Illegal plans are still illegal

The blog post of the day goes to Jonathan Adler at the Volokh Conspiracy and "The Legality of the Latest Obamacare Fix."  Adler sidesteps the question of whether Obama's "enforcement discretion" is legal (it's not) - rather he asks why insurance companies would open themselves up to the liability of an illegal plan:

..under Section 300gg-6 insurers are barred from offering health insurance plans in individual and small group markets that do not include the essential health benefits package. This obligation remains. Would it affect the enforceability of such an insurance policies terms in private legal dispute in state court? It’s understandable if insurance companies will be in no rush to find out.

Today on NPR, the person reporting the story of the Upton bill was dismissive about the legislation because it supposedly does exactly what Obama proposed.  She further opined that Obama wouldn't rescind his discretionary enforcement because - well, I didn't hear - because I was laughing out loud.  Putting aside the established point that Obama believes that his Constitutional duties are flexible to his political well-being, this is completely aside the point.  As Schoolhouse Rock taught us, a law is a law and Congress decides; it's the President's duty to enforce the law...even his own.

Obama's pinkie-swear to let everything slide is just another blame-shifting ploy.  Who is fooled by this farce?

Extra - Ace: "The only way to even have a chance to get these policies offered is if they're officially legal, like legal legal, not illegal, but I'll ignore it for now "legal.""

More - From the Lonely Conservative.