On Friday, the Supreme Court moved forward with what may become a historic rebuke of President Obama’s unilateral executive action by agreeing to review the issue of Obamacare subsidies raised under King v. Burwell.
At issue in the case is the administration’s decision to ignore the clear wording of the Affordable Care Act that says subsidy payments can only be administered to those who purchase insurance “through an exchange established by the state.” When only a handful of states agreed to establish their own Obamacare exchanges, the administration ignored the language of the Affordable Care Act in order to pump billions of dollars in taxpayer subsidies out the door to defray the cost of Obamacare plans and entice people to enroll.
The law’s defenders are erupting in outrage that the highest court in the land would take issue with such a clear and simple problem in the drafting of the Affordable Care Act. But rather than aim their barbs at those who passed this 2,000 page monstrosity without reading it, they seem intent — with the White House on board — in branding this as a partisan attack on the law rather than a serious judicial review over another example of this administration overstepping its authority.
These Obamacare proponents are right to be worried — if the subsidies are stripped from the federal exchange used by 36 states, millions will lose the ability to pay for their Obamacare plans and many other components of the law, such as the onerous mandates and penalties, will likely fall with it. This would be a devastating blow to Obamacare, and all because the administration ignored Congress’ role in changing law, administering the program at their convenience rather than as it was written and passed. The survival of Obamacare would be in jeopardy as well as the health insurance of millions, all because of the president’s recklessness.
The decision by the Supreme Court to review the case came the same week that the country rebuked President Obama’s policies nationwide in the 2014 midterm election. But rather than heed the will of the people, President Obama has announced that he is moving forward with more plans to circumvent Congress by unilaterally rewriting our nation’s immigration laws.
President Obama decided to hide the details of his plan until after the elections, now announcing that he will act before year’s end. Reports are that he intends to grant executive amnesty to millions who are currently here illegally, with the justification that his patience has run out waiting on Congress to rubberstamp his agenda. This is despite the fact that he has spent years telling the American people that he lacks the kind of power necessary to act broadly on immigration without Congress.
Regardless, Obama now wants to put our country’s immigration system through the same kind of legal turmoil that he has done with our healthcare system. Any orders he gives that circumvent Congress will undoubtedly be met with legal challenges that bring his authority into question. That will potentially place millions more in legal limbo, just as he has done with those now receiving Obamacare subsidies.
Instead of disregarding the American electorate and ignoring our nation’s immigration laws, President Obama should heed the warning the Supreme Court just gave him on Obamacare and work within the framework of our Constitution on immigration.
Rep. Diane Black, is a congresswoman from Tennessee’s Sixth Congressional District. Thinking of submitting an op-ed to the Washington Examiner? Be sure to read our guidelines on submissions for editorials, available at this link.
