May 19, 2011

Government by Whim

I wanted to write here today that "I hereby call out Colorado Governor John Hickenlooper to apply for an Obamacare waiver for the entire state of Colorado." After all, another path to repeal, thought I, is for the entire country to be waived from the law's requirements. Needing a foundational article upon which to rest my "great idea" I found Mona Charen:

A few wags [ouch!] have suggested that the HHS grant the rest of the country a waiver and be done with it. But the implications of what Professor Richard Epstein has called "government by waiver" aren't funny. As Congress has ceded more and more power to regulatory agencies, the opportunities for abuse of power multiply. Writing in National Affairs, Epstein notes that among the companies and entities that successfully sought waivers from Obamacare's provisions were PepsiCo, Foot Locker, the Pew Charitable Trusts, many local chapters of the Teamsters, the United Food and Commercial Workers union, and numerous public-employee unions.

But, asks Epstein, "(W)hat about employers who do not have the resources to navigate the waiver process? What about those lacking the political connections to make their concerns heard in Washington? And what happens when the one-year waivers run out? Will they be renewed? Under what conditions? And what rights will insurers have to waive then in order to avoid going out of business?"

The world of Obamacare is no place for the little guy.

The danger of waiver power is that it will be used differentially, giving one private entity a competitive advantage over another. The company denied a waiver can bring suit -- but litigation is expensive and slow.

Additionally, companies may fear government retaliation: "It is no accident that it is often public-interest groups or patient groups that take on the FDA, for instance. It is simply too risky for a pharmaceutical company with multiple applications before the agency to challenge one action if it is vulnerable to a government-induced slowdown on another," writes Epstein.

So it isn't just the threat of tax hikes that makes the Obama Administration such a threat to American free-market liberty; or massive deficit spending, or hostility to energy production or the subjective law of appointed judges or the proliferation of unelected "Czars" or any of the other "gangster government" ploys the administration has so quickly and expertly embraced. It is the 2000-pages of statutory "we can do what we want" called the Patient Protection and Affordability Act that makes these government bureaucrats so dangerous.

Full and complete repeal is the only answer.

Don't Demand the Unearned Executive Power From the other side Obama Administration We're from the government, and here to help. Posted by JohnGalt at May 19, 2011 2:56 PM
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