Judge Andrew Napolitano said this morning that President Donald Trump’s executive order on Obamacare – issued Friday right after he was inaugurated – was “truly revolutionary.”
The Fox News senior judicial analyst said the executive order instructed government agencies to use “discretion” to side with the individual over the government.
The text reads:
To the maximum extent permitted by law, the Secretary of Health and Human Services (Secretary) and the heads of all other executive departments and agencies (agencies) with authorities and responsibilities under the Act shall exercise all authority and discretion available to them to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State or a cost, fee, tax, penalty, or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of healthcare services, purchasers of health insurance, or makers of medical devices, products, or medications.
Bill Hemmer asked whether that means “do not enforce the law.”
Napolitano said that the order directs agencies to “dial back the severity of the enforcement and [not] to punish a person or a state for what you think is their non-compliance because it might not be non-compliance in a couple of months.”
Napolitano added that he’s never before seen a president say “you will exercise your judgment against the government and in favor of the individual. That is truly revolutionary and is exactly what [Trump] promised he would do.”
He said that Trump is telling government agencies to proceed with the expectation that the law will be repealed soon, especially with regard to tax penalties.
Moments before, Hemmer talked with Sen. Bill Cassidy (R-LA), who is introducing a replacement Obamacare plan called The Patient Freedom Act of 2017.
A major part of the plan is health savings accounts, funded by tax credits, that individuals would be able to use for health care costs.