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November 14, 2013

Washington State Insurance Commissioner Announces State Will Ignore Obama's New "Fix;" Will Direct Insurers to Implement Obamacare Per the Actual Letter of the Law [ace]

Update: Arkansas, too.

It started as disaster. Now comes the chaos.

Kreidler says Thursday he has "serious concerns" about how Obama's proposal would be implemented and its potential impact on the overall stability of the state's health insurance market.

"I do not believe his proposal is a good deal for the state of Washington," Kreidler said in a statement announcing his decision. "In the interest of keeping the consumer protections, we have enacted and ensuring that we keep health insurance costs down for all consumers, we are staying the course. We will not be allowing insurance companies to extend their policies. I believe this is in the best interest of the health insurance market in Washington."

Limbaugh spoke about the fundamental lawlessness of all this: Using DrewM's language, he noted that Obama was once again "waving his magic wand" to make parts of the law disappear or reappear or transmutate at will.

I would like to propose a lawsuit to repeal Obamacare on this basis. The Constitution does not permit executive law-making, and apparently executive law-making is central to Obamacare. The law violates our Constitution on separation of powers grounds.

This is, as Charles C.W. Cooke put it, pure Chavez-level banana republic tyranny, and the nation will not stand if this is permitted.

If the Supreme Court stands for anything, it stands for guaranteeing the United States have a small-r republican form of government with enumerated powers, separation of powers, and checks and balances; Obamacare, in actual practice, ignores all that, and constitutes an indefensible change of our government from a republican one to an executive lordship.

File the suit. Roll the dice. Get this abomination off the books before there is simply no law left to enforce.

Reviewing the Republican Form of Government Clause... It seems my memory failed me and it's not applicable.

But I was just using that as a sexier-sounding shorthand for "Separation of Powers," anyway. So, ignore my Republican Form of Government specification and let's get a suit brought on Separation of Powers grounds, and non-delegability of legislative functions grounds (i.e., Congress cannot delegate the law-making power away to the executive, even if it is so craven as to wish to do so).

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