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A day after signing an executive order that offered a small break for consumers, we learned that the White House also plans on stopping the unconstitutional subsidy payments of Obamacare. You will now hear Democrats accusing the president of “sabotaging” the Affordable Care Act (ACA), when in reality, nothing has ever been quite as damaging to Obamacare as Obamacare itself. And the same people who lament the breaking of norms, the end of the constitutional democracy, and all the presidents tweets will now hypocritically demand that these unconstitutional payments continue.
For Democrats, following the law as written is now a crime against the law. But Obamacare, as you may recall, was implemented in lawlessness from the get-go. Nothing was more emblematic of this problem than the implementation of so-called “cost sharing reduction” payments, also called CSR subsidies, which are direct payments to insurance companies that were designed to hide the true cost of Obamacare by shifting cost to taxpayers while bribing insurance giants to participate in the law’s exchanges.
Passage - Obamacare - Obama - Administration - Subsidies
Shortly after the passage of Obamacare, the Obama administration realized that it would need these subsidies and asked for an appropriation from Congress in 2013. Why would it do so if it didn’t have to? No one knows. When Congress refused, Obama’s Treasury Secretary Jack Lew, without offering any public legal justification for the move, ordered the administration to begin making CSR payments. You can imagine the outcry if Donald Trump simply began funding a massive border wall without a congressional appropriation to authorize the funding.
Since Lew’s decision to unilaterally create a massive new appropriation, Obama (and now Trump) have been sending around $7 billion each year to insurance companies participating in the supposedly self-sufficient and competitive state health care exchanges. They continued to do so after the House sued. They continued to...
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