President Obama’s repeated use of executive powers to ease the rollout of his health care law could be setting the stage for Republicans to roll back the overhaul’s most controversial parts if they retake the White House in 2016, say analysts who have tracked the law’s shifting landscape.
The president has tweaked or delayed Obamacare’s mandates on employers and individuals without Congress on multiple occasions, each in a bid to put out a political firestorm caused by the law’s rocky rollout.
Although he is taking advantage of discretion built into the Affordable Care Act of 2010, those executive powers also would give “a future President Rand [Paul] or other ACA opponent room to throw a monkey wrench into the works and help try to dismantle the law from the inside,” said I. Glenn Cohen, a health policy analyst at Harvard Law School.
“That said, it was not the president’s decision to delay parts of implementation, so much as the design of the legislation itself, that leaves open this possibility,” he said.
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