President Trump Gives Congress An Incentive to Repeal and Replace ObamaCare

White House Press Secretary released the following statement on 12 October 2017:

"Based on guidance from the Department of Justice, the Department of Health and Human Services has concluded that there is no appropriation for cost-sharing reduction payments to insurance companies under Obamacare. In light of this analysis, the Government cannot lawfully make the cost-sharing reduction payments. The United States House of Representatives sued the previous administration in Federal court for making these payments without such an appropriation, and the court agreed that the payments were not lawful. The bailout of insurance companies through these unlawful payments is yet another example of how the previous administration abused taxpayer dollars and skirted the law to prop up a broken system. Congress needs to repeal and replace the disastrous Obamacare law and provide real relief to the American people."

Some are saying this is a clear sign of President Trump's intent to expedite the demise of ObamaCare. Still the decision is not surprising as some providers have already increased their rates in anticipation of this order based upon a court rulings last year. Some background:

May 2016 the U.S. House of Representatives prevailed in its case against the Department of Health And Human Services when the court ruled the Obama administration had been improperly subsidizing ObamaCare with cost-sharing reduction payments.

So far during the first year of President Trump's first term, Congress has failed to deliver on its campaign promises and President Trump's oft stated intention to Repeal and Replace ObamaCare. The statement above is most likely a move by President Trump' to incentivise Congress to do their job as cancellation of further the cost-sharing reduction payments will most likely expedite the inevitable self-implosion and failure of ObamaCare.

Okay before you castigate President Trump or the GOP for following the law, you must remember a few background facts.

• First, America became mired in the swamp known as ObamaCare because Obama and the Democrats schemed and maneuvered to dubiously enact ObamaCare into being almost entirely, except for a single Republican vote, along party lines.
• Second, Obama and the Democrats lied en masse about the benefits of ObamaCare with numerous if you like your doctor, healthcare plan lies.
• Third, the most likely purpose Obama and his deep state minions had in making the unlawful cost-sharing reduction payments to insurance companies is because the payments had the effect subsidizing insurance company losses which in turn kept premiums artificially depressed thereby increasing public acceptance of his dubious legislation and failing presidency.
• Fourth, Obama mis-appropriated funds from Fannie Mae and Freddie Mac to make the unlawful cost-sharing reduction payments to insurance companies.

The only thing Trump has done is follow the law.

Nota Bene: It is quite possible that there are numerous crimes implicated in this Obama Administration fiasco, to wit:

The Antideficiency Act prohibits federal employees from:

• making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. 31 U.S.C. § 1341(a)(1)(A).
• involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B).
• accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342.
• making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations. 31 U.S.C. § 1517(a).

Federal employees who violate the Antideficiency Act are subject to two types of sanctions: administrative and penal. Employees may be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. In addition, employees may also be subject to fines, imprisonment, or both.