Obamacare may be undone by a fatal flaw. Obama and the Social democrats are refusing to waive the individual mandate, one of the things driving the current shutdown. However, if you live In a state (like Maine) that passed on the Medicaid expansion and earn less than133% of the federal poverty level I income, you DO have a waiver. See, Obama anticipated that you would be automatically covered by the medicaid expansion, but since SCOTUS spiked the requirement that states participate, theres a coverage hole. You cant afford coverage and the law doesnt allow subsidies until you exceed the 133% level. So the Obama administration, who insists that the law cannot be changed or delayed, is WAIVING enforcement of the individual mandate for these individuals. Theres one problem with that. Its called the Fourteenth Amendment which requires equal protection under the law. You cant sue the government until you have standing, but as soon as the IRS collects the first dime of penalties from people refusing to comply with the individual mandate in those states, that clause kicks in and the government is going to get BURIED in lawsuits. (This issue was NOT addressed in the original SCOTUS appeal.) And as weve been told over and over again, if the individual mandate falls, the whole scheme falls apart.
Posted on: Tue, 15 Oct 2013 22:10:41 +0000