Thursday, December 5, 2013

Having watched President Obama and Secretary of Health and Human Services Kathleen Sebelius over the past several months unilaterally alter or outright ignore major portions of the law, I now believe that a future Republican president would have greater latitude to gut Obamacare than I once thought possible.

Obama has shown how a future GOP president can gut Obamacare - Philip Klein/Washington Examiner @philipklein

The changes instituted by the Obama administration in response to implementation snags have ranged from perfectly legal areas of administrative discretion stemming from the vast regulatory powers granted to the HHS secretary under Obamacare, to more creative interpretations of that discretion, to Obama simply choosing to ignore parts of the law that became inconvenient.

Obama has turned his signature legislative accomplishment into a constantly evolving wikilaw, with editing privileges restricted to himself and a few administration officials.

He’s largely been able to get away with it due to the difficulties posed by gaining standing in court for legal challenges....

Though a lot will depend on how implementation goes over the next several years and what the politics of health care looks like in 2017, Obama has provided his potential Republican successor with a path to fight Obamacare through executive action.