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The Spectacle Blog
There have been over 1200 waivers handed out for companies to avoid complying with parts of Obamacare, including waivers that cover over half a million labor union members — and fewer than 70,000 non-union workers.
Today it is being reported that 10 states are being granted waivers from certain provisions of the No Child Left Behind Act because they will not be able to have enough students proficient in math and reading by 2014. Did anyone think that a federal law would actually change student performance? Fox News quotes a government official who says that “28 other states, as well as the District of Columbia and Puerto Rico, ‘have indicated their intent to seek flexibility.’”
These companies and states are getting waivers because they can’t meet certain standards, or because the cost of complying with the rules are too high. These are all fine reasons, and I think the bar for a state or company to avoid a high-cost federal mandate should be fairly low. But none of these reasons has anything to do with a constitutionally-protected right (or at least not one that the Supreme Court has yet recognized).
Apparently, then, the only people who can’t get waivers are Catholic and other religious organizations whose objection to a rule is actually protected by the Constitution.
The Obama Administration is truly an anti-religion tyranny (and I say that as a non-religious non-Christian) with no understanding of or respect for fundamental American principles.
The only question left is whether the political heat to allow such organizations out of a requirement to provide their employees with birth control and other reproductive health care services through employer-purchased health insurance will be enough to get them to back down. At this point, it’s 50/50.
View all comments (20) | Leave a comment
More Blog Posts by Ross Kaminsky
http://spectator.org/blog/2012/02/09/no-waiver-for-thee
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C Bowen | 2.9.12 @ 10:25AM
"Did anyone think that a federal law would actually change student performance? "
Umm, George Bush, Rick Santorum, Mitt Romney, and Newt Gingrich did--basically, liberal Republicans think so.
Ward Bond| 2.9.12 @ 10:27AM
Barack Hussein Obama IS the High Priest of Atheistic Marxism.
Claypoole| 2.9.12 @ 10:50AM
He is also the high priest of death, and Kathleen Sebelius is his priestess.
Floyd Looney| 2.9.12 @ 10:43AM
Hey, maybe we'll exempt Muslims from laws against terrorism??
OLDRAY| 2.9.12 @ 10:53AM
I am not a Catholic but am 100% with the Church on this important issue. Every American should be outraged at this attack by the Obama administration . Romney and Newt are not making enough noise . This attack on US civil rights should be vigorously opposed. Every religous AND non-religous patriot of whatever political party should strongly condemn this. A national strike would not be too strong an action to oppose this important government threat.
RJ| 2.9.12 @ 11:06AM
While there may be a small legitimate role for waivers in general to various laws, the process can be manipulated for political purposes (as appears the case in ObamaCare waivers) and create a corrupt administration of government. Legitimate laws apply equally to every one and no one should be exempt from them. Widespread waiver programs, exempting some while insisting on compliance from others is discriminatory. It violates the former Constitutional principal of equality of all under the law. It is a characteristic of a "lawless" and tyranical government. Remember what we used to say of the Soviet Union: a place where some are more equal than others? More and more, the Federal government has become a favor factory, losing its legitimacy for governing.
Ward Bond| 2.9.12 @ 11:32AM
Welcome to Obamaland. A managed society with "them" being the managers. Some compare obama to Carter. Far from it. Carter was simply a fool and in over his head. Obama is shrewed and cunning. I think every move he makes is purposeful and done to move his agenda forword. I also don't think he is afraid of the election. We dare not let him win.
Pete| 2.9.12 @ 12:07PM
All Obama needs to do to win the election in November is to bomb Iran in October.
RJ| 2.9.12 @ 12:38PM
Yes, we dare not lose this year because it is likely the last chance to preserve a free society in America. I have been increasingly worried about America for over 20 years. Government is getting more and more restrictive and corrupt.
In California today, we have a law that establishes a $1,000 fine for throwing a frisbee on the beach in a non-designated area. "Community Associations" demand payment and approval for any exterior change that a homeowner may want to make to their house, front or back yard. In my case, they even have regulations for dog houses in your back yard, even though this goes well beyond their authority in the CC&Rs;.
The young people have grown up with big government and don't see a problem with it, just like they don't have a problem with Obama's class-oriented, big government approach. Our problem isn't so much Obama and his ilk, it is those Americans who support their political objectives. This election will be a referendum on what America stands for: individual freedom and opportunity versus class envy and dictatorial government.
darcy| 2.9.12 @ 8:51PM
RJ: You are making the critical point here. The labyrinthine health care law was crafted specifically, I would argue, to achieve exactly this result -- it would be used as a cudgel to disfavor those groups resistant to statism and as a reward to favor those groups who are allied to the liberal-progressive project.
Hypocrisy thy name is liberalism. What manner of equality is this? Ah, yes, equality when it furthers statism, discrimination when it does not.
Terrific essay, Mr. Kaminsky.
Glen H| 2.9.12 @ 11:12AM
He will back down for the simple reason that he cannot get reelected if he doesn't.
Perhaps he can ask Komen Foundation for pointers.
ncatty| 2.9.12 @ 2:48PM
Agreed.
Martin Owens| 2.9.12 @ 11:35AM
Whether he backs down or not, the mask is off for good.
Pete| 2.9.12 @ 12:06PM
Waivers are a violation of the equal protection clause of the constitution.
kingsmill| 2.9.12 @ 12:09PM
Willard imposed the same mandate in 2005 with the Massachusetts Emergency Contraceptive Act:
"C.J. Doyle, executive director of the Catholic Action League of Massachusetts, told Salon he didn’t want to “let Romney off the hook because the initial injury to Catholic religious freedom came not from the Obama administration but from Romney’s administration”; he explained that there was a preexisting exemption for religious institutions already in the Massachusetts law that was stripped out on the advice of Romney’s gubernatorial legal counsel. “President Obama’s plan certainly constitutes an assault on the constitutional rights of Catholics, but I’m not sure Governor Romney is in a position to assert that, given his own very mixed record on this.”
Doyle said Romney was “very consistent at working both sides of the street on the same issue,” but his record on this has been “one of cynical and tactical manipulation.”
He agreed that Romney’s old pro-choice agenda has been somewhat overlooked by his conservative religious brethren. Romney can only pray that they hold off, and they may do so just as long as he continues to kowtow to them. Coming out in favor of the Susan G. Komen Foundation’s decision to pull the funding plug on Planned Parenthood covered his right flank this week, though evidently not well enough for conservative voters. Romney said, unequivocally, that the government should follow suit, but yesterday’s election results could complicate his well-documented problems motivating conservative voters."
Vern Crisler| 2.9.12 @ 12:24PM
Gee, if employers are required to provide their employees with "birth control and other reproductive health care" is Viagra coverage just around the corner?
When did government ever have the right to tell employers what they should provide for their employees?
Oldefarte| 2.9.12 @ 12:53PM
No waivers for the Catholic Church? Well in the words of his longtime reverand and mentor.....GD, AMERICA!!!!!!!
squalis| 2.9.12 @ 2:04PM
The important point in my mind is that the Federal Government is not capable of providing domestic bliss on any front. The genius of the Constitution has been grossly eroded. I can't wait for Obamacare to kick in. Once it's too late to repair the harm of that horrific law, just wait for much of the following:
"Not all voted for it, but those who did would like to pretend that they didn’t, or that they didn’t understand the consequences of the vote, even though the consequences were clear,” said Rep. Adam Smith (Wash.), ranking Democrat on the House Armed Services Committee.
This quote was pulled from an article from "The Hill" regarding "buyers remorse" over the debt deal.
There isn't anything that the US Government is not able to make worse.
JP| 2.9.12 @ 2:14PM
Kill NCLB. At this point, even the states should get out of the education business. Return everything to the cities, counties, or townships. Our experiment in public education has proven disasterous over the long haul. We've spent untold trillions of dollars and wasted almost every nickel of it. The last 4 decades proved that centralized education is nothing but an endless money pit.
Bill| 2.9.12 @ 2:21PM
Only those swing states, where Obama can win in 2012.