11 Attorneys General Explain Why Obama’s “Administrative Fix” is Illegal

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A letter sent by 11 Attorneys General to Health and Human Services Secretary Kathleen Sebelius explains why Obama’s “administrative fix” to problems in rolling out the new health care system is illegal. The letter sent on December 26, 2013 by certified mail is led by West Virginia Attorney General Patrick Morrisey and backed by Texas Attorney General Greg Abbott and Georgia Attorney General Sam Olens, among 10 others.

The letter mentions that the “administrative fix” proposed by President Obama after the millions of insurance cancellations in November is an example of “illegal executive action.” The White House had proposed that state insurance commissioners and insurers should decide whether to allow affected plans to be extended for another year or not. The attorneys general hold the administrative fix to revive canceled insurance is “flatly illegal under federal constitutional and statutory law.”

  

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The letter goes on to explain, “The President’s ‘administration fix’ is unlawful for several reasons. First, it is a violation of the President’s responsibility to ‘take care’ to execute the laws faithfully. Second, it unlawfully creates either a new statutory obligation in violation of the separation of powers or a new rule in violation of the Administrative Procedure Act.”

Warning that the President is stepping well beyond the limits placed upon his authority by legal precedents, the attorneys general observed, “[W]e are deeply concerned that this Administration is consistently rewriting new rules and effectively inventing statutory provisions to operationalize a flawed law. And the irony, of course, is that the changes being put forth to fix the disastrous exchanges will ultimately destroy the market and increase health insurance premiums for consumers who played by the rules.”

The group suggested that Sebelius ensure greater privacy protections for consumers and implement a criminal background check requirement for Obamacare navigators. They further concluded, “the only way to fix this problem-ridden law is to enact changes lawfully: through congressional actions. The illegal actions by this Administration must stop.”

Summary:

A letter by 11 Attorneys General to Health and Human Services Secretary Kathleen Sebelius brings to light the “administrative fix” proposed by President Obama after the millions of insurance cancellations in November is an example of “illegal executive action.” The West Virginia Attorney General Patrick Morrisey along with Texas Attorney General Greg Abbott and Georgia Attorney General Sam Olens, among 10 others hold the administrative fix to revive canceled insurance which is “flatly illegal under federal constitutional and statutory law.”