Is There A Brave Insurance Commissioner Out There?

The so called "fix" of Obamacare unveiled by president Obama yesterday is almost certainly unconstitutional.  Basically, the fix consists of the president announcing that the federal government will not enforce federal law.  That is not a power that the president has under the Constitution.  The problem with Obama's action is that there are only two likely remedies for it.  First, a court could rule that Obama went beyond his powers.  Of course, just to get to a court decision would take so long that the one year period of the "fix" would likely pass before any final court ruling was made, so that does not work.  Second, Congress could impeach the president for the misdemeanor of subverting the Constitution.  That will never happen.  So, since Obama seems not to care about Constitutional niceties, he just went ahead with the "fix".

There is, however, another way that this issue could be brought to a head.  The state insurance commissioners across America are still required to follow the law.  Each of them could announce that they cannot legally allow the "fix" announced by Obama since federal law prohibits the sale of the now cancelled health insurance policies.  Such a refusal would put the unconstitutional nature of Obama's actions squarely before the people of America.  Particularly since the fix will not work anyway, it would be a very beneficial thing for the country to hear from the commissioners that Obama had exceeded his powers under the Constitution.