Congress Calls Itself Small Employer Under ObamaCare Law

The individual state and DC health insurance exchanges under the ObamaCare law allow small businesses with fewer than 50 "full-time" employees to purchase insurance for their employees on the exchanges.  The U.S. Congress purchases its health insurance under the DC health insurance exchange, which under the District of Columbia law setting it up has the ObamaCare law required limit on institutional entities that may use it of fewer than 50 full-time employees.  Under ObamaCare law, a full time employee is anyone working 30 or more hours a week.

According to the DC Health Benefit Exchange Authority, at least 12,359 employees or dependents of employees of Congress are receiving their health insurance plans from the DC Exchange.  Because they are receiving their benefits from the DC exchange, many are receiving the federal subsidies offered on state exchanges.  The House of Representatives attested under penalty of law that it had 45 employees.  The Senate made the same statement that it had 45 employees.  This was revealed by Judicial Watch when it obtained documents under the Freedom of Information Act.  The DC government has acknowledged that their purchases of insurance on the exchange are a breech of DC law, but has yet to do anything about it.

When the House of Representatives attested that it had 45 employees, it was under Republican control.  When the Senate made the same statement, it was under Democrat control.  Both parties engaged in patently illegal activity for the monetary gain of the 437 members of the House, the 100 Senators, and their thousands of staff employees.

These are the same reprobates who controlled the acquisition of $3.0 trillion of federal revenue in 2014, spending of $3.5 trillion, and the imposition of another $1.5 trillion in regulatory costs on the private sector in 2014.  It is insane to allow such lawbreakers and avaricious, unprincipled thieves have control of so much of the wealth produced by the hardworking taxpayers of the private sector.

They get away with this using the specious argument that they are correcting injustices of the private sector.  In fact, such injustices as there are in the private sector are mostly avoidable simply because individuals are free there to associate or not with others based on their own judgment of the fairness of their interactions.  None of us are allowed to disassociate ourselves from the government and its employees who very determinedly mistreat those of us in the private sector.  We are forced, yes forced, to submit to their myriad, complex, ubiquitous predations.  Congress and government bureaucrats spend every working hour studying and implementing ways to use their nearly unbridled power over us to their advantage and our subjugation.

The only answer to this predation is for the People to insist on the most principled and strict application of the Constitution to severely limit the actions of Congress and the federal government generally.  The size and scope of this out-of-control Big Government monster must be slashed until it performs only its legitimate role of protecting the equal, sovereign rights of the individual.

Federal Judge Rules Suit Against ObamaCare May Proceed

One of the many ways the Obama Regime is violating its Signature Law is by claiming that the IRS can impose penalty taxes on businesses and individuals in the 34 states that did not set up the State Healthcare Insurance Exchanges that the ill-designated Affordable Care Act tried to encourage them to do.  The federal government did not have the power to order the states to set these exchanges up and many Democrats who voted for the law made it clear they would not vote for it if their state was required to set up such an exchange.

The intrepid Competitive Enterprise Institute is assisting in a case, Halbig v. Sebelius, which is challenging the legality of the IRS and Obama Regime attempt to impose mandates on businesses and individuals in those states that refused to go along with this highly unpopular law.  A federal judge ruled on Tuesday, 22 October, that this lawsuit may proceed and he will rule on it by 15 February 2014.

The law itself makes it very clear that in the federal exchanges set up in the non-participating states that businesses cannot be taxed for not providing healthcare insurance such as is mandated by the government in the state-run exchange states.  Individuals cannot be forced to buy health insurance in the same way either.  Subsidies also are not authorized in the law for lower income people under the non-state run health insurance exchanges.  Excluding the exchanges in the 34 states that did not set up the ObamaCare state exchanges is certain to kill ObamaCare in short order.  With the people of 34 states only seeing higher taxes because of ObamaCare and getting no benefits at all, it is not believable that the rebellion against this tyrannical law will not amplify greatly.

Of course, the federal courts may simply rewrite the law as the Supreme Court did in NFIB v. Sibelius when Chief Justice John Roberts so feared opposing Obama that he claimed a broad power to tax for purposes not enumerated in the Constitution was the basis for penalty taxes in the ACA.  He did this despite the many, many Democrat Socialist claims when they created the law and voted for it that it was not a tax.  So, the weak-kneed federal courts may fail to protect our individual rights once again.  But then again, maybe this time the federal court will stand on principle and the letter of the law.  Perhaps the fact that Obama has in so many ways violated the letter of the law is taking a legal toll on the patience of the courts.  Perhaps the fiasco of it implementation and rising anger among the People will give the courts some courage.  We shall see by 15 February 2014.

Thank you Competitive Enterprise Institute and Sam Kazman, its general counsel, and their allies!

Maryland State Health Insurance Exchange is Inoperable

At 11:40 PM the Maryland State Health Insurance Exchange, sadly collaborating with the tyrannical ObamaCare mandate that individuals do not own their own bodies and minds, is unavailable.  It claims it has heavy traffic and that one should come back later.  Apparently, it have been so informing people all day.  Apparently, later is much later.  I wonder if anyone is actually able to use it at all.

It would be great if it never works, because we should all be allowed our individual right to either buy or not buy health insurance.  If we choose to buy it, we should be able to buy a plan with the coverage we want or at least those coverages freely offered by the market.  Government dictation is totally unacceptable.  Any government that interferes so fundamentally with our right to life is illegitimate and it is our duty to replace it.  See the Declaration of Independence.