According to various press reports, the Administration argues it may do this as a matter of enforcement discretion.... In other words, the Administration is not changing the law. It’s just announcing it will not enforce federal law....I've got to run, but if I had more time I'd try to compare this to the efforts at "legalizing" marijuana in Washington and Colorado — a gigantic felonious conspiracy — while the Justice Department says it won't enforce.
Does this make the renewal of non-compliant policies legal? No. The legal requirement remains on the books so the relevant health insurance plans remain illegal under federal law....
November 15, 2013
Jonathan Adler argues: