"The executive should be very wary of ever acting contrary to a federal statute, but on rare occasions it is necessary and appropriate," she said.
Since its origin, the SIMEU statute declares the aim of "promoting and supporting the foundation of the Specialization School in Emergency and Urgent Medicine," so trying to modify an anomalous situation in which emergency physicians working in Italian emergency departments (EDs) are not specialists (contrary to many countries worldwide, and contrary to a definite EU directive dating back to 1998).
"What D.O.J. is saying is clearly contrary to the statute in our view," Armold says.
Now, that was advice that was flatly contrary to the statute.
"The regulations are wrong on so many levels, because they are contrary to the statute," said Mr. Merkel, who is also Cantor's executive managing director.
Contrary to the statute's original purpose, many workers put in the "salaried" category do little if any supervisory work.
Under the Chevron doctrine, where statutory language is reasonably subject to different interpretations courts have long deferred to agency interpretations that are not "arbitrary, capricious, or manifestly contrary to the statute".
Only one president, Andrew Johnson in 1868, has been through the whole process: technically, for removing a cabinet officer contrary to statute, but actually for enacting "soft" policies towards the South after the civil war.
A wealthy, but very old man, wanted by the state as a "fugitive over the sea, contrary to statute", Bourchier lived quietly abroad for his remaining years.
Since the IRS interpretation both furthers essential goals of the ACA and prevents the very crumbling of the act itself, it's hard to see how the interpretation could be arbitrary, capricious, or manifestly contrary to statute under any standard of review, especially a highly-deferential one.
