Washington, D.C. – The House GOP leadership plan to introduce a draft resolution to sue President Barrack Hussein Obama for delaying the employer mandate in the Affordable Care Act without congressional authorization. Regardless of the partisan politics involved, these facts are not in dispute:
• The employer mandate in Obamacare should already be in effect as mandated in the law.
• Any change to the law requires the House and Senate to agree on legislation authorizing the change which is then enacted into law by the president signing the legislation.
Case in point four decades ago, President Ronald Reagan passed the largest tax reform in US History after a protracted battle in the House of Representatives. The following year, both the White House and Congress believed the tax cuts were too deep and needed to be scaled back from what had been authorized. It was not up to President Reagan to arbitrarily decide what, in his best judgment, the tax rates should be. Nor was it in his power to delay their enactment. Rightly so, he sought congressional approval to scale back the tax cuts which they did.
The GOP is charging that President Obama, by unilaterally delaying the enactment of the employer mandate to mitigate the negative fallout it will have on his party until after the mid-term elections is illegal. Regardless of how liberals view the GOP measure, should it go to court it will be an interesting exercise in constitutional law to see the President cite the article of the constitution authorizing him such broad and sweeping authority as to arbitrarily execute the law.