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GOP attorneys general rebel against handling of Obamacare problems

Is Obamacare headed back to the Supreme Court?
Is Obamacare headed back to the Supreme Court?
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Troubles for the new Affordable Care Law seem endless early in 2014.

No less than 11 GOP state attorneys general have now charged that the Obama administration is breaking the law by sidestepping Congress to change the healthcare law, according to The Hill.

The Republican attorneys general are mostly angry at the president’s executive actions that have allowed health insurance companies to continue offering the general public insurance plans that have already been cancelled because they do not meet Obamacare rules that are “flatly illegal under federal constitutional and statutory law."

The attorneys general wrote Health and Human Services Secretary Kathleen Sebelius, "We support allowing citizens to keep their health insurance coverage, but the only way to fix this problem-ridden law is to enact changes lawfully: through Congressional action. The illegal actions by this administration must stop."

To none of their surprise, HHS did not respond.

While West Virginia Attorney General Patrick Morrisey wrote the letter, it was co-signed by attoneys general in Alabama, Georgia, Idaho, Kansas, Louisiana, Michigan, Nebraska, Oklahoma, Texas, and Virginia.

The group has also argued that delaying the employer mandate in Obamacare for one year is a congressional matter and not for the president to decide. They contend the move defies a Supreme Court decision in the 1985 case of Heckler v. Chaney case, in which the court concluded that some enforcement of laws might be subject to judicial review first.

Although that case centered on lethal injection, the two lawyers for the condemned man argued the Food and Drug Administration had not certified that the lethal drugs were "safe and effective" for human executions, and should be barred.

Did the FDA have jurisdiction to undertake the enforcement actions requested? If they did, did they have the jurisdiction whether or not its actions were subject to court review?

The political heat is most certainly on the president after millions of Americans have lost their insurance despite promises on multiple occasions from Obama that guaranteed them freedom of choice to keep their old policies.

The attorneys general focused on violating precedents set by the Supreme Court and security concerns on the state and federal health insurance exchanges. They contend the HHS continues to "ignore the widespread public outcry over the security of consumers' private information on exchanges."

They added that they’re concerned about the administration's decision to "not propose and implement rigorous privacy standards for outreach personnel."

As political pressure mounts on the president this midterm year, it becomes more likely that major changes to the new health care law will be made before angry Americans reach the ballot box.

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