regulations

Obama’s ludicrous, anti-consumer cap and trade regulations aren’t actually about the environment

It’s been overshadowed by the continuing coverage of the Bergdahl-Taliban five swap, but reports began to surface this week that the Environmental Protection Agency (EPA), at the direction of the White House, has begun pushing new carbon rules on existing coal plants that aim to reduce their emissions by 30% from 2005 levels.

Call it cap and trade by regulatory fiat:

Analysts widely expect the final rule to give states the option of joining or creating cap-and-trade programs, which allow companies to trade credits for emissions. The draft released on Monday does not discuss that possibility.

“There are no commercially viable [carbon capture and storage methods]. That’s why we expect cap-and-trade,” said Michael Ferguson, an associate director at S&P who covers merchant energy producers.

At risk of drawing the ire of the climate change true believers, there was a reason the climate change cap and trade legislation failed a few years back, and it wasn’t because evil, bible-thumping conservatives are convinced mankind has no effect on the environment (for the record, we do. But our carbon emissions, for example, are pretty negligible compared to things like decaying organic matter and volcanoes).

No, it was defeated in the Senate because many Democrats that voted against hailed from states that relied on jobs related to the coal industry. And if there’s one thing that moves a politician, it’s the voice of a united constituency.

But not to be deterred, the Obama administration used the EPA and the Clean Air Act to declare carbon emissions a health hazard that must be regulated:

Barack Obama is the middle class’ biggest enemy

Some of the best intentioned among us may think regulations indeed serve a greater purpose, after all, certain companies are only in it to make as much as they can with as little effort as they can! Somebody should certainly make sure they are working under strict rules so this type of predatory behavior can be avoided and consumers can be protected.

Well, that’s everything regulations promise to do and the exact opposite of what they actually achieve.

A recent study carried out by American Action Forum demonstrated that the increase in consumer prices under the Obama administration is directly linked to the surge in the number of regulations it has adopted.

The study shows that since 2009, this administration has imposed at least 36 new regulations that range from new fuel-efficiency standards, which resulted in an increase in the price of automobiles by $91, to the cost of mortgages, which has risen to an abysmal $362 annually.

ObamaCare, this administration failure disguised as health care law, has also increased the prices of health care insurance.

Disgraced ex-IRS official will not get immunity in exchange for testimony

When disgraced IRS official Lois Lerner appears before the House Oversight and Government Reform Committee on Wednesday, she will not receive immunity for any testimony she gives, according to Rep. Darrell Issa (R-CA):

“Her attorney indicates now that she will testify. We’ve had a back and forth negotiation,” Issa told Chris Wallace on Fox News Sunday. “But quite frankly, we believe that evidence that we’ve gathered causes her in her best interest to be summoned to testify.”

The evidence that Issa, who chairs the House Oversight Committee, has obtained are emails showing that Lerner drafted the proposed IRS regulations that would restrict political speech of nonprofit groups that engage in public policy discussions. The regulations are currently being considered by the IRS.

Wallace asked whether the House Oversight Committee offered Lerner immunity in exchange for her testimony. “We did not,” Issa replied, adding later that he believes the disgraced IRS official will answer all the committee’s questions about the powerful tax agencies targeting of conservative groups.

Obamacare’s Employer Mandate Delays Head-to-Head

“[The President] shall take care that the laws be faithfully executed…” — Article II, Section 3 (The Faithful Execution Clause)

Yesterday’s announcement of additional Obamacare employer mandate delays offers us yet another occasion to turn to actual the law passed by Congress.  When the four statutory Obamacare provisions below are viewed head-to-head against the new Obama Administration/IRS regulatory guidance, it’s clear that one of these things is not like the other.

EXHIBIT I: EFFECTIVE DATE

Statutory Authority - PPACA Section 1513(d):

(d) EFFECTIVE DATE.—The amendments made by this section shall apply to months beginning after December 31, 2013.

Obama Administration/IRS - Preamble to the February 10, 2014 Final Regulations (Page 106):

Section 1513(d) of the Affordable Care Act provides that section 4980H applies to months after December 31, 2013; however, Notice 2013-45, issued on July 9, 2013, provides as transition relief that no assessable payments under section 4980H will apply for 2014…Notice 2013-45 provides that the employer shared responsibility provisions under section 4980H (and the information reporting provisions) will become effective for 2015.

Obamacare, in one photo

Given this week’s news of yet another delay to yet another Obamacare regulation that just five short years ago was going to literally keep people from dying in the streets, I thought an illustration would be useful. So here it is:

flaming train

Yep. That’s it. That’s Obamacare in a nutshell.

I first saw this image linked to Obamacare by Twitter user @cuffymeh (#FF) a couple years ago during the 2012 presidential campaign when the first delays and waivers started popping up. I laughed for a good 10 minutes. It perfectly portrays everything about Obamacare in one neat, catastrophic package.

The absurdly huge amount of flame represents the massive size of the failure so far. From waivers, to delays, to implementation, to website failures, to coverage gaps, to state rebukes, to ever-sinking poll numbers. It is uniquely appropriate that there are more flames and smoke than train in the photo.

While it is, of course, a still photo, the train does have a sense of motion, but it seems like a very sluggish, hampered speed. Obamacare has moved just as slowly and ungracefully. Some of the parts that would eventually become the law started being proposed in 2007 even before the 2008 presidential campaign heated up (pun fully intended).

President Obama thinks he already saved your employer plan

At this point, everyone generally accepts that the President’s purported one-year delay in forcing you to lose your individual health insurance policy (and, more importantly, corralling you into the Obamacare exchange) was political grandstanding amounting to almost no practical benefit.  At last check, 19 states had rejected the so-called “fix.”  For those that have adopted it, congratulations on delaying the inevitable.

The Obama administration has recently tried to reframe the narrative of this fiasco by focusing on the fact that only 5% of Americans purchase an individual health insurance policy.  After all, why concern ourselves over the health plan of 14 or 15 million Americans when their sacrifices will benefit the much grander scope of universal utopia?

Obama could let you keep your plan, but he doesn’t want to

 If I like your plan, you can keep it

Last Thursday morning, President Obama issued his latest proclamation in an attempt to save face on his farcical promise.  Of course, the “relief” came far too late and with far too many restrictions to have any practical, real-world effect.

It’s become instinctive at this point to assume that every policy decision that comes from the Obama administration is a blatant violation of separation of powers.  After all, this is the administration that unilaterally delayed enforcement of Obamacare’s employer mandate in direct violation of the statutory requirements.  Many prominent commentators have immediately jumped back on this bandwagon again in this latest Obamacare edict.

But here’s the real legal low-down: President Obama and his executive agencies (HHS/DOL/IRS) have almost unlimited discretion in determining what is considered a “grandfathered health plan.”

No, Republicans have not shifted on Obamacare

Over the weekend, Capitol Hill was aflutter with news that Republicans in the House and Senate were coming together to finally propose a “fix” to Obamacare. The “Keep Your Health Plan Act,” sponsored by Fred Upton in the House and Ron Johnson in the Senate, would essentially overrule the HHS grandfather rules for what insurance plans can continue to exist after certain dates so that people can keep their current plans no matter what, as the President promised. It would be a fix for the millions of Americans being cancelled by their insurers to comply with the new regulations.

Reporters and pundits saw this as a “shift” in strategy, to finally start working with Democrats to reform the calamitous reform rather than stonewall it. I used to think that helpful collaboration would be the better option, but had a change of heart after the implementation proved so disastrous. So I was horrified when I read the headline suggesting Republicans were coming around. As soon as I decide that stonewalling is the best strategy, the party reverses course. Typical! Then I read the story.

IRS Commissioners Shulman and Miller also Unconstitutionally Implemented ObamaCare

ObamaCare Trojan Horse

Former IRS Commissioner Douglas Shulman and current Acting IRS Commissioner Steven Miller have been the subjects of intense questioning from Congress over the past two weeks over their relation to the Tea Party targeting scandal.  For Shulman, questions remain as to whether he may have lied in front of the House Ways and Means Committee in March 2012 when questioned about allegations of targeting that at the time were simmering without mainstream awareness. He appeared to be less than forthright in his responses when questioned by the House Oversight and Government Reform Committee on Wednesday. Miller has already tendered his resignation under pressure.

But there’s another IRS scandal waiting to gain widespread awareness, and this time it undeniably has Shumlan’s and MIller’s fingerprints all over it.  The IRS is unconstitutionally implementing ObamaCare exchange subsidies in states that refuse to establish an exchange.

What PPACA Says

Regulatory State Gone Wild

Ten Thousand Commandments

Americans spend $1.8 trillion each year — nearly $15,000 per family — complying with regulations passed down by the federal government. That’s the estimate given by the Competitive Enterprise Institute (CEI) in the latest edition of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State.

“The 2012 Federal Register ranks fourth all-time with 78,961 pages, but three of the top four years, including the top two, occurred during the Obama administration,” noted the statement accompanying the report. “The 2010s are on pace to average 80,000 pages per year—up from 170,000 in the 1960s and 450,000 in the ‘70s.”

“There are more federal regulations than ever—the Code of Federal Regulations, which compiles all federal regulations, grew by more than 4,000 pages last year and now stands at 174,545 pages, spread over 238 volumes. Its index alone runs to more than 1,100 pages,” CEI added. “Government has added more than 80,000 regulations in the last 20 years—3,708 in the last year alone. That’s one new rule Americans must live under every 2½ hours. Today, 4,062 sit in the pipeline. Those will add at least $22 billion in compliance costs and probably much more.”

The cost to Americans as result of the regulations is perhaps the troubling aspect of the report. But another startling point is the way in which these rules and regulations are being imposed on Americans. Because the Obama Administration cannot pass many of these regulations through Congress, it is bypassing the legislative branch altogether, meaning that there is little to no oversight by Congress.

The report also notes that there has been a jump in “economically significant rules” — those that bring $100 million or more in compliance costs — on President Obama’s watch.

 


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