says:

    I must say that I am in (rare) agreement with you on this. POTUS is not above the law. Hopefully there will be litigation to force this, but I wonder who’s going to sue the administration to apply additional burdens on these small/mid-sized businesses. That’s not going to be popular.

    Interestingly the Authority for Mandate Delay Act passed the HR and is waiting for approval in the Dem controlled Senate. Why don’t they pass it? Filibuster?

  5. Dan says:

    Juan Domingo Obama.

    That’s awesome.

  6. Great White Rat says:

    Great White Rat: yes, you could do all that. And probably get charged with a hate crime (or worse).

    Tango, quite possible. But I’d cover my tracks. It’s not like I’d announce what I’m doing. And I’d have someone else check out the public records, maybe someone from the local GOP. When I was on the local committee, I used to pore over them regularly to see who in the district was registered GOP, strictly for get-out-the-vote activities and the like.

    On the other hand, if you lay off the aforementioned employees and simply blame it on Bush, you’ll almost certainly get a pass.

    Also a good idea. :)

  7. What does the health care law actually state? Which way is the wind blowing?