Texas Review of Law & Politics, Volume 19, Number 1, Fall 2014 Page: 11
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Lawless
"You need to be bound by the rule of law," when simultaneously
our government is saying, "Never mind the laws our Congress
passed, we are going to disregard them?"
There was recently a Jimmy Fallon exchange where Fallon did
a fake phone conversation between Obama and Putin.56 This is
right after the invasion of Ukraine and he has President Obama
say, "You're forcing people to accept something the majority of
them don't even want!" Then Fallon, playing Putin, says, "Yes, in
Russia we have a word for this: Obamacare!"57
G. Obamacare
If you were to embody one example of lawlessness, it would be
difficult to come up with a more comprehensive example, than
Obamacare. Over and over again, the Administration has
disregarded the law. It illegally granted a waiver to big business.58
Not a word in the law says anything about a waiver for big
business.59
The law says the employer mandate kicks in January 1, 2014,60
but the Administration announced, "No it doesn't."61 It
announced this in a blog post by an Assistant Treasury Secretary,
put up right around the Fourth of July, saying basically, "By the
way, big business hereby gets this waiver."62
Likewise, the text of the statute says Members of Congress
shall be bound by Obamacare and shall be on the Obamacare
exchange without employer subsidies just like millions of
Americans.63 That amendment was introduced by my friend,
56. The Tonight Show with Jimmy Fallon (NBC television broadcast Mar. 19, 2014)
available atwww.youtube.com/watch?v=zmIUmlE4OcI [perma.cc/3MN5-JD7S].
57. Id.
58. See Sarah Kliff, White House Delays Employer Mandate Requirement Until 2015, WASH.
POST, July 2, 2013, www.washingtonpost.com/blogs/wonkblog/wp/2013/07/02/white-
house-delays-employer-mandate-requirement-until-2015 [perma.cc/ZBP6-W3DV]
(describing delayed enforcement of the Obamacare mandate that employers with more
than fifty employees provide coverage to their employees).
59. 26 U.S.C. 4980H (2013); see also Kliff, supra note 58 ("The Affordable Care Act
requires all employers with more than 50 full-time workers provide health insurance or
pay steep fines.").
60. 4980H.
61. Mark J. Mazur, Continuing to Implement the ACA in a Careful, Thoughtful-Manner,
U.S. DEP'T OF THE TREASURY, July 2, 2013,
www.treasury.gov/connect/blog/pages/continuing-to-implement-the-aca-in-a-careful-
thoughtful-manner-.aspx [perma.cc/C5K6-2RJJ].
62. Id.
63. 42 U.S.C. 18032(d) (3) (D) (2013); see also Mike Patton, Obamacare: Is Congress
Playing By The Same Rules?, FORBES, Nov. 14, 2013,No. 1
11
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University of Texas at Austin. School of Law. Texas Review of Law & Politics, Volume 19, Number 1, Fall 2014, periodical, Autumn 2014; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth638673/m1/25/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.