Philadelphia partner Scott Coffina wrote an article for the National Review titled, “The Unlawful Delay.”
The article discusses President Obama’s decision on November 14, to delay by executive action the Affordable Care Act’s requirement for private health insurers to offer the complete package of “essential health benefits” (EHB), whose costs have driven insurers to cancel millions of lower-priced individual policies.
Scott says that is not unusual for presidents to implement or refine policies by executive order, which has been a longstanding accepted method for presidents to exert their unquestioned authority over the executive branch. Scott says that in the instance of President Obama, however, he “has exceeded his authority and violated the Constitution, either by failing to ‘take care that the laws be faithfully executed’ or by encroaching upon the constitutional authority of Congress. Simply put, the president does not have the authority not to execute or enforce certain laws.”
To read the full article, please click here.