President Obama continues to flaunt his executive power by sidestepping Congress and illegally changing his health care law at whim. As the now twice-delayed employer mandate extends through 2016, experts are calling Obama's actions illegal and say nothing can really be done to stop him.
According to a Reuters report, University of Michigan law professor Nicholas Bagley calls out the administration for taking "a legally shaky position." As if delaying the mandate once isn't illegal enough, Bagley states a second time is even worse:
Extending the delay even to a portion of plans for a second year is pushing legal boundaries even harder.
Reuters states that through an email, the U.S. Treasury Department claims it has "longstanding authority" through the IRS to grant this "transitional relief" for new legislation, making the argument that this executive action is legal. And even though lawsuits have been filed against the administration, these legal experts say it will be an uphill battle. Some of the lawsuits have already been dismissed because of a lack of "legal standing."
Bagley says it this way:
No single individual is concretely and particularly injured by the governmental action, and that's a requirement to get into federal court.
Obviously trampling the Constitution is not a requirement.