NEW POLL ECHOES OLDER POLLS: Most People Hate Obamacare.
And a reader emails: “I think that Obama (or whoever handles him) may turn around late next year and suddenly reactivate the employer mandate. Remember, he can only refuse to enforce it, he cannot undo it. So what’s to stop him from not enforcing it early, then right around the end of the year, say right after the elections, saying ‘okay now we will enforce it,’ and punish companies for not providing health insurance? He could even pick and choose which companies against which to enforce it! Would you warn companies of such a possibility?” Well, that’s the thing about executive discretion — you can’t count on it. But it’s not clear to me where Obama gets that discretion anyway. In fact, I’m not sure that the Uniformity Clause doesn’t block the granting of waivers anyway.