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One need only remind oneself of the reason Mr Obama delayed enforcing the mandate: damage control.
The judge noted that his order did not keep the government from enforcing the mandate against anyone else.
Federal courts have dismissed most of the roughly 30 lawsuits already filed against the mandate by Catholic dioceses and other nonprofit corporations, because the government is not enforcing the mandate for religiously affiliated nonprofits until this August.
Gov. George E. Pataki has had an application for a waiver pending before the Environmental Protection Agency, the federal regulatory agency in charge of enforcing the mandate, for more than 18 months.
Because Congress is no longer enforcing the mandate, they say, insurers no longer have to sell policies to everyone regardless of medical status.
The states would be charged with enforcing the mandate and would have to arrange coverage for people who did not do so themselves.
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But instead of enforcing the mandated cuts, every year Congress has passed a "doc fix," coming up with billions to keep paying physicians the same amount and avert any reductions.
"The money allotted to states that adopt this one-size-fits-all mandate won't cover the many millions it costs to actually enforce the mandate due to increased monitoring and enforcement".
The Consumer Product Safety Commission, which would ultimately help enforce the mandate, has not yet taken a position on the proposal.
Others, like Paul Starr, a Princeton sociologist, say they believe Mr. Gruber's work does not account for how hard it will be to enforce the mandate.
The ruling will also make it much harder to enforce the mandate that employers offer coverage, which has already been delayed.More broadly, the decision may make it harder for Congress to enforce the laws it passes.
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CEO of Professional Science Editing for Scientists @ prosciediting.com