According to the latest Obamacare revision, business owners employing 100 or more employees can not reduce the size of their workforce unless they certify to the IRS - under penalty of perjury - that they are not laying off their employees merely to qualify for the latest Obamacare waiver that exempts companies employing less than 100 workers from providing their employees with health insurance until 2016.
For many business owners - even larger-sized business owners - the Obamacare mandate is an absolute nightmare that may put them out of business. And, while the Obamacare waiver - which essentially circumvents the health care law and its mandate - is illegal - according to many analysts - President Obama, paradoxically, is now CRIMINALIZING those who LAWFULLY seek to qualify for his ILLEGAL Obamacare waiver, as Andrew McCarthy and Rush Limbaugh both noted on Wednesday
Andrew McCarthy pointed out:
"To avoid ObamaCare costs you must swear [to the IRS] that you are not trying to avoid ObamaCare costs.
"So now Obama, like a standard-issue leftist dictator, is complementing lawlessness with socialist irrationality.
"Think about how lunatic this is. There is nothing even faintly illegal about businesses' -- indeed, all economic actors' -- making financial decisions based on tax consequences. (And remember, notwithstanding Obama's misrepresentations to the contrary, Obamacare mandates are taxes -- as Obama's Justice Department argued and as Chief Justice Roberts & Co. concluded.) The tax consequences of Obamacare are profound -- that is precisely the reason that Obama is "waiving" them...
"What is illegal and irrational is not a company's commonsense deliberation over its costs, it is Obama's edict. And look what attends this one: criminal prosecution if Obama's Justice Department decides the business has falsely certified that its staffing decision was not motivated by Obamacare.
"Think about that for a second. The waiver is illegal. It flouts the language of the Obamacare statute, under which the employer mandate is required already to have been implemented by now. There is nothing in the law that empowers Obama to waive the mandate, much less to attach lawless conditions to such a lawless waiver...
"The payments required by the statute, after all, are owed to the public, not to Obama -- he's got no authority to deprive the government of these funds just because it would harm Democrats to collect them.
"Yet, Obama proclaims his illegal waiver with impunity -- Congress apparently unwilling to stop him. You, on the other hand, will be prosecuted for breaking the "law" if you do not comply to Obama's satisfaction with the illegal and irrational condition he has unilaterally placed on his illegal waiver.
I got it, Andrew.