Government by Blog Post: Decision to Delay Employer Mandate Came From White House, Not Treasury Department

March 20th, 2014

Totally unsurprising news: the White House, and not the Treasury Department, made the call to delay the employer mandate:

“Information obtained by the Committee suggests that last year’s decision to delay the employer mandate was made by the White House and not the Treasury Department,” the letter continues. “We were surprised to learn that the White House Chief of Staff knew about the employer mandate delay prior to the head of the department implementing the program. This finding raises serious questions about whether the White House directed the delay of the employer mandate for political reasons.”

Even worse, no one in the Treasury Department inquired into the legality of the decision to delay it:

Issa cited testimony from Treasury Assistant Secretary for Tax Policy Mark Mazur, who in an interview with Oversight said repeatedly he couldn’t recall if anyone at Treasury discussed whether the agency had the legal authority to delay the mandate.

“These admissions are stunning: there are more than two thousand attorneys in the Department of Treasury, and the official responsible for tax policy cannot recall a single one inquiring into the legal authority for the employer mandate delay,” the letter says. “Furthermore, Mr. Mazur’s responses are inconsistent with the Department’s claim that it relied upon an asserted authority under § 7805 of the Internal Revenue Code.”

The implementation of Obamacare has been purely political, and totally in disregard for the normal administrative process. This is government by blog post at its finest.