Last Thursday morning, President Obama issued his latest proclamation in an attempt to save face on his farcical promise. Of course, the “relief” came far too late and with far too many restrictions to have any practical, real-world effect.
It’s become instinctive at this point to assume that every policy decision that comes from the Obama administration is a blatant violation of separation of powers. After all, this is the administration that unilaterally delayed enforcement of Obamacare’s employer mandate in direct violation of the statutory requirements. Many prominent commentators have immediately jumped back on this bandwagon again in this latest Obamacare edict.
But here’s the real legal low-down: President Obama and his executive agencies (HHS/DOL/IRS) have almost unlimited discretion in determining what is considered a “grandfathered health plan.”